Special Booking Terms & Conditions for Community Development Practice Exchange October 2018
Please read these booking conditions carefully. Real Indonesia is not itself a transport, tour, event or accommodation provider and acts only as an agent for those service providers (our local partners in Indonesia).
1. Our Contract
By booking a trip with us you acknowledge that you have read all the terms of the contract and agree with them, your booking will be accepted by us on this basis. If you disagree with any of the terms of the contract, do not proceed with the Booking.
In these Booking Conditions:
· Booking, means your acquisition of a Community Development Practice Exchange through our System;
· Booking Conditions, means the terms and conditions contained in this document;
· Booking Price, means the total price of your Community Development Practice Exchange as quoted to you at the time of Booking;
· Claims, includes a claim, notice, demand, action, proceeding, litigation, investigation, judgement, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to the contract between us and you;
· Intellectual Property Rights, means all present and future intellectual and industrial property rights throughout the world conferred by statute, common law or equity in or in relation to inventions, patents, designs, Marks, copyright and know-how, trade secrets and confidential information and other results of intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967, and all of these rights include all rights in all applications to register these rights, all renewals and extensions of these rights and all rights in the nature of these rights;
· Local Partners, means the local Indonesian third party company or person we are partnered with to provide you with Travel Services;
· Marks, includes trademarks, tradenames, service marks, brand names, logos and insignia;
· Party, includes all the persons on whose behalf a booking of a travel package is made and any other person who is added or transferred to that Booking;
· Real Indonesia, means Real Indonesia Pty Ltd (ABN 40 618 430 096);
· System, means the holiday sales and marketing platform and booking and reservation system which we use to sell Community Development Practice Exchanges;
· Travel Service Supplier, means our Local Partners and other third parties who provide you with Travel Services included in your Community Development Practice Exchange; and
· Travel Services, means the service or product provided by Travel Service Suppliers.
In these Booking Conditions, except where the context otherwise requires:
· the singular includes the plural and vice versa, and a gender includes other genders;
· another grammatical form of a defined word or expression has a corresponding meaning;
· a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
· a reference to $ or dollar is to Australian currency;
· a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
· the meaning of general words is not limited by specific examples introduced by including, for example, or similar expressions;
· any agreement, representation, warranty or indemnity in favour of two or more parties including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;
· a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it; and
· “we”, “us” or “our” means Real Indonesia.
In addition, headings are for ease of reference only and do not affect interpretation.
Please also note:
· these conditions contain a limitation of our liability to you and of our obligations in relation to the Community Development Practice Exchange which you book through our System;
· the person who completes the Booking application or makes and pays for the Booking must be at least 18 years of age; and
· where you make a Booking on behalf of you and members of your Party, each member of your Party will be jointly and severally liable under the contract (including these Booking Conditions).
4. Applicable law
This agreement shall be governed and interpreted in accordance with the laws of Western Australia. Any disputes in connection with the Community Development Practice Exchange or these Booking Conditions must be initiated in the courts of Western Australia.
We may join you to any proceedings initiated in any other jurisdiction if:
· we initiate proceedings against a Travel Services Supplier; or
· a Travel Services Supplier initiates proceeds against us.
5. Contact Us
If you have a query regarding the Community Development Practice Exchange or encounter any problems while booking your Community Development Practice Exchange through our System, please email details to firstname.lastname@example.org.
We do not provide you with Travel Services directly. Issues relating to Travel Services must be dealt with in accordance with clauses 23 and 24 of these Booking Conditions.
B. BOOKING CONDITIONS
6. Community Development Practice Exchanges and our System
We provide you access to an integrated booking system connecting users to Local Partners and Travel Services Suppliers through which we promote Travel Services to be booked for you as the Community Development Practice Exchange.
All bookings are made and accepted through our online System and must be accompanied by full payment or the required deposit (to be advised at the time of booking).
Your access to and use of our System and any third party websites linked to our System is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus free nature of such software.
Descriptions of Community Development Practice Exchanges, attractions and accommodation provided by us are based on information provided by our Local Partners and third-party Travel Services Suppliers. Any facilities shown as included may change at any time and, except where required by law, we make no representation as to the standard, class or description of accommodation or services provided by third parties. Photographs may show places in the general area visited, but not necessarily included in the tour. Every effort is made to ensure the accuracy of the information provided to travellers; however, we cannot and have not checked the accuracy of all information provided by Travel Service Suppliers and will not be held responsible for typographical errors, or errors arising from unforeseen circumstances.
