Corporate Travel Management Indonesia

Traveloka for Corporates Terms Of Use

THESE TERMS OF USE MUST BE READ BEFORE USING THE SITE. THE USAGE OF ANY PART OF THE SITE INDICATES ACCEPTANCE OF THESE TERMS OF USE. The https://corporates.ctv.traveloka.com/ site and the app (Site) is managed by Traveloka Group of Companies including its subsidiaries and affiliated companies (we, us, our or “Traveloka”). By accessing and/or using any part of the Site, you acknowledge that you have read and understood, and agree to the Terms of Use (“Terms”) and other terms and conditions in relation to the Site as referred to in these Terms. If you do not agree to be bound by these Terms, you may not access or use any part of the Site. These Terms constitute a binding legal agreement between you as the authorized representative of your entity, (“Entity”) (“you” or “your”) and Traveloka. The employee of the Entity (“Employee”) must be at least eighteen (18) years old when you agreed to this Terms of Use. Please note that we may change, modify, add and delete these Terms 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. Every time you use the Site, please check these Terms to ensure that you have reviewed the current version. By continuing to use any part of the Site after such changes to these Terms, you agree and consent to the changes. If you use any of our other services, then your usage is based on the submission to and acceptance of the terms and conditions applicable to such services, which will be made available to you when you use those other services.

SCOPE OF OUR SERVICES

1.1.

Through the Site, Traveloka provides Traveloka for Corporates, an online platform in form of Corporate Booking Access (“CBA”) where you can browse different types of airlines and other transportation services, temporary accommodation and lodging (as applicable), or other services with special corporate benefits (“Services”). Users can make bookings of services provided by hotels, airlines, or other transportation operators 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 airline tickets, train or other transportation tickets, temporary accommodation and lodging (as applicable) or other services. We will provide a booking confirmation via email. We reserve the right to refuse the booking in accordance with these Terms.

1.2.

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.

1.3.

Changes in market conditions or circumstances that occur can lead to changes in a short 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 Traveloka’s Customer Service and they will assist you.

1.4.

In providing the Services we provide an online platform in form of CBA 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 as per our discretion.

1.5.

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 behavior, 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.

1.6.

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 to make business sense. The amount charged shall be reimbursed without further charges in such a case.

1.7.

Every payment related to the booking or reservation of the Services shall be made directly to Traveloka payment channels. Except where Traveloka 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 Traveloka 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. Traveloka shall not be responsible for the validity of the reservation, if the payment is not being made directly to Traveloka’s bank account or Traveloka payment channels.

CANCELLATIONS

2.1.

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. Traveloka 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.

2.2.

Regarding refunds, including by means of credit card chargeback, and subject to any applicable rights you may have at law, Traveloka 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.

SPECIAL REQUESTS

3.1.

In the event of any special requests (for example: rooms to be easily accessible by wheelchair, wheelchair assistance for people with disabilities at the hotels or airplanes, change of name, change of date, adding “frequent flyer” points or equivalent, availability of the event’s seat tickets, special equipment/tools needed for the tour packages or equivalent), 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 Traveloka’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. Traveloka is not responsible for the availability and/or fulfillment of your special requests by the Vendor.

3.2.

In the event of rescheduling (including but not limited to changes of date, route and/or passenger) by the user, Traveloka 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 has actually been used or refunded).

TRAVEL ADVICE

4.1.

By displaying particular destinations, Traveloka does not represent or warrant that travel to such destinations is advisable or risk-free and Traveloka is not liable for damages or losses that may result from travel to such destinations. Under no circumstances shall Traveloka 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, Traveloka 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.

4.2.

Should you purchase roundtrip tickets under the same Airline Booking Code (Passenger Name Record, abbreviated as PNR), both the departure and return tickets must be used in full, as written in the itinerary of your Traveloka e-ticket. Use of (i) only the departure or the return ticket; or (ii) partial use of any segment of the roundtrip flight, may cause the other ticket to be invalid and not refundable. Traveloka will not be responsible for any consequence resulting from violation of these terms and conditions.

4.3.

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 finalizing your travel arrangements in accordance with the prevailing laws of the country you are traveling from, into, over or transiting in. Traveloka 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 Traveloka be responsible or liable for any losses or damages arising out of or in relation to your travel permits.

RATINGS

5.1.

