Bali Tours and More Ltd

Terms and Conditions
Last Updated April 3rd 2018

This site, www.balitoursandmore.com, (hereinafter the “Website”) is operated by Bali Tours and More Limited (hereinafter “Bali Tours and More”, “we”, “us”, and “our”). We hereby provide our users (hereinafter “Users”, “user”, “You”, “you” and “your” includes any person who accesses this Website or uses the Services) a platform used for booking tours, tickets and other tourist activities and services in and around Bali.

Please read these Terms and Conditions of Use (hereinafter the “Terms”) carefully before using the Website, as the Terms form a legally binding agreement between you and us (hereinafter the “Agreement”), in relation to your use of the Website and the Services.

Agreement
By using the Website, you agree to be bound by this Agreement. If you do not agree to the Terms, please do not use the Website. Further, by using the Website, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. If you are not of legal age to enter into this Agreement and have not obtained parental or guardian consent to enter into this Agreement, then you may not use the Website.

Any purchase or booking made through the Website shall be subject to the Terms, and shall imply an acceptance of the Terms.

We reserve the right to change this Agreement, in whole or in part, in writing from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation, by posting the revised Terms on the Website. You can determine when the Terms were last revised by referring to the “last updated” legend at the top of the Terms. Your continued use of the Website following the posting of changes to the Terms will mean that you accept those changes. If you do not agree to such changes, you should not use the Website. We further reserve the right to, at any time, modify or discontinue any part of the Website at our sole discretion, as well as to impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.

In addition, when using the Services you acknowledge that you shall be subject to any additional terms applicable to the Services that may be posted on the page from time to time, including but not limited to our privacy policy, and our Assumption of Risk Agreement and Release of Liability. All such terms are hereby expressly incorporated by reference into these Terms.

Content
“Content” includes text, such as useful information, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to the Website.

The Website shall provide information about the tours etc. that you may book through the website. Whilst Bali Tours and More aims to provide accurate information, we shall not be held liable for any incomplete or inaccurate information regarding destinations, tours, activities tickets etc.

You access and use the Website at your own risk. We do not give any representation, warranty or undertaking that the Content shall be at all times accurate, as it may change from time to time, and it may take some time for us to update it. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bali Tours and More with respect to any such Content. Therefore, under no circumstances shall Bali Tours and More be responsible for any loss, direct or indirect damage, or costs and/or expenses, which you may suffer or incur arising from our Content, or our use of the Content uploaded by you, as set forth in these Terms.

All Content is either owned by or licensed to Bali Tours and More, and is subject to copyright, trade mark rights, and other intellectual property rights of Bali Tours and More or Bali Tours and More’s licensors. The Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Bali Tours and More or, where applicable, Bali Tours and More’s licensors.

Browsing Bali Tours and More
We offer Users two possibilities in which to browse our Website: Creating an account, or without doing so. By creating an account, the User shall be able to enjoy the full scope of our Services. Without the account, Users shall only have access to publicly available Content.

While browsing the Website, you may find hyperlinks to other websites that are not owned or controlled by Bali Tours and More. Said links do not constitute an endorsement or recommendation by us of such websites, their products, services, contents, advertising or any materials therein available. We have no control over these third party websites, and therefore assume no responsibility for their contents, terms of use or privacy policies. We strongly encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policies of any other website that you visit.

User Account
The creation of an account is necessary to access some of the features of our Website, such as, but not limited to: develop a profile, write reviews.

You agree to use the Website for lawful purposes only, and in a way that does not infringe the rights of, restrict or inhibit third parties rights, whether other Users or non-Users whatsoever. Therefore, you agree not to impersonate someone else, hold multiple accounts or create an account for anyone other than yourself without appropriate authorisation, provide an email address other than your own, or create multiple accounts.

You agree that you will be solely responsible (to Bali Tours and More, and to others) for all activity that occurs under your account.

When creating your account, you must provide accurate and complete information. It is important that you keep your account password secure and confidential. You agree to notify us immediately of any unauthorized use of your account.