In no event will we be liable for any direct, special, indirect, incidental, consequential (including among other things, loss of revenue or profits), punitive or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
· access to or use of our System;
· delay or inability to use our System or any information intended to be accessed through our System; and
· the availability and utility of Travel Services booked through our System.
Nothing in the above limitation of liability excludes liabilities not permitted to be excluded by any applicable governing law.
As a condition of use of our System, you agree to indemnify us from and against any and all Claims resulting from your use of our System, including Claims which, if held to be true, would constitute a breach by you of these Booking Conditions.
7. Your Guarantees, Representations and Agreements
By making a Booking you:
a) represent and guarantee that you:
· have the authority to accept on behalf of your Party the terms of the contract, including the Booking Conditions;
· are old enough to enter legally binding contacts through our System (and where completing a Booking for the Community Development Practice Exchange with age restrictions, that all members of your party are of the appropriate age to purchase the Community Development Practice Exchange);
· only provide information to us about yourself and your Party that is true, current and complete; and
· will maintain and promptly update us if any of your information provided to us at the time you made your Booking changes;
Your Booking is confirmed when you receive our Booking Confirmation Letter (to be sent electronically to the email address you provide). We will not issue a Booking Confirmation Letter for your Booking until you have provided all the information required to complete a Booking, this includes providing us with proof of your travel insurance, emergency contact information and agreeing to these Booking Terms & Conditions. Your Booking may be confirmed upon the payment of a deposit, however if have not paid your remaining balance at least 45 days prior to the Community Development Practice Exchange start date (before 25 August 2018), your Booking with be cancelled. If you believe that any details on the confirmation receipt (or any other document) are wrong you must advise us immediately as it may not be possible to make changes at a later date.
We have partnered with our Local Partners with care, and where reasonably possible have selected third party Travel Service Suppliers which can offer the best services for the Community Development Practice Exchange. You acknowledge that:
· we pre-negotiate certain rates for Travel Services with Travel Service Suppliers to facilitate the promotion of the Community Development Practice Exchange;
· we provide you a service to facilitate such bookings and reservations for consideration (the “facilitation fee”); and
· the Community Development Practice Exchange displayed on our System is a combination of the pre-negotiated rate for this Travel Services included in the Community Development Practice Exchange on your behalf by us and the facilitation fee retained by us for our services.
We endeavour to ensure details and prices regarding Community Development Practice Exchange displayed on our System are accurate. Such details may change from time to time, depending on requirements of the relevant Travel Service Supplier for Travel Services included in your Community Development Practice Exchange, or for other reasons. We reserve the right to change the price of a Community Development Practice Exchange where:
· the wrong price for a Travel Service has been notified to us;
· due to currency fluctuations;
· where the wrong price of the Community Development Practice Exchange has been advertised;
· where the wrong price for the Community Development Practice Exchange was otherwise provided to you due to clerical or technical error; or
· otherwise update the details of a Community Development Practice Exchange if the information was not accurate at the time that you make the booking through our System.
In such circumstances we will, as soon as practicable, notify you of the change in price and details of the Community Development Practice Exchange. You will be given the option of retaining the Booking and where you have not paid the correct price, paying the correct price within a stipulated time period. If a pricing error referred to above entails an increase in price and you do not wish to proceed, or do not pay the correct price within a stipulated time period, we may cancel your Booking and provide you with a full refund of the price that you have in fact paid to us. We will not be obliged to proceed with the Booking at the incorrect price and we will not be liable to provide you with additional compensation.
10. Authorisation to make reservation and to draw on credit card
You authorise us to make the Booking for the full Booking Price, including the costs of each Travel Service included in the Community Development Practice Exchange as displayed on our System, plus tax recovery charges and facilitation fees. You agree that your credit card will be charged by us for the Booking Price. Upon submitting your booking request you authorise us to facilitate Travel Services reservations on your behalf, including making payment arrangements with Travel Services Suppliers. You agree to pay any cancellation or alteration fees you incur.