Ratings shown on the Site are only provided for the information of users only, and existing ratings are based on information given by third parties such as suppliers, users or other review websites. We do not verify the rating given and are therefore not responsible for the accuracy of the existing rating, nor do the ratings constitute any endorsement (or otherwise) by us. In no event shall Traveloka be responsible or liable for any claims, losses or liability with respect to the ratings shown on the Site.

PRICE AND PROMOTION

6.1.

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.

6.2.

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 Traveloka.

SERVICE FEE

7.1.

Traveloka will charge a service fee with an amount as stated in the main agreement or statement letter (whichever is relevant) signed by by you and Traveloka, from the total amount of purchase in the period of the service fee invoice, as may be amended by Traveloka from time to time. You agree that you are responsible to pay the services fee as part of your duty for using the Services when it is charged.

7.2.

Traveloka will send you an invoice for the service Fee on:

every 4th calendar date for purchase made from the 16th date until the end of the previous month;

and every 19th calendar date for purchase made from the 1st until the 15th date of the current month.

7.3.

The service fee will be charged to you according to the date stated in the invoice.

DATA DISCREPANCIES

8.1.

If there are indications of data discrepancies between the purchase / booking reports of transportation and/or accommodation tickets belonging to you and Traveloka, you and Traveloka will trace these data differences and take all necessary measures so that no party will be disadvantaged due to data differences in no later than 14 (fourteen) days after the difference is found.

8.2.

For the avoidance of any doubt, in the event of data discrepancies, you agree to use Traveloka’s ticket booking report until the data discrepancy issue has been resolved by you and Traveloka, which will be used as the data source to calculate the service fee.

8.3.

If an action is needed to adjust the billed service fee invoice after the data discrepancies settlement, adjustments that have been approved by you and Traveloka will be made in the next service fee invoice period.

ADDITIONAL CHARGES & REFUNDS

9.1.

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 Traveloka (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. 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 you have any questions about the Services, you can contact Traveloka Customer Service. For any other cancellations, subject to any applicable rights you may have at law, as well as Traveloka’s and the airline’s/vendor’s policy, Traveloka will first investigate and verify applicable booking prior to providing refunds of the same amount paid by you, less any applicable costs incurred by Traveloka, including however not limited to processing and administrative surcharges, inter-bank transfer fees, credit card fees etc. (“Refund Amount”).

9.2.

You can contact Traveloka Customer Service for further details on the estimated duration for receiving your refund and we will assist you as best as we can.

9.3.

Traveloka is not responsible or liable for any cancelled issuing of e-tickets, e-vouchers, or other transactions caused by payment that is not being made directly to Traveloka payment channels.

10.

ADDITIONAL CHARGES FROM HOTELS

10.1.

Please note that all prices for hotel reservations provided through our Site (the “Hotel Prices”) are based on your selections, such as for the requested period of stay and number of guests, unless otherwise specified. Hotel 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 Hotel 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. Hotel resort 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 Hotel 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 Hotel Prices, unless otherwise stated. The standard hotel 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.

10.2.

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 Hotel Prices; more details will be included in the hotel’s description on the Site. You may also be charged directly by the hotel 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 hotel charges is beyond Traveloka’s control.

10.3.

Optional incidental expenses and personal consumption charges (such as those incurred during the Hotel stay) are not usually included in the Hotel 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 Hotel 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 Traveloka Customer Service to clarify.

10.4.

Certain hotels 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 hotel. Such transportation is always governed by the hotel and is offered by or on behalf of the hotel, which is responsible for the transportation service. Traveloka does not arrange any transport and is not responsible for such transport service. You agree that Traveloka 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.

10.5.

In some jurisdictions, hotels 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 hotel to collect such taxes directly. You agree to pay any and all of such taxes/costs to the hotel directly upon checkout, unless otherwise specified. If you have any questions, please contact Traveloka Customer Service regarding any additional costs that may be included in the Hotel Price.

11.

YOUR CORPORATE ACCOUNT

11.1.

You must create a corporate account to use the CBA. We will collect and process your organization information, such as your Entity name as written in the legal document that you provide, tax registry number, and other legal or financial documents that are needed when you register to set up an account. You must provide us with accurate, complete, and latest information and agree to provide us with any proof of legality that we may reasonably request. We will collect, use, disclose and process your legal information in accordance with our Privacy Policy, available here.

11.2.

Only you and your Entity can use your CBA and you represent and warrant that you will not authorize any other party to use your Entity identity or your CBA for any reason, unless permitted by Traveloka.

11.3.

You cannot assign or transfer your CBA to any other party including unauthorized Employee within the Entity.