Use Restrictions
You hereby represent, warrant and agree that you will not, nor enable or assist others to:
1. use the Website to make any fraudulent, false or speculative requests,
2. harass, stalk or advocate the harassment of another person on the Website;
3. use the Website to threaten, defraud or promote and incite illegal activities;
4. use the Website to promote bigotry or discrimination;
5. use the Website to violate any third-party rights whatsoever;
6. promote or broadcast pornography or illegal content on the Website;
7. attempt to gain unauthorized access to the Website, or accounts of other Users;
8. use or launch any automated system (including, without limitation, any robot, spider or offline reader) unless expressly authorized by Bali Tours and More;
9. transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature
10. attempt to or interfere with the proper working of the Website;
11. disrupt or interfere with the security of, or otherwise cause harm to, the Website or its Content;

Booking Tours
Users that have created an account shall be able to book the Tours advertised in the Website.
Tours are offered on two methods:
1. Instant Confirmation: The Tour is booked immediately upon payment, and confirmation of purchase is confirmation of tour.
2. 24-hour Confirmation: The Tour booking is subject to availability, which shall be confirmed within 24 hours as from User’s purchase confirmation. We shall hold the credit card information while we confirm Tour availability for the requested dates. The User shall be charged only upon confirmation of availability of the Tour for the requested dates. Following confirmation the User shall be charged with the booking and shall receive an email with confirmation of his booking and his Booking Vouchers.

Bali Tours and More are unable to accept ‘next day’ bookings for enquiries received after 4pm.
We are expressly not responsible or liable for any information relating to the Tour that is not directly provided on the Website.

Prices listed on the Website are per person, unless otherwise specified. Price quotations are subject to change without notice until a booking has been confirmed.

Prices do not include gratuities to Tour Operators, drivers or other personnel of the tour provider; passport and visa fees; baggage and personal insurance; or any other not listed under “Price Includes” in the Tour description.
When a booking is performed for more than one person, the booking shall be considered as performed on behalf of the persons named in the booking, and shall imply authorisation on their behalf to do so.

By booking a Tour you acknowledge, agree and accept to be bound by any additional terms as detailed in the Tour’s description at the moment of performing the booking. These additional terms may make Tours dependant on weather conditions, and may postpone the commencement of the Tour until the additional conditions are fulfilled (e.g. Surfing classes for beginners may not be conducted on days of big/dangerous waves; rains may render a Tour or activity impossible; so they would be postponed to be performed as soon as possible).

Following a booking confirmation, the User shall receive a Bali Tours and More Booking eVoucher (hereinafter “Voucher”) for the booked Tour, containing details about the Booking Fee paid and balance (if any) to be paid to Tour Provider. The Voucher shall be sent to the email address as set out in the User’s account/ user booking information. The Voucher shall also contain the code evidencing the booking (“Reservation Code”).

The Voucher must be presented to the Tour Operator with a copy of a valid ID, at the time and place agreed to with the Tour Operator. Should you fail to be at the time and place agreed to with the required documents, no refunds will be granted as set forth in the No-Show conditions detailed herein above.

This voucher is not only useful for us to avoid potential problems, but acts as evidence of your booking, detailing time and price of the booking amongst others.

Please note that the Voucher shall not be issued until payment has been processed.

The Tour Operator may refuse to render the services pursuant to the booked Tour, if the User or one of the members of the group is not legally able to perform the Tour activities, as per the Tour description. Under this situation, no refunds will be granted. Should the Tour description not have included any such requirement, the User shall be entitled to a reimbursement of the booking fees, and a further compensation that shall be provided by Bali Tours and More, at its sole discretion.

In case of a problem or query with the Voucher or its use, please contact us by email on [email protected] for assistance.

It is the guests’ responsibility to make Bali Tours and More and the operators aware of any special requirements, including but not limited to special dietary requirements or physical disabilities. There may be restrictions on participation such has height, weight or other physical limitations as determined by the Providers for the reasons of safety.