11. Force Majeure
We provide you with a service enabling you to book the Community Development Practice Exchange in Indonesia. We are not responsible for providing you with Travel Services, which are provided by our Local Partners and third party Travel Services Suppliers. Except where otherwise stated in these Booking Conditions, we will not be liable to compensate you if your Community Development Practice Exchange is affected by any event which we could not, even with all due care, foresee or avoid, including;
· any event outside the reasonable control of us or the Travel Services Supplier, including fire, storm, flood, earthquake, volcanic activity, explosion, war, invasion, rebellion, sabotage, epidemic, terrorism (threatened or actual), industrial activity or other similar event and act or omission (including laws, regulations, disapprovals or failures to approve) of any third person (including but not limited to, customers, governments or government agencies); and
· any inaccurate information displayed on our System provided to us by third parties.
12. Your details
In order for us to confirm your travel arrangements you must provide all requested details with the balance of the Community Development Practice Exchange price at least 45 days prior the Community Development Practice Exchange start date. These may include but are not limited to:
· full name as per passport;
· date of birth;
· passport number, passport issue and expiry date; (in some cases) and
· any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.
Failure to provide requested details may result in additional charges or non-refundable cancellation of your Community Development Practice Exchange in accordance with out cancellation policy in Section F.
13. Special Requests
If you require any special requests to facilitate your Booking we will take all reasonable steps to accommodate you. These requests should be advised to us prior to the time of booking and should be confirmed in writing. While every effort will be made to accommodate your request we cannot guarantee they will be fulfilled. Failure to meet a special request will not be a breach of contract and we will not accept bookings which are conditional upon any special requests being met.
C. TRAVEL CONDITIONS
Your Community Development Practice Exchange will include:
· an English speaking, local tour guide
· transport from the beginning to end of your Community Development Practice Exchange
· some meals
· accommodation (twin share in homestay style accommodation)
Your Community Development Practice Exchange will exclude:
· international flights
· domestic flights
· some meals
· visa and passport fees
· travel insurance
· optional activities and personal expenses
· transport to and from Denpasar International Airport to Ubud
17. Destination advice
We make no representations as to the safety, conditions or other issues that may exist at any destination. Travellers are strongly advised to obtain travel advice from the Australian Department of Foreign Affairs and Trade and to register their trip with them. Visit http://smartraveller.gov.au/Countries/asia/south-east/pages/indonesia.aspx.
18. Acceptance of risk
You acknowledge that the nature of the Community Development Practice Exchange in Indonesia is adventurous and participation involves a degree of personal risk. You will be visiting places where the geographical attributes present dangers and physical challenges greater than those present in our daily lives in Australia. We use information from DFAT and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. Travellers are required to follow the instructions of our Local Partners at all times, however travellers are required to exercise their personal judgement and may chose not to participate in any activity if they deem that it would put themselves at risk.
19. Refusal of carriage
We, and our relevant Local Partners, retain the right to remove travellers from the Community Development Practice Exchanges for reasons that impact on the enjoyment or safety of you or other participants. We reserve the right to terminate your Booking immediately and remove you from our Community Development Practice Exchange if in our opinion, or the opinion of our Local Partner, you, or any member of your Party, is:
· not covered by adequate travel insurance;
· likely to affect, the physical, medical or mental ability of participants to undertake the arrangements of the Community Development Practice Exchange;
· engaging in unsocial or unruly behaviour;
· is engaged in the carriage of prohibited substances or materials; or
· causing, or is likely to cause, distress, danger or annoyance to other participants, or third parties.
If we remove you from the Community Development Practice Exchange for the reasons outlined in this clause:
· your Booking will immediately end;
· neither we nor the Travel Services Supplier will have any further obligations to you; and
· you will not be entitled to receive any refund for Travel Services not supplied to you as a result of the termination of the Community Development Practice Exchange under this clause.
We may also require you, at our discretion, to pay for loss and/or damage caused by your actions. We will hold you, and each member of your Party, jointly and severally liable for any damage or loss caused by you, or a member of your Party.
D. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY
20. Intellectual Property
We own all Intellectual Property Rights in the System. The System is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any information, software, products or services obtained from our System. You indemnify us and hold us harmless in respect of any Claim arising out of or in connection with your breach of this clause.
