Terms & Conditions
Last updated: November 16, 2021
Interpretation and Definitions
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
- Country refers to Indonesia
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Bumi Journey, Jakarta.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Bumi Journey, accessible from www.bumijourney.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Bumi Journey. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
SCOPE OF OUR SERVICES
- Bumi Journey provides an online platform where you can browse different types of carbon-conscious temporary accommodation and lodging (as applicable), carbon-conscious tour packages, experiences and tours, or other services (“Services”). Users can make bookings of services provided by hotels, tourist attraction operators, travel agencies, and/or any other service providers (“Vendors”) on the Site. By placing an order through the Site, you will be able to book and/or purchase the carbon-conscious temporary accommodation and lodging (as applicable), carbon-conscious tour packages, experiences and tours, or other services. We will provide a booking confirmation via email. We reserve the right to refuse the booking in accordance with these Terms.
- Although we will use our expertise with caution in performing the Services, we do not verify and do not guarantee, that all information provided by Vendors that is available on the Site is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the Site or otherwise), inaccurate, misleading or false information of Vendors or non-delivery of information by Vendors.
- Changes in market conditions or circumstances that occur can lead to changes in some period of time causing the information provided by Vendors that is available on the Site to be inaccurate or not applicable. In case of any problems, please contact Bumi Journey’s Customer Service and they will assist you.
- In providing the Services we provide an online platform to connect you with Vendors. To the extent permitted by law, we are not responsible or liable for the acts or omissions of a Vendor, and you have sole responsibility for any obligations or liabilities to Vendors. We do not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Vendors listed on the Site, and in no event shall we be responsible or liable for any information, content, products, services or other materials provided or made available by Vendors. Vendors may be introduced in the form of different classes based on factors including but not limited to their reviews, ratings or any other factors. The given rating is calculated based on automated algorithms that can be updated and changed at our discretion.
- To the extent permitted by law, we have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Vendor, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behaviour, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, a Real Mistake (hereinafter described below), history of breaches of these Terms, or being placed on any “black lists” or “watch lists” by governments or international organizations. We can at any time delete or remove the account of any user of the Site, either temporarily or permanently. Removed Users must not attempt to use the Site in any other name or through other users.
- In a particular case, we may cancel or reject reservations with respect to a “Real Mistake”, which does not depend on where the error originated. A Real Mistake is a fault on the Site (for example, in terms of price) which no reasonable person would consider appropriate or make business sense. The amount charged shall be reimbursed without further charges in such a case.
- Every payment related to the booking or reservation of the Services shall be made directly to Bumi Journey’s payment channels or bank account. Except where Bumi Journey is required to hold such payments based on trust for the relevant Vendor pursuant to a separate agreement applicable to the relevant Vendor, all such payments will be the property of Bumi Journey and amounts will be due and payable to the relevant Vendor when the services to which a payment relates are provided or at any other applicable time required by the relevant Vendor. Bumi Journey will not be responsible for the validity of the reservation if the payment is not being made directly to the official Bumi Journey’s payment channels or bank account.
- By making a booking, order or reservation through the Site, you accept and agree to the terms and conditions of applicable Vendors, including policies regarding cancellation and/or absence, or your specific requests which may be given to the Vendors. Bumi Journey is not responsible for any violation of these terms and conditions, or which are based on the user’s specific requests, so please read the Vendors’ terms and conditions carefully before you make a booking, order or reservation through the Site.
- Regarding refunds, including by means of credit card chargeback, and subject to any applicable rights you may have at law, Bumi Journey may have the right to withhold or take part of the amount paid to reimburse the reasonable costs that have been incurred in connection with the cancellation.
