In these Terms and Conditions, the following words shall have the meaning set opposite:-
“Itinerary” means a personalised schedule produced by Us for You, containing a Package based on Your requirements;
“Full amount” means that participants must have completed the payment before the time limit specified. Any bank charges will be paid by You.
“Package” means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and which service covers a period of more than 24 hours or includes overnight accommodation:- (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package;
“Single occupancy” means that the room will be occupied by 01 person
“Twin sharing” means that the room can be occupied by maximum of 02 person
“Time limit” means that the participant must provide their reservation and have completed their payment before the date given by Us.
“Personal Information” means information provided by You on creating an Itinerary or making a Reservation to include Your name, address, contact details and payment details;
“Price” means the total price paid per person for the Itinerary;
“Reservation” means the securing of the Itinerary;
“Service Provider” means any other party other than Us, who will provide services for the Itinerary including, but not limited to accommodation, transport and golf passes;
“Start Date” means the date upon which the Itinerary commences;
“We/Us/Our” means PT Bali Fantastic Holidays. Jalan Danau Agung 2 No. 63, Jakarta, Indonesia.
“You/Your” means the person(s) making the reservation.
2. YOUR ITINERARY
2.1 Your Itinerary will contain details of the following:-
2.1.1 Your travel destination and/or destinations together with details of dates and relevant periods of stay.
2.1.2 The location of accommodation; its tourist category or degree of comfort; its main features and the accommodation’s compliance with the rules of Indonesia if appropriate. All quotations are made based on rooms with private bath/shower at the hotels requested. Once Your Reservation is made, and any accommodation in the Itinerary shown as subject to availability before the Reservation is made has been confirmed, no changes will be made without consultation and agreement with Us. Upgraded rooms are available for a supplementary charge in most hotels (subject to availability).
2.1.3 Details of any meals.
2.1.4 Details of any visits, excursions or other services which are included in the Price.
2.1.5 Our contact details and the details of any Service Provider.
2.1.6 The Price together with the payment schedule.
2.1.7 Details of any special requirements which You have expressed to Us and which have been accepted by Us and the relevant Service Provider.
3. PAYMENT AND AMENDMENT
3.1 Full payment of the Itinerary is due at least 60 days before the Start Date.
3.2 An administration fee of USD 40 will be charged for any amendments made by You to the Itinerary after the Reservation is made. All amendments are subject to availability and may incur extra charges.
3.3 Golf course fees and prepayments are non-refundable at any time.
3.4 Payment must be made in full amount before the time limit given to the bank account specified.
4.1 We will endeavor to keep the Price as detailed on Your Itinerary at the time of Reservation, however the Price is subject to change (whether an increase or decrease) due to variations in the following:-
(i) transport costs, including fuel costs;
(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; and/or
(iii) applicable exchange rates.
4.2 Price increases will be made only up to 30 days before the Start Date.
4.3 No Price increase will be made in respect of variations which result in an increase less than 2% of the Price.
5.1 By You:-
5.1.1 Notification of cancellation must be forwarded in writing to Us as soon as possible at the address noted above. Cancellation fees will be charged to You to cover non-refundable charges incurred by Us in making Your Reservation, including administrative costs.
5.1.2 Cancellation fees as follows
40 days or more prior to the commencement of the tour, 30% of the total tour cost will be charged
39 – 20 days prior to the commencement of the tour, 50% of the total tour cost;
19 – 0 days prior to the commencement of the tour, total tour cost non-refundable.
5.2 By Us:-
5.2.1. Prior to Start Date, if We cancel the Itinerary, we will endeavor where possible to:-
(i) provide an alternative Itinerary of equivalent or superior quality; or
(ii) provide an alternative Itinerary of lower quality and pay You the difference between Your Itinerary and the substitute Itinerary. Failing which, You will be entitled to a full refund.
5.2.2 Where We fail to provide the Itinerary, You are entitled to cancel and be refunded any Price paid except: (i) where the number of persons who agree to attend the Itinerary is less than the minimum number required and where You are informed of the cancellation, in writing at least 40 days prior to the Start Date; (ii) where the Itinerary is cancelled by reason of Force Majeure.
5.3 Where it becomes apparent after Start Date that a significant proportion of the Itinerary contracted for is not or cannot be provided, We will make suitable alternative arrangements, at no extra cost to You, for the continuation of the Itinerary and will, where appropriate, compensate You for the difference between the Itinerary to be supplied under the Reservation and those supplied. In the event that it is impossible to make such arrangements or if You do not accept the alternative arrangements for good reasons, We will, where appropriate, provide You with equivalent transport back to the place where the itinerary began or to another place to which You have agreed and will, where appropriate, compensate You.
6. TRANSFER OF BOOKINGS
6.1 Where You are prevented from proceeding with the Package, You may transfer the Package to another person (“transferee”) who satisfies all the conditions applicable to the Package, subject to You providing reasonable notice to Us prior to the commencement of the Package. Please note that You and the transferee shall be jointly and severally liable to Us for payment of the balance Price and for any additional costs arising from such transfer.
