Macaronis Resort Terms & Conditions
By selecting “I agree to the terms and conditions” shown on the Macaronis Resort Booking/Payment Form, I hereby agree that:
a.) the person filling out the form is an authorized user of the credit card used for this transaction;
b.) upon choosing to make payment by credit card, your card will be securely processed by Commonwealth Bank of Australia (CBA) and charged to our partner company, Aussie Homes PTY.LTD, based in Australia (Merchant Fees Apply – See Point No.14);
c.) the terms and conditions that follow shall apply when booking a holiday package to Macaronis Resort:
1) Validity & Definitions. Macaronis Resort refers to the Indonesian company with trading name ‘P.T. Internusa Bahagia’, and “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 packaged trip. The Company reserves the right to alter prices at any time pursuant to the terms contained herein. For trips commencing after December 31, 2015, 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 (www.macaronisresort.com) for the most recent up to date prices and information.
2) Booking. To secure a booking more than 60 days before commencement, the Company requires a completed booking form together with a non-refundable payment per guest as follows:
a.) Trip duration of 4D/3N (4D/5N including ferry transfers), requires full payment to secure the booking.
b.) Trip duration of 5D/4N (5D/6N including ferry transfers), requires full payment to secure the booking.
c.) Trip duration of 8D/7N (8D/9N including ferry transfers), requires AUD 600 non-refundable deposit.
d.) Trip duration of 11D/10N (11D/12N including ferry transfers), requires AUD 900 non-refundable deposit.
e.) Trip duration of 12D/11N (12D/13N including ferry transfers), requires AUD 900 non-refundable deposit.
f.) Trip duration of 15D/14N (15D/16N including ferry transfers), requires AUD 1200 non-refundable deposit.
If there are less than 60 days remaining until Commencement, the Company requires full payment for the trip at the time of 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, the Company reserves the right to decline any booking at its discretion; and upon such the Company shall be liable to refund any deposited moneys. If a trip is cancelled for reasons outside control of the Company, for example; due to occurrence of natural disaster, act of terrorism, act of fraud, or an act of legal incapacity on part of the Company to deliver on their part, then the Company will endeavor to reschedule client bookings to such time that the Company can deliver on their part, and the client accepts this potential disruption to travel plans and shall not hold the Company liable in any way. In extreme circumstances where the Company may ultimately be unable to deliver the promised services, then the client also accepts this risk and shall not be entitled to seek compensation in such a situation occurring. 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 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 to any client.
3) Payment. Payment of your holiday including all monies due, and any surcharges applicable at that time, must be paid to the Company not later than 45 days before Commencement. The Company shall notify the Client by email 60 days before Commencement, giving 15 days for 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 by the Client, and the client shall forfeit any deposited moneys paid.
4) Cancellation and rescheduled bookings by the Client. All booking payments made by the client are non-refundable. If a booking is rescheduled with 90 days minimum notice to Commencement by way of email, no fee 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 equal to 25% of the paid deposit moneys shall apply. If a booking is rescheduled less than 60 days prior to commencement by way of email but more than 45 days before commencement, a re-scheduling fee of 50% of the paid moneys shall apply. Rescheduling is not possible less than 45 days prior to commencement. No refunds shall be payable if you fail to arrive at the transport link at the recommended time provided by the Company at Padang International Airport on the day of Commencement, or if you voluntarily leave a trip for any reason after the trip has begun or you cannot fulfill 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 Macaronis Resort to cover unforeseeable circumstances such as injury, family emergency, etc (See clause 8).
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 a group is prevented from traveling 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).
7) Resort 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 which may affect our ability to cover costs, or sudden increase in Government taxes on goods or services we provide, or sudden increase in fuel or other 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 notification of the surcharge, and in such circumstances, the Company shall be liable to pay the client a full refund of all moneys received.
8) Insurance. The Client agrees to take out appropriate travel insurance prior to and during a trip organized by the Company. The Client agrees that it is mandatory that their travel insurance covers adequate personal accident and medical evacuation. The Client is responsible for repatriation expenses, as well as cancellation, change fees (see Clause 4), 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 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 they are responsible for providing their travel insurance provider and identification number prior to visiting the resort. The Client agrees to bring a printed copy of their travel insurance certificate when visiting the resort, or mailing it to firstname.lastname@example.org prior to visiting with your name and trip dates in the email subject field.
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.
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 loss of enjoyment that may result from such changes. While traveling 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 behavior of these third parties. The Company will 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 endeavor 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.
12) Dangers. Traveling 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 endeavor 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 traveling 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: 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 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, Amphibian Seaplane flights, surfing, boating, and other adventure / water sports. 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:
13.1) 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 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;
13.2) 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 Macaronis Resort;
13.3) 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;
13. 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
13. 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.
14.) Credit Card Payment Merchant Fee: The Company and its nominated agents accept payment using Visa or Master Card only. Merchant Fees charged by banks are dependent on type and brand of card, also if the card is premium, foreign or local. The Company applies a 2.5% merchant fee for acceptance of booking payment using Visa or Master Card, for payments up to $1000. For booking payments over $1000, The Company applies a fixed $25 merchant fee. This serves to keep payment by Visa or Master Card not only the most convenient, but the best value trip payment option available. For merchant fees incurred over $25 on larger transactions, these fees are covered by The Company.