- In the event of any special requests (for example including but not limited to: rooms to be easily accessible by wheelchair, wheelchair assistance for people with disabilities at the hotels, change of name, change of date, special equipment/tools needed for the tour packages or equivalent, add-ons, change of class or upgrade class or room), the user can insert the request when making a booking on the Site or contact the Vendor directly (as applicable). The request will be addressed at the Vendor’s and Bumi Journey’s discretion, based on availability and other factors. Your special requests may be subject to additional charges and/or fees by the relevant Vendor based on the discretion and/or policy of the relevant Vendor. Bumi Journey is not responsible for the availability and/or fulfilment of your special requests by the Vendor.
- In the event of rescheduling or modification of the reservation by the user (including but not limited to changes of date, room upgrade, add-on), Bumi Journey reserves its rights to cancel any new bookings created through the rescheduling process if the initial booking is no longer valid (including but not limited to instances where the ticket or hotel reservation has actually been used or refunded) based on the information received by Bumi Journey from the hotels and/or Vendors.
- For any rescheduling and/or adjustments and/or changes of the reservation by the user (including but not limited to changes of date, room upgrade, add-on) made directly through the hotels and/or Vendors, Bumi Journey is not responsible directly or indirectly for matters relating to rescheduling and/or modifications and/or changes to your reservation, including but not limited to
- updating the booking page on the Site and/or informing you regarding your reservation information that has been adjusted or rescheduled or changed directly through the airlines and/or hotels and/or Vendors;
- any losses, claims or legal consequences arising from the rescheduling and/or adjustments and/or changes to your reservation made directly through the hotels and/or Vendors.
- By displaying particular destinations, Bumi Journey does not represent or warrant that travel to such destinations is advisable or risk-free and Bumi Journey is not liable for damages or losses that may result from travel to such destinations. Under no circumstances shall Bumi Journey be liable for any incidents occurring during your trip or your stay. You are personally responsible for the selection of travel, travel route and destination, for the entire duration of your trip. To the extent permitted by law, Bumi Journey is not responsible for any loss that occurs if you fail to bring the required travel documents, such as your passport, e-ticket, e-voucher, and any other reasons caused by you.
- You shall be solely responsible for obtaining, maintaining and having available for presentation, the proper and valid travel permits or foreign entry requirements (including, but not limited to, visas or other travel permits and documents, whether for transit or otherwise) applicable to you prior to finalising your travel arrangements in accordance with the prevailing laws of the country you are travelling from, into, over or transiting in. Bumi Journey has no obligation and is not responsible for notifying you of the travel arrangements and permits necessary for you to be able to carry out your travel plans. In no event shall Bumi Journey be responsible or liable for any losses or damages arising out of or in relation to your travel permits.
- Ratings shown on the Site are only provided for the information of users only, and existing ratings are based on the information given by third parties such as suppliers, users or other review websites. We do not verify the rating given and are not responsible for the accuracy of the existing rating, nor do the ratings constitute any endorsement (or otherwise) by us. In no event shall Bumi Journey be responsible or liable for any claims, losses or liability with respect to the ratings shown on the Site.
PRICE AND PROMOTION
- We may offer lower prices and/ or promotions from time to time. Please note that these may involve different conditions and requirements as it relates to booking and refund policies.
- If there is any promotion provided directly by a Vendor, then the rights and authority over the promotion will be fully under that Vendor’s separate terms and conditions and will not apply to the reservation conducted through Bumi Journey.