21. Photos and marketing
You grant to us, our relevant Local Partner/s and our representatives and employees and the International Association of Community Development (IACD), the right to take photographs of you in connection with the Community Development Practice Exchange. You authorise and consent to us, our assigns and transferees to copyright, use and publish the same in print and/or electronically. You agree that we may use such photographs of you with or without your name and for any lawful purpose. You grant us and our relevant Local Partner a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
We understand if you disagree with this. However if you do, it is your responsibility to advise us in writing of this and to then also advise the Local Partner while in Indonesia. It is also your responsibility to excuse yourself from any planned group photographs.
E. COMPLAINTS, UNAVAILABILITY & LIABILITY
22. Conditions of Travel Services Suppliers
The Travel Services which make up the Community Development Practice Exchange are provided by our Local Partners and other third-party Travel Services Suppliers. Your Travel Services are provided to you in accordance with the terms and conditions of each relevant Travel Services Supplier and they form part of your agreement with us.
In the unlikely event that a Travel Service is unavailable upon arrival we, and our Local Partners will take all reasonable steps to ensure you are provided with an alternative Travel Service of equivalent or higher standard. If you do not wish accept an alternative Travel Service, you agree to accept, as full compensation, a refund of the cost of the unavailable Travel Service.
Should the unavailability of a particular Travel Service cause you to cancel your Community Development Practice Exchange the cancellation provisions contained in Section F will apply. You agree that, if you refuse alternative Travel Services, any cancellation will be initiated on your behalf and the relevant provisions will apply.
24. Complaints procedure
We make every effort to ensure that your Community Development Practice Exchange runs smoothly. Should you have a complaint while on your Community Development Practice Exchange, you should inform your relevant Travel Services Supplier immediately, who will endeavour to resolve the issue. If the matter cannot be resolved after the Travel Services Supplier’s best endeavours to do so, your complaint can be made in writing to us and we will take all reasonable steps to assist you in accordance with these Booking Conditions. We cannot be held responsible for issues that were not brought to our attention during the course of the Community Development Practice Exchange.
Notwithstanding this clause, you expressly agree that we are not required to resolve any dispute that relates to any Travel Services included in your Community Development Practice Exchange and that we have no liability to you in respect of any issues arising in respect of a Travel Service included in your Community Development Practice Exchange.
25. Exclusions and Limitations
This clause does not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would:
· contravene that statute or;
· cause any part of this clause to be void.
We, and our Local Partners, exclude all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute or cause any party of this clause to be void.
We and our Local Partners exclude liability for any loss or damage that may be caused by cancellation, abandonment, alteration, amendment, modification or termination of the Community Development Practice Exchange.
26. Release and Indemnity
You indemnify and hold us indemnified for loss, property damage, death, injury or other damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in the Community Development Practice Exchange (including but not limited to any loss, damage or injury caused be negligence, wilful act or default of us, our servants, agents and subcontractors or others whether or not such loss, damage or injury was foreseeable or contemplated by us).
For the purposes of these Booking Conditions, you acknowledge that we may contract for and on behalf of our Local Partners. Our Local Partners shall not be liable in respect of any loss, property damage, death, injury or other damage suffered by you as a result of or any way related to the Community Development Practice Exchange, nor for any consequential loss, damage or injury suffered by any third party.
You agree that we have a maximum liability to you, in relation to any loss, property damage, death, injury or other damage of any nature arising, directly or indirectly, from receiving and/or relying upon our Community Development Practice Exchange, which equals the amount actually paid by you in relation to the provision of the Community Development Practice Exchange.
If you suffer any such loss, property damage, death, injury or other damage and we are legally unable to obtain a release from liability as contemplated above for any reason, then we shall have liability for such loss or claim that is limited, at our option, to one or more of the following:
· the supply of the Community Development Practice Exchange, or relevant Travel Services, again by us or our nominee; or
· the payment of the cost of having the Community Development Practice Exchange, or relevant Travel Services, supplied again.
F. PRICING & CANCELLATION
All rates are in Australian dollars and are not inclusive of GST as Real Indonesia Pty Ltd is not yet registered for GST. Please note that a surcharge may be applied to all purchases made by credit card. Our Community Development Practice Exchange prices may vary at any time in accordance with demand, market conditions, currency fluctuations and availability. It is likely that different passengers on the same trip have been charged different prices. We advise you to book your Community Development Practice Exchange in advance to avoid the risk of price increases. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply.
