Indies Explorer Terms & Conditions.
The following terms and conditions shall apply if booking a packaged trip to and aboard the Indies Explorer:
1) Validity & Definitions.
Indies Explorer refers to the local company, P.T. Internusa Bahagia, and our boat the ‘Indies Explorer’ also “we”, “our”, “us” refers to the Company, its agents, representatives, servants and employees. Prices on our website are based on costs and exchange rates current at the time of publishing. The Client refers to you, your, yourself, and any party travelling with you. Commencement or Commencing shall be the start date of your planned arrival at the boat Indies Explorer. The Company reserves the right to alter prices at any time pursuant to the terms contained herein. For trips commencing between January 1, 2013 and December 31, 2013, the price of your surf package is guaranteed when you have paid in full. For trips commencing after December 31, 2013, prices and itinerary dates are indicative only and shall not be binding upon us. All published information is accurate to the best of our knowledge at time of publishing, but please note that changes to our trip itineraries can and do occur. The Company will make every effort to keep the client informed of any changes, but cannot be held liable for any alterations or omissions to the published itineraries. Please refer to our website for the most recent up to date information.
To secure a booking, the Company requires an email request or completed booking form together with a non-refundable deposit of 10% ( payable in USD ) of your group or individual booking payable within 7 days of booking. If deposits are not paid Indies Explorer reserves the right to re- sell the charter. If there are less than 60 days remaining until the trip is due to commence, the Company requires full payment of the trip within five days of making the booking. A booking is accepted and becomes definite upon the Company receiving payment in full. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to decline any booking at their discretion; and upon such the Company shall be liable to refund the deposit moneys. If a trip is cancelled by reason outside of the control of the company, eg., an act of natural disaster, an act of terrorism, or an act of fraud, or an act of a legal incapacity on the part of the Company to deliver on the part then the client accepts this risk and will seek no compensation for any moneys paid from the Company. The contract is between the Company and the Client, being the person named on the booking form. The contract, including all matters arising from it, is subject to Indonesian law and the exclusive jurisdiction of the Indonesian Courts. No employee, contractor or sub-contractor of the Company other than a director has the authority to vary or omit any of these terms or promise any discount or refund.
Payment of your holiday including all monies due, and any surcharges applicable at that time, must be paid to the Company not later than 6 weeks before commencement. The Company shall notify the Client by email and give 7 days for balance payment to be made, and upon failure of balance payment to be made within this period the Company reserves the right to treat the booking as cancelled by the Client, and the client shall forfeit the deposit moneys paid.
4) Cancellation and rescheduled bookings by the Client.
A cancellation results in loss of all monies paid by the client. If a booking is rescheduled with 120 days minimum notice to commencement by way of email, no fee shall apply. If a booking is rescheduled with 90 days minimum notice (but less than 120 days) to commencement by way of email, a re-scheduling fee equal to 25% of the paid deposit moneys shall apply. If a booking is rescheduled with 60 days minimum notice (but less than 90 days) to commencement by way of email, a re-scheduling fee of 50% of the paid deposit moneys shall apply. If a booking is rescheduled with 30 days minimum notice (but less than 60 days) to commencement by way of email, a re-scheduling fee of 75% of the paid deposit moneys shall apply. If a booking is rescheduled with less than 30 days minimum notice to commencement, a re-scheduling fee equal to 100% of the paid deposit shall apply. No refunds shall be payable if you fail to arrive at the transport link provided by the company at Padang International Airport on the day prior to commencement, or you voluntarily leave a trip for any reason after the trip has begun or you cannot fulfil your planned trip and/or activities due to injury, death or illness. No refunds will be payable for any accommodation, transport, sightseeing, meals or services not utilised.
5) Booking Amendments.
If you wish to change your booking in any way, you must contact us as soon as possible and we will accommodate your request to the best of our ability. Surcharges may apply.
6) Substitution of a Client.
If any member of the party is prevented from travelling because of any reason, the Company may accept (at its discretion) a transfer of the booking to another suitable person provided that written notice is given at least 30 days prior to the start date of the trip. No fees will be imposed by the Company for this change PROVIDED THAT the Company shall not be liable for any increases in costs relating to services not directly provided by the Company (eg., Air- travel re-ticketing, insurance, baggage surcharge, etc.).
Prices on our website that are not quoted in local currency are based on a recent currency conversion rate, and are not reflective of our costs. The Company reserves the right to change the trip costs to take account of the following items:
Fluctuations in currency exchange rates which adversely affect our costs, an increase in Government taxes on our goods or services we provide, including an increase in the cost of fuel. The Company will not be liable for any excess air-travel charges, airport charges and increases in scheduled air -fares (where applicable). The Company will not absorb any increase in booking price should a surcharge be necessary. The Client will have to pay necessary surcharges however if the total increase is more than 10% of the trip cost excluding the costs of insurance and amendment charges, the client may cancel the booking within 7 days notification of the surcharge, and in such circumstances, the Company shall be liable to pay the client a full refund of all moneys received.
The Client agrees to take out appropriate travel insurance whilst on a trip organised by the Company. The Client agrees that it is mandatory that this travel insurance covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of personal effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. Clients, together with their personal property including baggage, are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. When purchasing insurance, the client is responsible to ensure that there are no exclusion clauses limiting protection for the type of activities in their trip.