ADDITIONAL CHARGES & REFUNDS
- Each price listed on the Site is only available with certain conditions and these prices may change depending on the availability of booking, length of booking and/or other factors. Available prices can include additional taxes and other charges, but in certain circumstances, it may not include taxes and other service charges (e.g., tips for tour guides, other facilities charges (if any), and other charges/fees which may arise from the use of services other than those provided by Bumi Journey (if any)). You agree that you are responsible for verifying the total cost to be paid and other terms and details when the confirmation email is sent. You must verify the booking on the booking sheet, and you may cancel the booking at any time before the final confirmation is done. The prices shown are detailed so that you can see the amount to be paid, any additional costs due to the use of credit cards or inter-bank fees charged for the shipping fees will be charged to you. If there is a discrepancy in the amount paid, Bumi Journey will provide an email notification of the amount to be paid by you. In the event that you cancel the booking before paying in full any existing shortcomings, Bumi Journey will refund the amount paid or, subject to any applicable rights you may have at law, refund an amount reduced by the reasonable costs incurred by Bumi Journey as a result of the non-payment. If you have any questions about the Services, you can contact Bumi Journey Customer Service. For any other cancellations, subject to any applicable rights you may have at law, as well as Bumi Journey’s and the vendor’s policy, Bumi Journey will first investigate and verify applicable booking prior to providing refunds of the same amount paid by you, less any applicable costs incurred by Bumi Journey, including however not limited to processing and administrative surcharges, inter-bank transfer fees, credit card fees etc. (“Refund Amount”). Upon successful verification by Bumi Journey, refunds will initially be offered to you in the form of [cash/debit].
- You can contact Bumi Journey Customer Service for further details on the estimated duration for receiving your refund and we will assist you as best as we can.
- Bumi Journey is not responsible or liable for any cancelled issuing of e-tickets, e-vouchers, or other transactions caused by inaccurate transfer amounts, or exceeding the time limit for transfers or any payment that is not being made directly to Bumi Journey’s payment channels or bank account.
ADDITIONAL CHARGES FROM HOTELS
- Please note that all prices for accommodations reservations provided through our Site (the “Accommodations Prices”) are based on your selections, such as for the requested period of stay and number of guests, unless otherwise specified. Accommodations Prices are quoted per room and per night unless otherwise specified. You are responsible for verifying whether your selection and any additional requests or services are reflected in the price displayed on the Site (please refer to more details listed under “Accommodations Information”, “Requirements Booking”, “Cancellation Policy” or similar headings on the Site) and/ or in the email-coupon confirmation. Breakfast is usually not included unless otherwise stated. Accommodations fees and other mandatory costs (see description below) and local taxes, tourist, or occupancy charges (if any) will be paid by you and are usually not considered in the Accommodations Prices unless otherwise stated. You are responsible for verifying any explanations or policies provided by the hotel on the Site. Insurance of any kind is not included in the Accommodations Prices unless otherwise stated. The standard accommodations room reservation is for one or two guests; an additional charge will usually be required for an extra bed. The hotel can refuse to accept additional guests if not notified in advance.
- Please note that some hotels may charge you a resort fee but may require additional charges (or the like) to use certain services. The resort fee is usually not included in the Accommodations Prices; more details will be included in the Accommodations’ description on the Site. You may also be charged directly by the accommodations for products and services including but not limited to: energy surcharge, baggage handling fees, the cost of delivery of newspapers, in-room security costs, travel/tour fees, or the cost for cleaning the rooms under extraordinary circumstances. This practice of additional accommodations charges is beyond Bumi Journey’s control.
- Optional incidental expenses and personal consumption charges (such as those incurred during the stay) are not usually included in the Accommodations Price. Such charges include but are not limited to: parking fees, in-room minibar charges, telephone charges, room service, food and beverage costs, special (gala) dinner costs, movie rentals / movies-on-demand, and Internet usage costs. During certain peak holiday seasons, some hotels may make their special dinners compulsory (such as for the New Year, Christmas, Chinese New Year and other events). Such charges are not included in the room rate but will be displayed on the booking form. Please refer to more details listed under “Accommodations Information”, “Requirements Booking”, “Cancellation Policy” or similar headings on the Site. If you are unsure whether or not a charge is included in the tariff, please contact Bumi Journey Customer Service to clarify.