28. Deposit requirements
To confirm your place on the Community Development Practice Exchange you are required to pay the full-amount upfront or a 50% deposit. If your booking is made within 45 days of the start date then the full amount is payable at the time of booking.
29. Final Payment
Final payment is due no later than 45 days prior to the start date of the Community Development Practice Exchange. This will be the second 50% and participants will be charged an additional $10 administration fee for this second payment. If this balance is not paid on or before the due date we reserve the right to treat your Booking as cancelled.
30. Cancellation by the traveller
Confirmation of all cancellations must be received in writing to email@example.com. The following cancellation charges will apply from the date the written cancellation is received:
· more than 21 days prior to departure (18 September 2018): loss of deposit (50% of total cost of practice exchange) and refund of remaining amount paid (if any), minus $10 administration fee;
· 21 days or less prior to departure (18 September 2018 or later): no refunds will be given.
*Although this is the standard refund policy, refunds will be considered on a case-by-case basis in extenuating circumstances. Individuals are requested to submit their cancelation request in writing to firstname.lastname@example.org for consideration.
31. Cancellation by us
In the unlikely event that the Community Development Practice Exchange fails to attract the minimum passenger numbers, the Community Development Practice Exchange may be cancelled at our discretion. We may cancel the planned Community Development Practice Exchange at any time prior to departure in extraordinary circumstances, this could occur due to Force Majeure, as outlined above. We may also cancel, at our discretion, the Community Development Practice Exchange for operational reasons. If we cancel the Community Development Practice Exchange you can:
· request and receive a full refund (minus a AUD$10 administration fee per participant)
In such extraordinary circumstances of the Community Development Practice Exchange being cancelled by us, this Booking agreement shall terminate and there shall be no claim for damages by either party against the other. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including, but not limited to, visas, vaccinations, travel insurance excess or non-refundable flights.
32. Refunds process
We will process all refunds within 14 days of receiving the written refund request. Refunds will be made back into the account through which the payment was received OR into a nominated bank account.
G. TRAVEL ESSENTIALS
33. Passports and visas
It is the responsibility of the traveller to have a valid passport (which is valid for at least six months from your last day of travel). We accept no responsibility for any failure in this respect.
A 30-day tourist visa is now free on arrival for most Nationalities entering Indonesia, including Australians, view the full list here.
34. Travel Insurance
We take risks regarding your health and expenses seriously. It is a condition of travel that each passenger is adequately covered by an appropriate travel insurance policy for the duration of travel. Please also check the contingencies of your prospective insurance cover and ensure you are aware of its conditions and omissions. We strongly advise travel insurance from time of booking to provide full cover. In many instances, if you have full travel insurance from time of booking you will be able to make a claim to cover deposit lost in the case of cancellations made by the traveller. You must provide proof of your travel insurance at least 45 days prior to the start date or earlier for your booking to be confirmed. If you do not provide proof of your travel insurance, we reserve the right to restrict you from joining the Community Development Practice Exchange with the loss of your deposit in accordance with the Refusal of Carriage provisions above.
35. Age requirements
Minimum Age: The Community Development Practice Exchange has a minimum age of 18 at the time of travel.
Maximum Age: Our Community Development Practice Exchanges have no upper age limit, though we remind you that our Community Development Practice Exchanges can be physically demanding and passengers must ensure that they are suitably fit to allow full participation.
36. Health requirements
All travellers are required to familiarise themselves with health information in relation to travelling in Indonesia. Advice is provided by us in Real Indonesia’s Travel Guide which will be provided, free of charge, to travellers who book a Community Development Practice Exchange which includes overnight accommodation (not include for one-day Community Development Practice Exchanges), however this is advice only and it is your responsibility to ensure that you obtain proper and detailed medical advice prior to travel.
We do not employ medical personnel. Any necessary medical attention will be provided by a local facility at the traveller’s expense. We are not responsible or liable for any losses or costs incurred as a result of medical services obtained while on a Community Development Practice Exchange, or for the quality of the care or services provided. Although our Local Partners may be able to assist, we advise all travellers to carry their own medication including basic first aid supplies. It is important to note that in Indonesia you may not have timely access to health professionals.