Payment
We provide Customers a choice between the two following methods:
(a) The Company shall charge 100% of the Tour to the User upon booking. This sum shall be displayed before check-out. User shall not need to pay any additional sums of money for the booked Tour.
(b) The Company shall charge 25% of the Tour to the User upon booking. This sum shall be displayed before check-out.

The remaining 75% shall be paid directly by the User to the Tour Operator as condition precedent for the commencement of the Tour.

Some tours are only available with 100% payment in advance. Cancellation policies vary depending upon the Provider and are available on request.

No tour shall be undertaken by the User until complete payment has been made.

The payment method chosen by the Tour Operator shall be detailed in the Tour Description and Reservation Voucher, and the User shall be bound by the terms of payment each Tour Operator has chosen.

We accept the following methods of payment: Visa, Master Card and PayPal, via our Stripe Payment Gateway on the website, or cash payments on the day.

If you are paying the 75% balance on the day of the tour, the Tour Operator will ask to receive the balance due in local currency. In this case the exchange rate of the day of the Tour shall be applicable, as set by the Tour operator.

As may be detailed in the Tour description, there may be additional expenses that the User may choose to pay. These may include, for example the costs of food and beverages not included in the tour. The Tour Operator may not charge you over and above the advertised rate on the website. Should any such circumstance arise, immediate communication should be sought with Bali Tours and More.

When a booking is performed for more than one person, payment shall be considered as performed on behalf of the persons named in the booking, and shall imply authorisation on their behalf to do so. The User performing the booking on behalf of another User or a third party, shall be liable for the no-show (as defined below) of any of the members of the group.

Modifications & Cancellations
Any request for modification, cancellation, no-show or refund shall be channelled through the “your bookings” section of the Website, or by emailing [email protected]

The possibility of performing a change to your booking shall depend on the availability of the Tour Operator for the requested dates. Bali Tours and More does not guarantee the success of change requests. We are, however, committed to perform our best endeavors to enable modification requests.

Some tours/tickets etc. may be eligible for a cancellation without charge. This will be dependent on the tour originally booked and the reasons for cancellation. For tours/ tickets etc. where there is no cancellation fee by the Provider, there may be an administration fee charged by Bali Tours and More.

Where this policy is not applicable, a cancellation or a modification may render applicable fees. If so, the new requested schedule and costs shall be communicated via your account with Us and/or to the email address provided to us.

Not all tours and activities booked may be modified. Tickets for special events such as parties or activities to be performed on a particular time and place may not be changed or refunded, making the purchase final upon payment.
Tour Operators may perform changes to tour dates, prices, inclusions, coverage, age requirements, etc. We, therefore, reserve the right to change or substitute the tour requirements, or cancel the Tour booked through our Website, at any time and for any reason, before a booking is performed. Once a booking is performed, the Tour Operator may still perform changes to tour dates, age requirements, or other items not affecting the price of the booked Tour. If this were to occur, we shall make every reasonable effort to amend or re-issue the booking to the Users’ satisfaction. If the possibilities offered were not satisfactory, the Users shall be entitled to a full refund of the sums paid. This payment shall be final and shall be considered as a payment settling any further possibility of a claim for direct or indirect damages.

These terms are applicable to single, or group bookings alike.

For any questions relating to exchange rates and conversion fees, we suggest you contact your bank or card company.