- Certain accommodations may add fees for transport or transfer to and from the airport. This is a common practice for travelling between islands (such as the Maldives), in order to reach the accommodations. Such transportation is always governed by the accommodations and is offered by or on behalf of the accommodations, which is responsible for the transportation service. Bumi Journey does not arrange any transport and is not responsible for such transport service. You agree that Bumi Journey is not responsible for the quality, safety, frequency or service level of the transportation services, and for any loss or damage that may result from the use of such transportation services.
- In some jurisdictions, accommodations may be required by law to directly collect occupancy tax or local city tax from guests. Government authorities may also declare additional taxes and may require the accommodations to collect such taxes directly. You agree to pay any and all of such taxes/costs to the accommodations directly upon checkout unless otherwise specified. If you have any questions, please contact Bumi Journey Customer Service regarding any additional costs that may be included in the Accommodations Price.
- Only you can use your own account and you represent and warrant that you will not authorize any other party to use your identity or your account for any reason unless permitted by Bumi Journey.
- You cannot assign or transfer your account to any other party.
- You must maintain the security and confidentiality of your account password and any identification we provide to you. In the event of any disclosure of your password, in any way whatsoever resulting in any unauthorized use of your account or identity, order(s) received from such unauthorized use shall still be considered as valid orders and we will process such order(s). Subject to any rights you may have at law, you hereby declare that Bumi Journey is not responsible for any loss or damage arising from the misuse of your account in accordance with this clause 9.4.
- If you no longer have control over your account, you are required to immediately notify us (e.g., your account is hacked in any way or your phone is stolen) so we can temporarily block and/or inactivate your account. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
- Bumi Journey has the full right to temporarily block, delete, or deactivate your account at our sole discretion and for any cause without giving reasons for blocking deletion, or deactivation of your account provided that this will not affect our obligations to provide any Services that have been purchased by you prior to that time (unless we also cancel those Services as permitted by these Terms). The reasons for blocking, deletion, or deactivation of your account may include but are not limited to:
- breach of these Terms,
- prohibitions in law or regulations,
- fraud or theft (or indication or suspicion of fraud or theft),
- suspicion of criminal activity,
- suspicious ordering,
- you are providing inaccurate, erroneous or misleading information,
- your inappropriate behaviour, threats, or insults,
- refusal to provide information,
- practical impediments,
- communication difficulties or breakdowns, or
- you are listed on any “black lists” or “watch lists” by governments or international organizations.
PAYMENT DETAILS AND PROCEDURES
- Payments are made in the amount and currency as stated, not including bank fees or any other charges by Bumi Journey.
- Bumi Journey does not collect taxes or levies. If accommodations or city destination charges taxes, those taxes are the responsibility of the user.
- For all forms of reservations, you must make payment within the specified time limit. If the payment is not made, then Bumi Journey reserves the right to cancel all reservations.
- Payment methods include but are not limited to bank transfers. For payment by bank transfer, you must provide the bank transfer receipt as proof of payment of reservations listed in the Bumi Journey confirmation email. You must follow the procedures contained in the confirmation email.
- After you make full payment, Bumi Journey will place the order and issue a reservation code, which will be accompanied by:
- Booking Code;
- Customer Name;
- Number Booking;
- Booking Details; and
- Phone Number / Extension.
RIGHTS AND OBLIGATIONS
- Bumi Journey hereby grants the user certain limited rights (constituting a “Limited Licence”), which cannot be transferred or assigned, to access and use the Site to the extent expressly permitted by these Terms. In connection with this Limited Licence, we are not granting you any other rights or licences with respect to use of the Site; rights or licenses not expressly granted, are reserved by Bumi Journey or other third party owners of such licence. Content available on the Site, including any information, data, text, images, sound, graphics, video, messages, reviews, or other materials, including the software infrastructure used to provide the Content (the “Content”), is wholly owned by Bumi Journey or its suppliers and service providers, including but not limited to the Vendors (as applicable). You can use the Site to place orders and you hereby guarantee that you will not submit false reservation requests. You hereby declare to ensure that the payment information you provide is accurate. You also guarantee to provide an accurate email and mailing address as well as other details of your contact information.
