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Terms & Conditions
General Matters Relating to Package Tours
The details of your package tour will be set out in the applicable tour itinerary (the “itinerary”). Upon us issuing the itinerary to you, the itinerary shall be deemed to form part of these Terms and Conditions, except where otherwise specifically stated in the itinerary. If there is any inconsistency between the terms of the itinerary and these Terms and Conditions, the terms of these Terms and Conditions shall prevail.
Any fees and/or expenses which are not expressly referred to in any or all of the following documents shall not be included in the price of the package tour, and such fees and/or shall be chargeable to and fully payable by you directly :
The itinerary
These Terms and Conditions
Invoice
Without prejudice to the Clause 1.2, the price of the package tour set out in the invoice shall not include the following, all of which shall be, if applicable, chargeable to and fully payable by you directly:
Airport taxes, airport security taxes, airline insurance surcharges, fuel taxes, visa fees, costs of travel insurance, customs user fees, and other service or miscellaneous fees which may be chargeable by the airlines and airport authorities
Fees for laundry services, excess baggage charges, beverages, room service, and other miscellaneous fees which may be chargeable by hoteliers
Gratuities to drivers, tour leaders and/or local guides, and tips to hotel porters
Taxes, duties, or levies imposed by any governmental or regulatory authority, and/or
Your personal expenses
Making your reservation and payment of deposit
A reservation for a package tour or any other reservation shall be treated as confirmed only when:
You have paid the applicable deposit
Submit the accurate and complete details of the passport of all persons in your travel group
Deposit shall be
Package Tour / Other Booking
Minimum deposit
Indonesia
30% of total full price
All other destinations
50% of total full price
Flight Ticket
100% full payment upon confirmation
We reserve the right to, in our sole and absolute discretion, change the chargeable deposit. We may also, in our sole and absolute discretion, charge a different deposit from customer to customer and/or from package tour to package tour.
If you do not submit the documents contemplated to be submitted to us under Clause 2.1 (b) within 3 days of payment of the deposit, we have the right to deem you as having withdrawn you reservation. In these circumstances, your reservation will be cancelled and any deposit paid to us will be forfeited and not be refunded to you.
Confirmation of reservation and full payment
After we confirm your booking, you must make full balance payment for your package tour or other booking 30 days before the scheduled departure/arrival date of the tour. Such full payment shall mean payment of all the following:
The price of the package tour or other booking notified to you less the deposit received by us from you
Where applicable, any other payment that we have notified you as being payable to us
You shall be responsible for ensuring that any payment made to us, is received by us on or before the payment deadline. If payment is made to us by cheque, we will consider such payment received only when the funds intended to be paid under that cheque reaches our account
If payment is not received by us from you by the deadline, your reservation shall be deemed to have been cancelled by you and you shall be deemed to have served Your Cancellation Notice on the date after the day on which the deadline lapse.
Cancellation by the customer
Except where specified to the contrary in these Terms and Conditions and any other document these Terms and Conditions incorporate, you may cancel your reservation at any time before the scheduled departure/arrival date by serving on us a notice in writing. For every cancellation by you, you must pay the cancellation fee
Number of days between our receipt of your
cancellation notice and the scheduled
departure/arrival date
Cancellation fee per traveller within your
travel group
35 days and above
100% of deposit
15 – 34 days
100% of deposit
8 – 14 days
The higher of
50% of the full price of the package or
100% of deposit
4 – 7 days
100% of the full price of the package tour or other booking
3 days and below
100% of the full price of the package tour or other booking
The cancellation fee shall also include any non-refundable airport taxes, surcharges or any other fees imposed by relevant airlines and/or other Third Party service provided and payable by us in connection with your reservation for package tours and other bookings and/or your cancellation notice.
Upon our receipt of your cancellation notice, we shall endeavour to inform you of the cancellation fee payable as soon as possible. Upon such notification to you, we shall immediately apply the deposit towards the payment of the cancellation fee, and any outstanding portion of the cancellation fee that cannot be covered by the application of the deposit shall be paid by you within 3 days of such notification.
Should we obtain a refund of airport taxes, surcharges, or any other fees imposed by the airlines and/or other third party service providers which were payable by us in connection with your reservation for a package tour or other booking before our notification to you of the cancellation fee such as airport taxes, surcharges, and fees shall not be included in the cancellation fee to the extent that they were refunded to us.
We shall have the sole and absolute discretion to charge an administrative fee of IDR.600.000 for any cancellation of your reservation, and in the event we do so, such administrative fee shall be added to the cancellation fee.
A change of departure date, traveller’s name (other than correction of typographical errors) and/or type of package tour or other booking shall be deemed a cancellation, and you shall be deemed to have served your cancellation notice on the date on which such request for the change is made.