Refunds & No-show
1. Tours, Activities, Attractions (with duration of one day or less and not identified with the Cost-free Cancellation Badge), not including accommodation
(i) We shall not charge any fee or penalty to perform changes or cancel an existing booking subject to receiving the change/cancellation request at least ten (10) days prior to the booking date, unless the Terms and Conditions for the particular tour/ ticket etc. booked state this is not possible, in which case the Terms and Conditions for the particular tour/ ticket etc. booked shall supersede these Terms and Conditions. Bali Tours and More shall refund 100% (hundred per cent) of the amounts paid. Transaction costs arising from reimbursements shall be the User’s expense, and Bali Tours and More holds no liability with regard to this. Failure to comply with this advance notice request may result in additional fees to be charged to the User seeking a change in the dates, as described herein below.
(ii) If a Tour Operator cancels or modifies the booking made by the User in any way not acceptable to the User, we shall reimburse the User with 100% (hundred per cent) of the amounts paid. Refunds shall be performed subject to payments effectively made by the Users, as per the three Payment options detailed hereinabove. Transaction costs arising from reimbursements shall be the User’s expense, and Bali Tours and More holds no liability with regard to this. This provision is made with recognition that some alteration to some tours shall be necessary due to conditions and availability etc. Where possible, the User shall be informed before hand either by Bali Tours and More or the Tour Operator of any changes to the Tour etc. booked. Such alterations, necessary for the operation of the tour shall not be considered to be reasons for a refund.
(iii) In case of a no-show by the Tour Operator, it is the User’s responsibility to contact Bali Tours and More within 48 hours of the scheduled start time of the tour etc. booked to request a refund of fees paid. Bali Tours and More shall investigate the case and if the claim is considered to be valid, we shall process the refund pursuant to these Terms and Conditions. Refunds shall be performed subject to payments effectively made by the Users, as per the two payment options detailed hereinabove. Refunds shall be made via the payment method used by the User
(iv) In the case of a no-show by the User, the User shall not be entitled to a refund on any monies paid. They shall also forfeit any right to apply to change the dates of their booking.
(v) In the case of changes and cancellations under ten days from the original date for which the tour etc. is booked, each case will be dealt with individually, based on the Terms and Conditions for the particular tour etc. booked. Bali Tours and More makes no guarantee of a refund. Any financial costs for transactions etc. shall be borne by the User.

(vi) Refunds via Stripe payment portal will incur a 5% fee

Accuracy of Pricing
Bali Tours and More commits to provide accurate pricing on the website at all times. However, prices are liable to change at any time, and Bali Tours and More shall not be held liable for any difference in price between that advertised on the website and that charged by the Tour operator.

Should there be a difference in pricing between that displayed on the website and that charged by the Tour Operator, the User shall be liable for paying the difference. Should the user no longer wish to partake in the tour, a refund may be offered as per these terms and conditions, where the financial burden for the costs of any financial transactions lies with the user. Bali Tours and More also reserves the right to cancel bookings for if the pricing is inaccurate on the website.

Quality of External Providers
Bali Tours and More operates as a booking agent only. As such we make no guarantee regarding the quality of provision by external providers.

Concerns regarding the tour/ activity etc. should be brought up with the relevant provider at the time of the activity, and a resolution sought directly with the provider

You should inform BTAM by email as soon as possible, including full details of your complaint, and the resolution that was offered.

Bali Tours and More, may, under exceptional circumstances act as ‘go between’ between client and provider to facilitate a resolution to complaints.

Bali Tours and More will not enter into discussion about complaints that were not raised with the tour provider at the time. We do however welcome your feedback regarding tours. Please send any comments to [email protected]

Bali Tours and More holds no financial liability for complaints regarding services provided by external providers.

Requirements and suggestions prior to travelling
Bali Tours and More strongly suggests that Users verify prior to departure, their Visas and entry requirements in the embassy/consulate of the country to which they shall be travelling. We may provide this information in our Website, or associated websites but carry no liability regarding the accuracy of this information as Travel Advice and Warnings issued by governments may vary quickly and from county to country.

We further recommend that Users purchase travel insurance before travelling to cover any contingency that may occur while travelling. Is it strongly recommend that your insurance covers you for the particular activity which you will be undertaking.

Disclaimer
No agency, partnership, joint venture, or employment is created as a result of these Terms between you and Bali Tours and More. No fiduciary duty or other special relation is created by your access to the Website.

You hereby acknowledge that Bali Tours and More has no control over, nor a duty to take actions regarding the following, but not limited to, the identity of other Users, the Website Content, your interpretation thereof or the effect the Content may have on you, morally, psychologically, or on actions taken by you as a result thereof. You further acknowledge and agree that we are not a party to any transaction in relation to the Tours provided by the Tour Operators, being only intermediaries to the transactions. Bali Tours and More has no control over and do not guarantee the safety of the Tours, activities, transactions, or the truth or accuracy of the content provided by any third party to be shared on the website.