- You agree to not use the Site or the Content for commercial purposes or either directly or indirectly for other than personal use or for unlawful purposes (prohibited by law) or do any acts that violate these Terms. Except with the written consent of Bumi Journey, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with the Site. In addition, you agree not to:
- use the Site or the Content for commercial purposes without permission from Bumi Journey;
- access, monitor or copy any Content on the Site using technology, software, or any program either manually or automatically for any purpose without written permission from Bumi Journey;
- perform any action that imposes or may impose, an unreasonable burden on the Site or Site infrastructure;
- make a major link to the Site (including but not limited to the booking path) for any purpose without the written consent from Bumi Journey;
- resell, use, copy, perform surveillance (such as using or installing spider or scrape programs), display, download or perform any Content production, software, products, services available through the Site for commercial purposes or objectives/activities of competition;
- reproduce the Site (through a “frame” or “mirror”) or set up a part of the Site on any other website without prior written consent;
- send or store any material to or through the Site that violates any law, regulation, or rules, or which can support unlawful or criminal activities;
- send or store any material (including providing any links to other material) which is defamatory, slanderous, false, obscene, threatening, libellous or otherwise unlawful or tortious;
- send spam or other unsolicited messages or otherwise cause nuisance, annoyance or inconvenience;
- send or store any material that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;
- send or store any material where prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;
- send or store any material containing software viruses, worms, trojan horses or other harmful computer code;
- imitate any person or entity for any purposes;
- manipulate or falsify information with the aim to disguise the origin of statements provided;
- use the Site in any manner which could damage, disable, obstruct, or interfere with the use of the Site or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
- gain unauthorized access or perform unauthorized modification to the Site or other related website, other accounts, computer systems, networks connected to the Site through hacking, password theft or other similar matters;
- obtain or attempt to obtain any materials or information byways that are not intentionally supplied by the Site (including but not limited to other destinations provided by the Site). This includes but is not limited to, obtaining or collecting information about others such as email addresses;
- engage in fraudulent acts or actions that aim to manipulate a search engine results page (“SERP”) or perform search engine optimization (“SEO”). SEO practices considered unethical or to constitute “spamdexing” include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters;
- any other activities which may adversely affect or result in damage to the Site, Bumi Journey or its affiliates and employees, or Bumi Journey’s reputation;
- modify or make derivative works based on the Site and/or the Services, or reverse engineer or access the underlying software for any reason; or
- use the Site to build a competitive product or service.
- By placing an order through the Site, you hereby represent and warrant that you are not subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.
RIGHTS TO USER CONTENT
- Users have the right to submit a review that may contain any media (photo and/or video) in respect to the selection of Vendors. By doing so, you hereby agree to be bound by the terms and conditions as set out in this section.
- In providing a review that may or may not contain any media (photo and/or video) to the Site, you agree to ensure that:
- you own and control all of the rights to the reviews and its content that you provide to the Site;
- you grant us a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to use your reviews, including all intellectual property rights therein, in connection with our business operations including the operation and management of the Site;
- the content of the review is accurate and contains no misrepresentations; and
- the use or performance or transmission of the content of the review does not violate these Terms or applicable laws and regulations, you are not violating any third party’s rights, and you are not causing injury to any party.
- You must bear all responsibility for the content of the reviews that you provide or submit.
- Reviews provided by you will be deemed to not contain confidential information and Bumi Journey shall have no obligation to treat any review as confidential information. Without limiting the other provisions contained in these Terms, Bumi Journey has sole discretion to use reviews as deemed appropriate including but not limited to removing, cutting, modifying, or otherwise editing the review. Bumi Journey shall have no obligation to pay for the content that you submit in a review, including but not limited to content review that has been changed, eliminated or cut. Bumi Journey shall have no obligation to provide or include or mention authors or other third parties.