11.4.

You must maintain the security and confidentiality of your CBA 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 Traveloka is not responsible for any loss or damage arising from the misuse of your corporate account.

11.5.

If you or your Entity no longer have control over your corporate account, you are required to immediately notify us (e.g., your corporate account is hacked in any way or your phone is stolen and/or tampered by unauthorized party(ies)) so we can temporarily block and/or inactivate your account. Please note that you are responsible for your use of your corporate account and may be liable for your account even if your account is misused by others or unauthorized Employee.

11.6.

Traveloka has the full right to temporarily block, delete, or deactivate your corporate 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 behavior, threats, or insults,

refusal to provide information,

practical impediments,

10.

communication difficulties or breakdowns, or

11.

you are listed on any “black lists” or “watch lists” by governments or international organizations.

12.

PAYMENT DETAILS AND PROCEDURES

12.1.

Payments are made in the amount and currency as stated, not including bank fees or other fees charged by payment service providers for payment processing.

12.2.

Traveloka does not collect taxes or levies. If a hotel or city destination charges taxes, those taxes are the responsibility of the user.

12.3.

For all forms of reservations, you must confirm payment within the specified time limit. If the payment is not made, then Traveloka reserves the right to cancel all reservations.

12.4.

Payment methods include but are not limited to credit card and other Traveloka payment channel.

12.5.

For payment methods such as credit card, you must follow the procedures stated by Traveloka and/or the relevant payment service provider.

12.6.

After you make full payment, Traveloka 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.

13.

PAYMENT BY CREDIT CARD & FRAUD

13.1.

For payment of bookings placed through the Site, your credit card will be billed by Traveloka for the full price at the time of booking and confirmation of the booking (any refund that may be given will depend on the conditions of the existing reservations). You must check the booking details thoroughly each time before you make a reservation. Traveloka will process any refund, as applicable, within a reasonable period. For certain reservations, you may have to pay the Vendor directly. In order to safeguard and encrypt your credit card information when in transit to us, we use encryption technology such as Transport Layer Security (“TLS”) or Secure Sockets Layer (“SSL”) to ensure the integrity of your information.

13.2.

In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, Traveloka has no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such fraud or unauthorized use was carried out through Traveloka services (including, but not limited to, TravelokaQuick), other than where this arose from the fraud, negligence or willful action of Traveloka or as otherwise required by law. Except as otherwise provided by law, Traveloka is not obliged to make refunds or repayments to you as a result of such fraud. As part of our goodwill, we may provide a form of compensation to you subject to review and approval by us. You shall only be eligible to request compensation only if such reservations have been made through our secure servers and the fraud or unauthorized use of your credit card is a result of our default or negligence and through no fault of your own while using the secure server or you are otherwise entitled by law to be compensated. We accept no liability of the fraud or unauthorized use of your credit card if it was done through applications or servers other than our own or if it is as a result of a fault or negligence of your own. If you suspect any unauthorized reservations or fraud committed on Traveloka, you must contact Traveloka Customer Service.

13.3.

To make a reservation you must be aged over eighteen (18) years old and have full legal capacity to make the transaction and have authorization from your Entity. You must use a credit or debit card that is authorized by your Entity to be used to make transactions in Traveloka for Corporates and make sure that there are sufficient funds to cover the transaction costs. Any fees incurred by you for authorizing a transaction that results in an over-drawing of your account are not the responsibility of Traveloka.

13.4.

You shall ensure that the details you provide to us are completely accurate. Traveloka reserves the right to not accept certain credit cards. Traveloka can add or remove other payment methods at our sole discretion.

13.5.

In certain cases, we may require additional information or verification to validate and confirm the booking, as described in more detail on the Site. Reservations are not confirmed until you have received a confirmation email with an e-ticket or voucher and there is the possibility that the Vendor can implement fraud examination mechanisms during the booking process. If fraud occurs or is determined to occur, then the booking will be void. Traveloka shall not bear any responsibility for such cancellations by the Vendor. If you choose not to submit additional information, reservations will not be completed and will be voided.

13.6.

For credit card payments, your credit card will first be authorized and stored in your company account. After the credit card has been authorized to be used for transactions in Traveloka for Corporate, all transactions that happen will automatically be considered as authorized and valid transactions made by your Entity.

13.7.

In the event of refund issues, including but not limited to, double refund or excess refund amount, Traveloka has the right to charge back the excess refund amount.

14.