The Website, including all its Content, and any information or service thereby accessed or obtained are provided on an “as is” basis. Unless expressly provided in these Terms and to the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever for the Content and the Services or any link to third parties or for any breach of security associated with the transmission of sensitive information. We further expressly disclaim any express or implied warranties, including, without limitation, non-infringement, accuracy or suitability for a particular purpose.

We do not guarantee that the Website will always be available or not interrupted We will not be liable to you if for any reason the Services are unavailable at any time or for any period.

Bali Tours and More do not warrant that the Website or the Content will be error free or that defects will be corrected. Furthermore, Bali Tours and More does not guarantee that the the servers that make the Website available are free of viruses, bugs or other harmful components.

Limitation of Liability
We shall under no circumstances be liable for any of the following losses or damages (whether direct, foreseen, foreseeable, known, indirect, consequential or otherwise) which may be incurred or suffered by you: loss of opportunity, loss of goodwill or business reputation, loss of revenue or anticipated profits, loss of data, losses suffered by third parties, and/or any indirect, consequential, special or exemplary damages arising from the Services or the overall use of the Website, injury, damage, loss, accident, delay or irregularity, liability or expense to personal or proprietary damage due to act of default by any Tour Operator, carrier or other company or person providing services pursuant to the booked Tours or any service in connection with the travel itineraries of Users.

We further accept no responsibility for any sickness, labour disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond our control.

We shall further accept no responsibility for any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website; any changes which we may make to the Website, or for any permanent or temporary cessation in the provision of the Services, the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Website; your failure to provide us with accurate information; your failure to keep your password or account details secure and confidential.

Indemnity
You hereby acknowledge and agree that you will not hold or seek to hold Bali Tours and More responsible for any damage or loss resulting from the reasons described herein above.

You shall further indemnify and hold Bali Tours and More, our directors, officers and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to and/or use of the Website, the Services, or your violation of these Terms, including but not limited to the infringement of any intellectual property or other right of any person or entity, either if performed by you or any third party using your account. You indemnify and hold Bali Tours and More, our directors, officers and employees harmless with regard to any harm or damage, personal or otherwise that may occur when on a tour. Such indemnity shall rest with the tour Operator.

We reserve the right to participate in the defense of any claim or action and any negotiations for settlement in which we may hold an interest, and at our own expense and on notice to you to assume exclusive defense and control of any such claim or action. You shall not make any settlement that may adversely affect our rights or obligations without our prior written approval.

Termination of the Agreement and of the User account
The Terms shall continue to apply until terminated by either you or by Bali Tours and More, as set out herein below.
You may terminate this Agreement at any time by closing your account and fully discontinuing your use of the Website.
If you have booked a tour/ ticket etc. as a Guest on the website your agreement with Bali Tours and More shall be terminated upon the completion of the tour/ activity booked.

We may terminate or suspend your access to your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination of your account shall result in the immediate cease of your right to access the Website. If this Agreement is terminated for your breach, or if you have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions hereof, we reserve the right to cancel any outstanding booking, without refund or liability arising therefrom.
The termination of your account may result in the forfeiture and destruction of all information associated with your account.

All provisions of these Terms which by their nature should survive the termination, shall be unaffected by this termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

Severance
If any provision of this Agreement is or becomes invalid or contravenes any applicable law, the remaining provisions shall remain in full force and effect and continue to be binding and enforceable.

Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts. Notwithstanding this, you agree that we shall be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Miscellaneous
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and its rights and obligations without any additional request of consent.
Unless the context otherwise requires, words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and words importing persons shall include firms and companies and vice versa.

The division of this Agreement into sections, clauses, sub-clauses and the insertion of headings are for convenience of reference only and shall not effect the construction or interpretation hereof.

Our failure to exercise any right provided for herein shall not be deemed a waiver of any right accrued hereunder.
Complaints about services provided by Bali Tours and More i.e. bookings and customer service should be directed by email to [email protected] and marked for the attention of the Managing Director.