- In any case, you hereby agree that with respect to the content of your reviews:
- you do not require any attribution or identification on any derivative works;
- you consent that all content of reviews submitted to Bumi Journey may be used by Bumi Journey and its employees, successors, and transfer recipients in any way, at any time. This includes but is not limited to publishing and reproduction of the review; and
- you hereby waive all rights and agree not to claim any rights in any review and its content.
- You hereby shall indemnify and hold harmless Bumi Journey and its employees, affiliates, proprietor, successors and assigns from all claims in relation to the content of the review.
CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
- If there is evidence of violations of your Intellectual Property Rights, you or your representative (collectively, the “Sender”) may send a notice containing the following details listed below:
- Name and address of the Sender;
- In case the Sender is not the owner of the Intellectual Property Rights or license exclusive then it must include the name and address of the owner of the Intellectual Property Rights;
- In case the Sender’s address is not in Indonesia, the Sender shall provide a temporary address in Indonesia;
- Sender’s telephone number, facsimile (if any) and electronic mail address;
- Sufficient details so as to prove the existence of intellectual property rights violations, including online addresses of electronic copies ;
- Sender’s request to remove or disable access to the infringing electronic copy or version;
- A statement that the Sender in good faith recognizes the violations as identified in paragraph (5) of this Clause;
- A statement that the information provided in the notice is accurate;
- A statement that the Sender (a) is the owner or exclusive holder of the intellectual property rights that are being violated; or (b) has the legal authority to act on the owner or exclusive holder’s behalf; and
- The statement that the Sender subjects to Indonesia law and that all claims, disputes, controversies or differences arising out of intellectual property rights infringement shall first be submitted to the Indonesia Mediation Centre for resolution by mediation in accordance with the Mediation Procedure. The Sender should state that they agree to participate in the mediation in good faith and agree to abide by the terms of any settlement reached.
- The letter must be signed by the sender and delivered physically and via email to the following address:
Ruko Sentra Komersial Blok RSK 5, Grand Galaxy City, Jakasetia, Kec. Bekasi Selatan, Kota Bekasi, Jawa Barat
Kabupaten Bekasi, Jawa Barat
- We will review and handle notifications in accordance with the above requirements and in accordance with Indonesian law.
- You agree to not hold Bumi Journey responsible for losses or damages that may occur as a result of fraud, forgery or false accusations of intellectual property rights infringement.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (“Intellectual Property Rights”), including but not limited to the copyright, patents, domain names, trademarks, service marks, logos, symbols or other designs etc., in Content on the Site are owned by Bumi Journey and its affiliated companies or by the Vendors or other third parties that Bumi Journey has a commercial arrangement with. All information and materials, including but not limited to: software, text, data, graphics, images, sounds, videos, trademarks, logos, icons, HTML codes and other codes on the Site are prohibited to be published, modified, copied, reproduced, duplicated or altered in any way outside the area of the Site without the express written permission of Bumi Journey. If you violate these rights, Bumi Journey reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.
- Bumi Journey and/or its affiliated companies are the owners of certain Intellectual Property Rights. Except as expressly set out in these Terms, nothing in these Terms shall be construed as granting you a licence or any rights, implied or otherwise, to use, possess, distribute or modify any of Bumi Journey’s Intellectual Property Rights. Other product and company names contained on the Site, including names, trademarks, marks, service marks, logos, symbols or other designs may be owned or licensed for use by third parties. Use of third party Intellectual Property Rights on the Site is not considered a recommendation or sponsorship for the Site by third parties. Bumi Journey owns the copyright to the Site, and you must not use, possess, distribute or modify any of the Intellectual Property Rights owned by Bumi Journey and its affiliated companies without express approval from Bumi Journey.
- The whole of the Content is protected by copyright laws. We and our licensors own the copyright and/or other rights over the selection, coordination, arrangement, and repair of the Content and the original content. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, unless you have express written consent from Bumi Journey.