7. PACKAGE DOCUMENTS
7.1 Approximately 3 weeks prior to the Start date You will receive Your personalised information pack containing all relevant documentation. This will include details about the transport provided (including times and places of immediate stops and transport connections if relevant); and accommodation. The information pack will also include the name, address and telephone number of Our representative in the area of Your stay. Also, if a child under 16 is traveling unaccompanied without parent/guardian, information will be provided so that direct contact may be made with the child or the person responsible at the place where the child is to stay.
8. UNUSED TOUR SERVICES
8.1 Partly used or unused services included in the Itinerary, are non-refundable except as stated otherwise. No refunds will be made for any hotel accommodation, meals, golf, nor any other service not used due to flight delays, schedule changes or for any other reason, other than those stated in these Conditions.
9. CHANGE OF ESSENTIAL TERMS
9.1 Where We must alter significantly an essential term of the Conditions, We will inform You of this change as soon as possible to allow You to take an appropriate decision; to include withdrawing from the Conditions without penalty or allowing Us to amend the Conditions. Any amendment by Us will specify the changes made and how these have impacted on the Price. You must inform Us of your decision in this matter within 5 working days.
10. TRAVEL INSURANCE
10.1 We strongly recommend any persons wishing to travel, to arrange Travel Insurance independently.
11.1 We are liable to You for the proper performance of the obligations contained in the Itinerary, and Conditions irrespective of whether such obligations are to be performed by Us or another Service Provider. However, this shall not affect any remedy or right of action which We have against those Service Providers.
11.2 We are liable to You for any damage caused to You by the failure to perform or improper performance of any of Our obligations under the Itinerary or Conditions except where failure or improper performance is attributable to (a) You; (b) a third party unconnected with the Itinerary, which are unforeseeable or unavoidable; or (c) unusual and unforeseeable circumstances being beyond Our control, the consequence of which could not have been avoided, foreseen or forestalled, even if all due care had been exercised.
11.3 In the event You feel that any of the Package is not being supplied in accordance with the Itinerary or Conditions You must, at Your earliest opportunity, communicate this failure in writing to Us at the above address.
12. FORCE MAJEURE
12.1 We will not, together with Our Service Providers, be liable for injury, damage, loss, accident, delay, irregularity, changes or inconvenience caused by, but not limited to, the following: any force majeure health risks, reasons of war, threat of war, riots, civil strife, terrorist activity, or expense to personal property due to act or default of any hotel, carrier or any other company or person providing or rendering of the Itinerary.
12.2 We will not, together with the Service Providers, accept responsibility for any sickness, pilferage, labour disputes, machinery breakdown, government restraints, weather condition, defect in any vehicle or transportation or for any misadventure or casualty or any other causes beyond Our control.
12.3 Every effort will be made by us/you to complete play on a scheduled day. In accordance with Rule 6-8, In the event of heavy rain, lightning, fog, extreme heat, unplayable course conditions or for any other reason, the Golf Course’s Committee will be responsible for deciding whether to suspend or resume play. If the Golf Course’s Committee determines that completion of a day’s play is not possible on the scheduled day, the day’s play will be abandoned.
13. VALUE ADDED TAX (Indonesian Government Tax)
13.1 The current rate of 10% is included in all Packages but is subject to change, if necessitated by Government Ruling without prior notification.
14. METHOD OF PAYMENT
14.1 We only receive payment by bank transfer to bank account under our travel agent (PT. Bali Fantastic Holiday) in full amount.
15. DATA PROTECTION
15.1 You shall consent and shall procure the party’s on whose behalf You are making the Reservation, consent to his/her details being used for the purpose of the Itinerary as may be required under the Government Regulation. We may use the main address of You in relation to the Itinerary and the organization of the Itinerary.
15.2 We undertake that We will not disclose any Personal Information belonging to You without Your prior written consent. We will hold all information about You securely, in accordance with our internal security policy and with Indonesian law. We will hold information about Your transactions with us for administrative and legal reasons, and will not disclose such information to any third party except as expressly set out hereunder or as required by Indonesian law, or for the purposes of Indonesian statutory audit.
15.3 We will hold Personal Information about You, including your name, address, phone number, email address, details of Packages You have bought, transaction information (the numbers, amounts and times of payment you have made to us), and billing address details.
15.4 We confirm that any Personal Information which You provide to us shall be used to organise and arrange the Itinerary in accordance with your instructions.
15.5 We will be promoting and advertising the Golf Weeks, thus the Golfer / Non-Golfer agrees for Us to use these images for media release and promotions.
These Conditions shall be binding upon the parties and shall not be capable of novation, assignation or other transfer by You without the prior written consent from Us, which consent should not be unreasonably conditioned, withheld or delayed; provided that in all cases of assignation the assignee effectively undertakes to perform all the obligations of the assignor as though the assignee had been an original party hereto.
17. GOVERNING LAW
These Conditions shall be governed by and construed in accordance with the law of Indonesia. Each party irrevocably agree to submit to the exclusive jurisdiction of the Indonesian courts over any claim or matter arising under or in connection with these Conditions or the legal relationship established by these Conditions.