Tour terms and conditions

By booking or participating in a tour and any related products or services with Smartine Indonesia Travel (“Smartine Indonesia Travel” or the “Tour Operator”), you (“you”) agree to these Terms & Conditions (the “Terms”).

By booking or participating in a tour and any related products or services (a “Tour”) you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.

 

1. The booking contract

Your booking is confirmed and a contract exists when Smartine Indonesia Travel issues a written confirmation, sometimes followed by a receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.

 

2. Mandatory insurance requirements

You must have a travel insurance. You are strongly recommended to have a travel insurance with a minimum medical, evacuation and repatriation coverage of USD 200,000 covering all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses. You are also strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling.
You acknowledge that insurance coverage is not included in the cost of any Tour offered by the Tour Operator and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

 

3. Cancellation by the participant

You may cancel your booking by notifying the Tour Operator. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by the Tour Operator and are expressed as a percentage of the total price for the cancelled Tour, product or service (excluding any insurance products), or a or a certain amount.

Cancellation of a Tour:
(a) Cancellation received 60 days or more before departure of Tour, product or service: total amount of the tour minus a certain amount not exceeding a max of Euro 10.

(b) Cancellation received 59-4 days before departure of Tour, product or service:
 i. when budget or standard class hotels are used: the total amount of the tour minus a certain amount for administration not exceeding a max of Euro 10. 
 ii. when high class hotels (e.g. Jiwa Jawa Bromo) are used: the total amount of the tour minus the price for the hotels and minus a certain amount for administration not exceeding a max of Euro 10.

(c) Cancellation less then 4 days before departure of Tour, product or service: depending on the season and the hotels used: the total amaount of the tour minus a certain amount for administration and minus the amount for payments in advance, e.g. tour guides, car rentals, trekking activities (e.g. hiking mount Semeru), camping activities, or activities including more than 1 local guide and/or porter.

Tours including trekking activities or camping, or activities including more than 1 local guide, we will need full payment before departure.

 

4. Down payment and payments, final payment & acceptance of booking

Tours including trekking activities, camping, or activities including more than 1 local guide, must be fully paid before departure. If full payment is not received by the applicable due date, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. 

The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.

 

5. Guaranteed departure & cancellation of a tour by the tour operator

The Tour Operator guarantees that all scheduled Tours and secured with a valid deposit will depart. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the Tour Operator’s website or by contacting the Tour Operator.

If a Tour is cancelled by the Tour Operator before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Tour Operator:

(a) a substitute Tour of equivalent or superior value; or

(b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available and to recover from the Tour Operator the difference in price between the price of the Tour originally purchased and the substitute Tour; or

(c) a full refund of all monies paid for the cancelled Tour.

The Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment. The Tour Operator reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund for unused products or services as determined in its discretion.

 

6. Flexibility & unused services

You acknowledge that the nature of adventure travel requires flexibility and acknowledges that they will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence or breach of these Terms.

 

7. Acceptance of risk

You acknowledge that adventure travel and the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or developing infrastructure. Standards of hygiene, accommodation and transport in certain areas where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that the Tour Operator is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in the opinion of the Tour Operator (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate your travel arrangements on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour leader, your driver, or another representative of the Tour Operator directly. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided. 

 

8. Force majeure

The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.

 

9. Privacy policy

The Tour Operator must collect your personal information to deliver the Tour and any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third Party Suppliers to provide the particular Tour, products and/or services that you have requested as described in the Tour Operator’s Privacy Policy, which can be accessed any time at https://www.smartine-indnonesiatravel.com/en/privacy-policy and is expressly incorporated into these Terms. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.

 

10. Applicable law

The Contract and these Terms are subject to the laws of Malang, Indonesia and you submit to the exclusive jurisdiction of the courts located in Malang, Indonesia for the resolution of any dispute under these Terms or concerning any Tour, product or service.

 

 

Our websites

Squarewww.smartine-indonesiatravel.com

External linkwww.ijenplateau.com

External linkwww.bromo.co.id

External linkwww.heliostour.net