- Bumi Journey shall not be responsible for Intellectual Property Rights owned by third parties or for your and/or other party’s infringement of Intellectual Property Rights owned by third parties.
- You can use the information on the Site only for personal, non-commercial use. Unless specified otherwise, and expressly permitted by the copyright laws, you may not copy, reproduce, redistribute, retransmit, publish or otherwise commercially exploit any downloads you make from the Site without the permission of the owner of the Intellectual Property Rights. Even if you obtain the necessary permission, you must not make changes or deletions. You hereby accept and agree that downloading any Content does not grant you any Intellectual Property Rights in that Content.
- Bumi Journey in making the Site, preparing the source code and performing software support, can license the use of open-source software from third parties through the GNU General Public Licence (“GPL”), Any use by Bumi Journey of open source software and the Intellectual Property Rights of a third party is with the necessary licences or permits.
LIMITATION OF LIABILITY
- YOU HEREBY DECLARE TO AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
- THE SERVICES AND THE CONTENT OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY EXPRESSLY STATE THAT WE DO NOT MAKE ANY KIND OF GUARANTEE OR WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE MERCHANTABILITY OF A PRODUCT OR SERVICE, OR SUITABILITY OF THE SERVICES WE PROVIDE FOR A PARTICULAR PURPOSE AND AGAINST NON-INFRINGEMENT WHERE APPLICABLE;
- WE DO NOT GUARANTEE THAT: (i) THE FUNCTIONS, SERVICES AND SECURITY FEATURES PROVIDED IN THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR; (ii) ERRORS OR FAILURE WILL BE REPAIRED; OR (iii) THE SITE OR THE SERVER PROVIDE SERVICES THAT ARE FREE FROM VIRUSES, MALWARE OR HARMFUL COMPONENTS;
- WE DO NOT WARRANT THE ACCURACY, AUTHENTICITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES AVAILABLE TO AND FROM THE SITE INCLUDING, BUT NOT LIMITED TO, ANY GUARANTEE THAT THE CONTENT, SITES OR RESOURCES ARE FREE FROM SOURCE MATERIAL THAT IS MALICIOUS, INDECENT, OR CONTROVERSIAL;
- WE DO NOT GUARANTEE OR WARRANT THAT YOU WILL BE GRANTED VALID TRAVEL PERMITS APPLICABLE TO YOU. WE DO NOT HAVE ANY RESPONSIBILITY TO NOTIFY YOU OR INDEMNIFY YOU IN THE EVENT THAT YOU SUFFER LOSSES OR DAMAGES RELATING TO YOUR LACK OF VISA OR TRAVEL PERMITS (INCLUDING, BUT NOT LIMITED TO, REFUSAL OF ENTRY, DEPORTATION).
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RESPONSIBILITY AND RISK. YOU VOLUNTARILY ASSUME SUCH RISK, AND YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO SUCH MATERIAL, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIALS THAT ARE PROVIDED.
- WITHOUT PREJUDICE TO WHAT IS SET OUT IN THESE TERMS AND SUBJECT TO CLAUSE 17.2, WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR CONNECTED TO YOUR USE OF THE SITE OR USE OF THE LINKS ON THE SITE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE THAT MAY OCCUR;
- Nothing in these Terms limits or excludes:
- a party’s liability for death or personal injury caused by such party’s negligence;
- any other liability to the extent it cannot be limited or excluded under applicable law.
- You hereby agree to indemnify and hold harmless Bumi Journey and its employees, affiliates, staff and partners, from and against any and all claims, demands, liability, damage or loss including legal fees, which arise as a result of claims of third parties in connection with: (a) your use of the Site; (b) Content that is given, provided or accessed through this Site; (c) your violation of the Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise. The ONLY AVAILABLE REMEDY FOR YOU IS TERMINATION OF USE OF THE SITE.