Cancellation by the company
Subject to Clause 5.4, a cancellation event is deemed to have taken place if we have determined, in our sole and absolute discretion, that any of the following has or have occurred:
The package tour or other booking cannot be fulfilled due to any reason(s) beyond our control, including but not limited to a mechanical breakdown, and act of God, earthquake, fire, tsunami or other natural disasters, weather conditions, war, civil unrest or terrorist attacks, government or legislative actions, strike and labour unrest, diseases or pandemics, compulsory quarantines, travel restrictions imposed by the government or the governments of countries you are visiting under the package tour, or any event which would render the provision of the package tour by us to you impossible or radically different from as contemplated by us at the point of issuance of the itinerary to you
Without prejudice to the generality of Clause 5.1 (a), third party service provider, for reasons unknown or not reasonably foreseeable to us, have done or omitted to do anything which would cause our providing of the package tour to be impossible or radically different from as contemplated by us at the point of issuance of the itinerary to you
It is not reasonably foreseeable that the minimum group size will be fulfilled by the scheduled departure date
Upon occurrence of a cancellation event and subject to Clause 5.4, we shall endeavour to notify you as soon as possible that your reservation for the package tour (the original package tour) has to be cancelled, and we shall offer one or more of the following options to you
We may offer an alternative package tour which is, in our sole and absolute discretion, comparable in value, and if you accept such offer, any difference in value between the original package tour and the alternative package tour shall be topped up by you or refunded by us
We may offer that payments received from you in respect of the original package tour are to be retained as credit notes, which you may use to purchase services, including but not limited to package tours from us at a later date and subject to availability.
For the avoidance of doubt, we shall retain the sole and absolute discretion to decide on which of the options set out in Clause 5.2 (a) or 5.2 (b) are to be offered to you, and our decision shall be final. Further, if your reservation has to be cancelled pursuant to Clause 5.1 and 5.2, you shall not be entitled to request for any other recourse or relief from us except for those set out in Clause 5.2 (a) or 5.2 (b) Nothing in Clause 5 shall apply in ant and all of the following situations:
If, at any time, you or any member of your travel group are or is placed on compulsory quarantine by any government or regulatory authority
If, at any time, you or any member of your travel group are or is deported or refused entry by the immigration authorities of any country, including Indonesia, for any reason, and/or
If, at any time, you or your member of your travel group are or is refused entry onto any flight contemplated to be boarded during the package tour
For the avoidance of doubt, if any of the events referred to in Clause 5.4 occur, we shall not be obliged to offer you any of the options set out in Clause 5.2. You are therefore strongly encouraged to maintain the travel insurance.
Enforced amendment to or cancellation of package tour due to pandemics
Notwithstanding anything in these Terms and Conditions but subject to Clause 6.2, you shall be fully liable and responsible for all losses, costs, damages, expenses (including due to any delay), inconvenience, personal injury, or additional payments you and/or any member of your travel group sustains as a result of any and all of the following:
The prevailing travel restrictions imposed by the Indonesian government or the governments of countries you are visiting under the package tour or other bookings from time to time
You and/or any member of your travel group’s contracting of a communicable disease which, as a result of or in connection with the travel restrictions referred to in Clause 6.1 (a), would prevent you and/or such member of your travel group from partaking in any component of the package tour in any way, including but not limited to flights between countries (including Indonesia).
Clause 6.1 shall not apply if the losses, costs, damages, expenses (including due to any delay), inconvenience, personal injury, inconvenience, or additional payments referred to in the said Clause are deemed, in our sole and absolute discretion, to have been caused by our gross negligence.
Refund Policy
Except where otherwise expressly stated in these Terms and Conditions or where agreed between you and us in writing, no refund, discount or replacement shall be given by us.
We will not issue any refund, discount or replacement with respect to any arrangements for accommodation, meals, sightseeing tours or other services which are included in the package tour but not utilised by you of your volition or where you amend, cancel or otherwise vary such arrangement, whether before or after the commencement of the package tour.
This Clause applies whenever refunds are payable to you under these Terms and Conditions. For payments originally made by you in cash, bank transfer or cheque, refunds will be made by way of bank transfer and will generally be processed within 2 to 4 weeks from the date of cancellation. For payments originally made by you through credit card, refunds will be made via the respective credit card company and will generally be processed within 4 to 6 weeks from the date of cancellation. For payments originally made by you via travel gift voucher, refunds will be made via a credit note to be issued by us and will generally be processed within 4 to 6 weeks from the date of cancellation.
