Terms & Conditions of Booking
Before making a booking payment you must read, understand, and agree to our terms and conditions of booking. If in doubt, or if you have any questions, please email [email protected] and we will be happy to clarify anything for you.
AMENDMENT DUE TO COVID-19: If your booking is scheduled to commence between July 10th, 2020, and June 30th, 2021, you are hereby provided additional flexibility to reschedule your booking up to 14 days before Commencement with no rescheduling fee or other penalties applicable if having a COVID-19 related complication affecting your ability to travel. Alternatively, see Clause 6 – Substitution of a Client.
1) Validity and Definitions. Macaronis Resort is owned and operated by the Indonesian Company with the trading name “PT. Internusa Bahagia”, and “we”, “our”, “us”, “the Company”, refers to the Company, its agents, representatives, servants, contractors, 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” is defined as being the start date of your packaged trip. We reserve the right to alter prices at any time pursuant to the terms and conditions contained herein. Prices and itinerary dates are indicative only and shall not be binding upon us until the Client has paid in full. All published information is accurate to the best of our knowledge at the time of publishing, but please be aware that changes to our trip itineraries can and do occur. We will make every effort to keep the Client informed of any changes, but we cannot be held liable for any alterations or omissions to published itineraries. Please refer to our website (www.macaronisresort.com) for the most up to date prices and information.
2) Booking. To secure a booking more than 60 days before Commencement, the Company requires a non-refundable deposit payment of 30% of the total packaged trip price. If there are less than 60 days remaining until Commencement, then we require full payment at the time of booking. A booking is accepted and becomes confirmed upon us receiving payment in full. It is at this point that a contract between us and the Client comes into existence. Before your booking is confirmed, we reserve the right to decline any booking at our discretion, and upon doing so the Company shall be liable to refund any deposited money. The contract is between the Company and the Client, being the person named on the booking confirmation notification. The contract, including all matters arising from it, is subject to Indonesian law and the 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 and conditions or promise any discount or refund to any Client.
3) Payment. Payment for your holiday including all money due must be paid to the Company not later than 45 days before Commencement. We will notify you by email 60 days before Commencement, giving 15 days for the balance payment to be made. Upon failure of balance payment to be made within this period the Company reserves the right to treat the booking as cancelled and the Client shall be deemed to have forfeited any deposited money paid.
4) Cancellation. All booking payments made to the Company are non-refundable. If a trip is cancelled for reasons outside of the control of the Company, for example, due to the occurrence of a natural disaster, an act of terrorism, civil unrest, an act of fraud, or any other act or occurrence causing legal incapacity of the Company to deliver on its part, then the Company will endeavour to reschedule your booking to such time that the Company can deliver, and the Client accepts this potential disruption and shall not hold the Company liable in any way. In extreme circumstances where the Company may ultimately be unable to deliver its services, then the Client accepts this risk and shall not be entitled to seek compensation in such a situation occurring. No refunds shall be payable if you fail to arrive at the transport link at the agreed time and date provided, or if you voluntarily leave a trip for any reason after the trip has begun or if you cannot fulfil your planned trip and/or activities due to injury or illness. No refunds will be payable for any accommodation, transport, activity, meals or services not utilized. Travel insurance is compulsory for all visitors to cover unforeseeable circumstances such as injury, illness, family emergency, flight cancellations, etc (see Clause 8).
5) Rescheduling. If you wish to reschedule you must contact us as soon as possible. A request to reschedule your booking must be made in writing with at least 90 days minimum notice before Commencement by way of email, and no rescheduling fee shall apply. If a request is made to reschedule with less than 90 days before Commencement, but with a minimum 60 days’ notice by way of email, a rescheduling fee equal to 25% of the paid deposit shall apply. If a request is made to reschedule with less than 60 days before Commencement, but with a minimum 45 days’ notice by way of email, a rescheduling fee equal of 50% of the paid deposit shall apply. Rescheduling is not possible less than 45 days before Commencement.
6) Substitution of a Client. If any member of a group is prevented from travelling for any reason, the Company may at its discretion, approve a transfer of the booking to another suitable person provided that written notice is given at least 7 days before Commencement. No fees will be imposed for this change and the Company shall not be liable for any increase in costs relating to services not directly provided by the Company.
7) Surcharges. Prices on our website that are not quoted in local currency are based on recent currency conversion rates and are not reflective of our true operational costs which are in Indonesian Rupiah. The Company reserves the right to add a surcharge where appropriate to take into account extreme fluctuations in currency exchange rates, a sudden increase in government taxes on the goods or services we provide, or a sudden increase in fuel, or other operational costs. However, if the total cost increase is more than 10% of the total packaged trip cost, the client may opt to cancel the booking within 7 days of notification of the surcharge, and the Company shall be liable to pay the client a full refund of all money paid.
8) Travel Insurance. The Client agrees to take out appropriate travel insurance applicable prior to and during a trip organized by the Company. The Client agrees that it is mandatory that their travel insurance policy covers adequate personal accident and medical evacuation. The Client is responsible for repatriation expenses, as well as cancellation, change fees (see Clause 5), 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. The Client, together with their personal property including baggage, are at all times solely at their own risk. Clients are wholly responsible for arranging their own travel insurance. When purchasing insurance; the client is responsible to ensure that there are no exclusion clauses that may limit protection for the type of activities undertaken during their trip. The Client agrees to provide us their travel insurance provider and policy identification number before visiting and the Client agrees to bring a printed copy of their travel insurance certificate with them while visiting.
9) Passport, Visa, and Vaccinations. It is the responsibility of the Client to be in possession of a valid passport with a minimum of 6 months’ validity, 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.
10) Responsibility. The Client acknowledges that participating in our trips requires a degree of flexibility due to the remote location, 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 perceived 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 Company at all times. You are aware that travel within a group may involve compromise to accommodate the diverse desires and physical abilities of other 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 best 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 does not accept responsibility or liability for any client who contravenes any law or regulation. 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.
11) Expectations. 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 experience. We understand that expectations vary 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 expectations. This includes, but is not limited to, meeting your expectations regarding the quality or quantity of waves, 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.
12) Dangers. 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 open ocean swells, trail biking, canoeing, surfing in large swells, all of which have inherent risks and dangers that can result in serious injury or death. Our employment of hosts and 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 our resort location. 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 the 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 may occur during your travels with us. By agreeing to these terms and conditions you accept the risks outlined in these terms and conditions 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 Risk, and Indemnity Agreement (hereinafter referred to as the “Release Agreement”).
By agreeing to this Release Agreement you will waive certain legal rights, including the right to sue. Please read carefully!
To: Macaronis Resort (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 hereinafter 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, sea travel, surfing, boating, and other adventure/water sports activities. I freely accept and fully assume all risks, dangers, and potential hazards associated with participating in a trip to Macaronis Resort and the possibility of loss, personal injury, or death resulting there-from. In consideration of booking a trip to Macaronis Resort, I hereby agree as follows:
a.) 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 Macaronis Resort, 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 Macaronis Resort;
b.) 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 Macaronis Resort;
c.) 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;
d.) 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
e.) 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.