- The Site may contain links to websites operated by parties other than Bumi Journey. We do not control those sites or links and are not responsible for the content or privacy or other activities of such sites. We, or other third parties, may upload automated search results or provide links to other sites. We provide opportunities for third parties to deliver, load, transmit or otherwise make available Content. We do not review and/or do not have control over the site, source, and such Content. You agree that we are not responsible for the content or the availability of such sites and resources, and we do not endorse or recommend and are not responsible for the origin of such other sites or Content. You hereby agree to release us from and against any and all liabilities, expenses, loss, or damage, directly or indirectly caused or allegedly caused by or in connection with the use of or account for such Content, site or resource.
- Bumi Journey has sole and full discretion to change, postpone, discontinue or stop the Site and/or part of the Site, including any Services, and/ or usage of the Site, or part thereof, at any time for any reason without prior notification to you.
- In the event of termination, both you and Bumi Journey remain bound by the obligations in these Terms, including but not limited to the warranties, indemnification, waiver and limitation of liabilities that you have agreed to, in relation to any Services that have been provided to you but which have not been fully provided as at the date of the termination.
- Bumi Journey shall not be liable to you or any third party for any termination or suspension of your access to the Site.
- These Terms (and any and all disputes arising out of or in connection with these Terms (including any alleged breach or challenge to the validity or enforceability of these Terms)) shall be governed by and interpreted in accordance solely with the Laws of Indonesia.
- In the event of a dispute arising out of or in connection with these Terms, both Parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. However, if such dispute may not be settled by mutual consultation within sixty (60) days, it shall be referred to mediation at the Indonesia Mediation Centre in accordance with the Mediation Procedure. If the dispute remains unresolved, the parties agree the courts of the Republic of Indonesia have non-exclusive jurisdiction. If you are a consumer and resident of a country other than the Republic of Indonesia you and we may also bring proceedings in that other country.
- These Terms shall constitute the entire agreement and understanding between you and Bumi Journey on the subject matter hereof, and shall supersede all prior agreements, whether written or oral, between you and Bumi Journey concerning the subject matter thereof.
- If you use the Site for or on behalf of a third-party (“Third-party”), such as a family member or a travelling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. When using the Site for or on behalf of a Third-party, you agree to indemnify and hold Bumi Journey harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the Third-party.
- These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.
- In the event that any provision is determined to be unenforceable or invalid, by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.
- Failure by either Party to enforce any provision of these Terms at any time shall not be construed as a waiver of each Party’s rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
- You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
- We reserve the right to change, modify, add and delete these Terms (or parts thereof) at any time where this is necessary to comply with any law or regulation binding on us or to reflect a change to our operational practices, provided that we will use reasonable endeavours to provide notice of material changes on the Site. We may amend the Terms at any time by posting a variation on the Site. The latest version of the Terms will supersede all previous versions.
- Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms. The application of the Contracts (Rights of Third Parties) Act (Cap. 53B) and any re-enactment is expressly excluded.
- Notices given pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified). Bumi Journey may give notice to you by means of a general notice published on the Site or to your email address set out in your account. You must give notice to Bumi Journey by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).
- Bumi Journey shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Site, or any damage or harm to users caused by any act or condition beyond the reasonable control of either you or us (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disasters (floods, earthquakes), epidemics, riots, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes/typhoons/cyclones, labour strikes, demonstrations, airline or hotel bankruptcy or insolvency, and cyber attacks.
- Bumi Journey shall not be responsible for any damages or losses caused by any means to any party because of the Force Majeure Event.
Bumi Journey – FAQS
- If you have any further questions, please refer to the FAQs
Certain products offered through this Platform are subject to the terms and conditions that can be accessed here (“Secondary TnC”). Your acceptance to these Terms and Conditions shall also constitute acceptance to the Secondary TnC. If you are not sure whether your reservation is subject to the Secondary TnC, please contact us to confirm before you execute the transaction.