Travel documents and travel insurance
You and each member of your travel group shall be responsible for ensuring that all passports (or other travel document, as the case may be) of persons within your travel group is valid for at least 6 months from the expected date of departure from the last point of departure in the itinerary and that each of such persons has all necessary visas, permits, passes, licence, vaccinations, health certificates and/or other documents or approvals as may be required by the applicable government authorities of the destination countries to be visited during the package tour.
Without limiting the effect of Clause 8.1 in ay way, we may, from time to time and subject to our sole and absolute discretion, assist a traveller to submit a visa application for a fee, but this shall not be considered as our obligation to do so, or as a guarantee of the outcome or approval of any such application.
You and each member of your travel group shall also be solely responsible for ensuring that his or her name as provided to the Company and reflected in the invoice tallies with the name in his or her passport or travel document. If any amendment to such name is required, all applicable fees charged and/or incurred by us shall be borne by you.
In the event that a reservation for a package tour has to be cancelled due to or in connection with your failure to fulfil the requirements set out in Clause 8.1, you shall be deemed to have served your cancellation notice on us on the scheduled departure date.
All travellers are strongly encouraged to obtain a comprehensive travel insurance to protect against unforeseen circumstances, such as baggage loss, flight delays, travel agent insolvency, medical emergencies, or change in government or legislative policies or regulations, such as compulsory quarantines due to or in connection with diseases or pandemics. For avoidance of doubt, we shall not be responsible for any such matters.
Indemnity
We shall not be liable for any losses, costs, damages, expenses (including due to any delay), inconvenience, additional payments, or personal injury or death of any person, arising from any of the following, whether direct or indirect, and whether reasonably foreseeable by us or not:
Losses not arising from our gross negligence
Losses not arising from a breach of these Terms and Conditions
Losses arising from or in connection with a breach of these Terms and Conditions by you or any member of your travel group, including but not limited to the failure to perform any of your or their obligations hereunder
Without prejudice to the generality of Clause 9.1 (a) & 9.1 (b), losses arising from or in connection with actions or omissions of third parties (including but not limited to third party service providers)
Losses arising from or in connection with reason(s) beyond our control, including but not limited to a mechanical breakdown, an act of God, earthquake, fire, tsunami or other natural disaster, weather conditions, war, civil unrest or terrorist attacks, government or legislative policies or regulations, strikes and labour unrest, diseases or pandemics, compulsory quarantines, travel restrictions imposed by the Indonesia government or the governments of countries you are visiting under the package tour, or any event which would render the provision of the package tour by us to you impossible or radically different from as contemplated by us at the point of issuance of the itinerary to you
Without limiting the effect of Clause 9.1 (d) in any way, losses arising as a result of you or any member of your travel group being placed on compulsory quarantine by any government or regulatory authority, or you or any member of your travel group being deported or refused entry by the government or immigration authorities of any country for any reason
Losses sustained by you or any member of your travel group as a result of the prevailing travel restrictions imposed by the Indonesia government or the government of countries you are visiting under the package tour from time to time, or you and/or any member of your travel group’s contracting of a communicable disease which, as a result of or in connection with the said travel restrictions, would prevent you and/or such member of your travel group from partaking in any component of the package tour in any way, including but not limited to flights between countries (including Indonesia)
Losses arising from or in connection with a failure by you to follow reasonable instructions, including but not limited to noting and complying with specified check-in and check-out and/or meeting places and times.
For avoidance of doubt, the effect of Clause 9.1 includes but is not limited to us not being obliged in any way to offer you any of the options set out in Clause 5.2 in the event that such losses are suffered by you.
You and all member of your travel group agree and undertake to indemnify and hold harmless the Company, our directors, employees, agents, contractors and servants in respect of all damages, claims, losses, charges and/or expenses, including legal costs, expenses and disbursements incurred (on a full indemnity basis) arising from and/or connected with the lessons, regardless of whether such liabilities are sustained, incurred or suffered by us during the provision of the package tour to you and your travel group or otherwise
You agree to pay to us, on a full indemnity basis, all costs and expenses, including but not limited to all legal cost on a solicitor-and-client basis, incurred by us in relation to or in connection with the following:
Any breach of these terms and conditions by you and/or any member of your travel group and
Without prejudice to the generality of Clause 9.4 (a), any enforcement of our rights under these terms and conditions
Miscellaneous
We welcome feedback from our customers. Should you have any feedback or complaint concerning any package tour, you may inform our representative during the course of the package tour, and if matter cannot be resolved after our representative’s endeavours during the package tour, your complaint may be submitted in writing to us at hello@imescapeholiday.com
We shall have the right to, in our sole and absolute discretion and from time to time, change, amend, insert or delete any of these terms and conditions. You shall be fully responsible for checking our website to update yourself on the latest editions of these terms and conditions.
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