9) Passport, Visa and Vaccinations.
It is the responsibility of the Client to be in possession of a valid passport (minimum of 6 months remaining before expiry), visa permits, inoculations and preventative medicines as may be required for the duration of the trip. Information about these matters or related items is given in good faith but without responsibility on the part of the Company.
The Client acknowledges that participating in our trips requires a degree of flexibility, and understands that the itinerary of a trip, accommodation and modes of transport are subject to change without prior notice due to circumstances beyond the control of the Company. Should the Company deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing any trip. The client will be bound by these changes, and will not hold the Company liable for any loss of enjoyment that may result from such changes. While travelling with the Company, the client will be bound to accept the authority of the leader and/or local operator at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of group members. The Client submits to the authority of the Company to decline, accept, or retain any person as a member of the group at any time, if the Company believes it is acting in the interests of the group as a whole. The client acknowledges that the Company contracts with a network of companies, government agencies and individuals to assist in the running of its trips. To the best of the Company’s knowledge, these third parties are qualified to perform the duties they are contracted to perform. However, the Company will not be held liable for any injury including death, damage, loss, financial loss, delay or irregularity that may occur due to the behaviour of these third parties. The Company will not accept responsibility or liability for any client who contravenes any law or regulation of any country visited. No employee, contractor, sub-contractor, servant or agent of the Company has authority to vary these conditions. This agreement is governed by the laws of Indonesia.
The Company does its utmost to ensure you a rewarding and enjoyable travel experience with us. In the case where we offer coaching and guiding, we also endeavour to provide you with the best possible learning experience. We understand that expectations vary greatly from person to person, however, and we cannot guarantee to meet all the expectations of the various people who attend our trips. By agreeing to these terms and conditions you accept that the Company will not be held liable if our trips do not meet your particular expectations. This includes, but is not limited to, meeting your expectations regarding the quality or quantity of surf breaks, beaches or the quality or quantity of coaching and guiding, the quality or type of accommodation, the standard or type of transportation, the style of trip leadership and organization, and the extent of your improvement in surfing whilst on a trip with us.
Travelling with the Company may involve risks above and beyond those encountered on a more conventional holiday. The vacations we offer may involve dangerous activities including road travel, boat travel in ocean swells, trail biking, canoeing, surfing in large swells, all of which have inherent dangers that can result in serious injury including death. Our employment of surf guides can by way of experience and knowledge endeavour to reduce some of these risks but the risks remain inherent in the activities. You must be prepared to accept the risks associated with these activities if you attend our trips. Our vacations may also involve dangers due to the remoteness of the Mentawai Islands. We visit some geographical regions where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, and infrastructure may not be of the standard that you are used to or would find on a more conventional holiday. The safety of roads and standard of driving practices may also be lower in some of these regions relative to what you are accustomed to. Although we do our utmost to ensure that our drivers adhere to local driving laws and drive carefully and safely, we cannot guarantee your safety while driving with us and the Company will not be held liable for any loss resulting from road accidents that occur during your travels with us. By agreeing to these terms and conditions you accept the risks outlined in the above paragraphs and fully assume the risks of travelling with the Company. You agree to release the Company from any liabilities connected to these risks.
13) Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (hereafter the “Release Agreement”) By agreeing to this release agreement you will waive certain legal rights, including the right to sue. Please read carefully!
To: Indies Explorer (PT. Internusa Bahagia, the Company), and its directors, officers, employees, agents, representatives, servants, independent contractors, subcontractors, representatives, sponsors, successors and assigns (all of whom are hereafter collectively referred to as “the RELEASEES”). Assumption of Risk: I, the client am aware that surfing and any other activities offered by the Company involve the risk of injury including death. I am aware that there is a risk of negligence by the Company and/or the trip operator, including the failure by the Company and/or the trip operator to safeguard or protect me from or warn me of the risks, dangers and hazards of activities including road travel, surfing, boating, and water sports. I freely accept and fully assume all risks, dangers and hazards associated with participating in a charter upon the Indies Explorer and the possibility of loss, personal injury or death resulting therefrom.
In consideration of booking a charter upon the Indies Explorer I hereby agree as follows:
1) To waive any and all claims that I have or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability for any loss, damage, expense or injury including death, that I may suffer or that my next-of-kin may suffer as a result of a trip to and aboard the Indies Explorer due to any cause whatsoever, including negligence, breach of a duty of care, on the part of the RELEASEES, and further including the failure on the part of the RELEASEES to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in a trip to or aboard the ‘Indies Explorer’.
2) To hold harmless and indemnify the RELEASEES from any and all liability for any property damage or personal injury including death to any third party resulting from my participation in a trip to and aboard the ‘Indies Explorer’;
3) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Indonesia and no other jurisdiction;
and 5) Any litigation involving the parties to this Release Agreement shall be brought solely within Indonesia and shall be within the exclusive jurisdiction of the Courts of Indonesia.
In conclusion the client agrees to abide by any rules, conditions, advice supplied by INDIES EXPLORER owners and staff. If INDIES EXPLORER personel feel as though they are not being listened to, are in danger or any other relevant issues ie: extreme sickness INDIES EXPLORER reserves the right to eject any person or persons to a nearby island/port at their discression.