RIGHTS AND OBLIGATIONS

14.1.

Traveloka 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 Traveloka 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 Traveloka 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 providing an accurate email and mailing address as well as other details of your contact information.

14.2.

You agree to not use the Site or the Content for commercial purposes or either directly or indirectly for other than your Entity use or for unlawful purposes (prohibited by law) or do any acts that violate these Terms. Except with the written consent of Traveloka, 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 Traveloka;

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 Traveloka;

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 Traveloka;

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, libelous or otherwise unlawful or tortious;

send spam or other unsolicited messages or otherwise cause nuisance, annoyance or inconvenience;

10.

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;

11.

send or store any material where prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;

12.

send or store any material containing software viruses, worms, trojan horses or other harmful computer code;

13.

imitate any person or entity for any purposes;

14.

manipulate or falsify information with the aim to disguise the origin of statements provided;

15.

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;

16.

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;

17.

obtain or attempt to obtain any materials or information by ways 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;

18.

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;

19.

any other action which may adversely affect or result in damage to the Site, Traveloka or its affiliates and employees, or Traveloka’s reputation;

20.

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

21.

use the Site to build a competitive product or service.

22.

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.

15.

INTELLECTUAL PROPERTY RIGHTS

15.1.

All intellectual property rights (“Intellectual Property Rights”), including but not limited to copyright, patents, domain names, trademarks, service marks, logos, symbols or other designs etc., in Content on the Site are owned by Traveloka and its affiliated companies or by the Vendors or other third parties that Traveloka 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 Traveloka. If you violate these rights, Traveloka reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.

15.2.

Traveloka 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 Traveloka’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. Traveloka owns copyright to the Site, and you must not use, possess, distribute or modify any of the Intellectual Property Rights owned by Traveloka and its affiliated companies without express approval from Traveloka.

15.3.

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 Traveloka.

15.4.

Traveloka 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.

15.5.

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.

15.6.

Traveloka 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 Traveloka of open source software and the Intellectual Property Rights of a third party are with the necessary licences or permits.

16.

CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

16.1.

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 Singapore, the Sender shall provide a temporary address in Singapore;

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

10.

The statement that the Sender subjects to Singapore law and that all claims, disputes, controversies or differences arising out of intellectual property rights infringement shall first be submitted to the Singapore 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.

16.2.

The letter must be signed by the sender and delivered physically and via email to the following address:

Wisma 77 Tower 1, 7th floor Jl. S. Parman Kav. 77

Jakarta 11410, Indonesia

16.3.

We will review and handle notifications in accordance with the above requirements and in accordance with Singapore law.

16.4.

You agree to not hold Traveloka responsible for losses or damages that may occur as a result of fraud, forgery or false accusations of intellectual property rights infringement.

17.

LIMITATION OF LIABILITY

17.1.

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;

17.2.

Nothing in these Terms limits or excludes:

•

a party’s liability for death or personal injury caused by such party’s negligence;

•

fraud;

•

any other liability to the extent it cannot be limited or excluded under applicable law.

17.3.

You hereby agree to indemnify and hold harmless Traveloka 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.

17.4.

The Site may contain links to websites operated by parties other than Traveloka. 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.

17.5.

Traveloka 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.

17.6.

In the event of termination, both you and Traveloka 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.

17.7.

Traveloka shall not be liable to you or any third-party for any termination or suspension of your access to the Site.

17.8.

You agree and consent to us collecting, using, disclosing and processing your personal data as set out in our Privacy Policy, available here.

18.

GOVERNING LAW

18.1.

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 the Republic of Indonesia.

19.

DISPUTES RESOLUTION

19.1.

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 arbitration at the Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia/”BANI”) in accordance with BANI rules

19.2.

These Terms shall constitute the entire agreement and understanding between you and Traveloka on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and Traveloka concerning the subject matter thereof.

19.3.

If you use the Site for or on behalf of a third-party (Third-party), such as a family member or a traveling 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 Traveloka 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.

19.4.

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.

19.5.

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.

19.6.

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.

19.7.

You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.

19.8.

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.

19.9.

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.

19.10.

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).Traveloka 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 Traveloka by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).

20.

FORCE MAJEURE

20.1.

Traveloka 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 disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, labor strikes, demonstrations, epidemic, pandemic, airline or hotel bankruptcy or insolvency, and cyber attacks.

20.2.

Traveloka shall not be responsible for any damages or losses caused by any means to any party because of the Force Majeure Event.