MENTAWAI
SANCTUARY - TERMS & CONDITIONS
1)
Validity
The prices listed by Mentawai Sanctuary (Great Breaks
International Ltd). (“the Company”, “we”, “our”, “us”) are
based on the costs and exchange rates current at the time
of publishing. The Company reserves the right to alter
these prices at any time. For trips departing between
January 1, 2008 and December 31, 2008, the land price of
your surf package is guaranteed when you have paid in full.
For trips departing after December 31, 2008, prices are
indicative only.
The itineraries and dates listed on our website are
applicable from January 1, 2008 until December 31, 2008.
After December 31, 2008 dates and itineraries are also
indicative only. All published information is accurate to
the best of our knowledge at the time of publishing, but
please note that changes to our trips (which can be
significant) can and do occur. The Company will make every
effort to keep the client informed of any changes, but
cannot be held liable for any alterations made to the
published itineraries. Please refer to our website for the
most recent update to any trip.
2)
Contract
To secure a booking, the Company requires a completed
booking form together with a deposit of 20% of the total
per person price of the trip or, if there are less than 60
days remaining until the trip is due to commence, the
Company requires full payment of the trip. A booking is
accepted and becomes definite only from the date when the
Company has confirmed acceptance by issuing the client with
a Trip Confirmation email. It is at this point that a
contract between the Company and the Client comes into
existence. Before your booking is confirmed and a contract
comes into force, the Company reserves the right to decline
any booking at their discretion. The contract is between
the Company and the Client, being the person named on the
booking form. The contract, including all matters arising
from it, is subject to Indonesian law and the exclusive
jurisdiction of the Indonesian Courts. No employee,
contractor or sub-contractor of the Company other than a
director has the authority to vary or omit any of these
terms or promise any discount or refund.
3) Payment for your
Holiday
The balance of all monies due, including any surcharges
applicable at that time, must be paid to the Company not
later than 60 days before departure. In the case of
non-payment of the balance by the due date the Company will
treat the booking as cancelled by the Client.
4) Cancellation by the
Client
Loss of monies paid applies to all cancelled reservations.
The date of trip cancellation is the date on which the
written cancellation is received by the Company. The loss
of monies paid is as follows, per person:
Cancellation 60 days or more prior to trip departure — Loss
of 50% of deposit
Cancellation between 30 and 59 days prior to trip departure
— 50% of total booking cost
Cancellation less than 30 days prior to departure — 100% of
total booking cost
No refunds will be made if you voluntarily leave a trip for
any reason after the trip has begun. The same applies if
you leave a trip or cannot fully participate in a trip due
to injury or illness. Refunds will be at the discretion of
the Company if you are involuntarily forced to leave a trip
for any reason. No refunds will be made for any
accommodation, transport, sightseeing, meals or services
not utilized. Refunds are subject to a 10% administration
charge to cover exchange rate losses, bank fees and
accounting overheads.
5) Cancellation by the
Company
The Company reserves the right to cancel any trip if the
trip does not attract the minimum number of clients
required to make the trip financially viable. The Company
will not, however, cancel a trip any later than six weeks
prior to the commencement of the trip. A proviso to this —
the Company reserves the right to cancel a trip at any
stage prior to the scheduled departure due to terrorism,
natural disasters, political instability or other external
events which make it unviable for the Company to operate
our planned schedule. In such a case, the Company will, at
its own discretion, refund the trip price only.
6) Booking
Amendments
If you wish to change your booking in any way, you must
contact us as soon as possible and we will accommodate your
request to the best of our ability. Surcharges may apply.
7) Substitution of a
Client
If any member of the party is prevented from traveling
because of the death, injury or serious illness of the
passenger, close relative or friend, redundancy or jury
service, it may be possible to transfer the booking to
another suitable person (acceptable to the Company)
provided that written notice is given at least 30 days
prior to departure. No fees will be imposed by the Company
for this change except in the case that costs are imposed
by the Company’s suppliers. Airlines may impose 100%
cancellation charges and the cost of a new ticket.
8) Surcharges
Prices on this
website that are not quoted in local currency are based on
a recent currency conversion rate. The Company reserves the
right to change the trip costs to take account of the
following items: government action, fluctuations in
currency exchange rates, and transportation costs,
including the cost of fuel, overflying charges, airport
charges and increases in scheduled air fares (where
applicable). The Company will not absorb any increase in
booking price should a surcharge be necessary. The Client
will have to pay necessary surcharges but if these result
in an increase of more than 10% of the trip cost excluding
insurance premiums and amendment charges the Client may
cancel the booking within 7 days notification of the
surcharge and obtain a full refund. No surcharge will be
imposed within 30 days of departure.
9)
Insurance
Travel insurance is mandatory for all clients whilst on a
trip organized by the Company. It is mandatory that this
travel insurance covers adequate personal accident,
medical, evacuation and repatriation expenses, as well as
cancellation, curtailment, loss of effects and all other
expenses that might arise as a result of loss, damage,
injury, delay or inconvenience occurring to the client.
Clients, together with their personal property including
baggage, are at all times solely at their own risk. Clients
are wholly responsible for arranging their own insurance.
When purchasing insurance, clients should ensure that there
are no exclusion clauses limiting protection for the type
of activities in their trip.
10) Passport, Visa and
Vaccinations
It is the responsibility of the Client to be in possession
of a valid passport (minimum of 6 months remaining before
expiry), visa permits, inoculations and preventative
medicines as may be required for the duration of the trip.
Information about these matters or related items is given
in good faith but without responsibility on the part of the
Company.
11)
Responsibility
You acknowledge that participating in our trips requires a
degree of flexibility, and understand that the route of a
trip, accommodation and modes of transport are subject to
change without prior notice due to local circumstances.
Should the Company deem it advisable to amend an itinerary
for any reason, it may do so by shortening, varying or
re-routing any trip. These changes are binding and
additional expenses will be charged to you if the reason
for any alteration is outside the Company’s control. While
traveling with the Company you agree to accept the
authority of the leader and/or local operator at all times.
You are aware that travel within a group may involve
compromise to accommodate the diverse desires and physical
abilities of group members. You understand that the Company
reserves the right to decline, accept, or retain any person
as a member of the group at any time. You acknowledge that
the Company contracts with a network of companies,
government agencies and individuals to assist in the
running of its trips. To the best of the Company’s
knowledge, these third parties are qualified to perform the
duties they are contracted to perform. However, the Company
will not be held liable for any injury including death,
damage, loss, delay or irregularity that may occur due to
the behavior of these third parties. The Company will not
accept responsibility or liability for any client who
contravenes any law or regulation of any country visited.
No employee, contractor, sub-contractor, servant or agent
of the Company has authority to vary these conditions. This
agreement is governed by the laws of Indonesia.
12) Expectations
The Company does
its utmost to ensure you a rewarding and enjoyable travel
experience with us. In the case where we offer coaching and
guiding, we also endeavor to provide you with the best
possible learning experience. We understand that
expectations vary greatly from person to person, however,
and we cannot guarantee to meet all the expectations of the
various people who attend our trips. By agreeing to these
terms and conditions you accept that the Company will not
be held accountable if our trips do not meet your
particular expectations. This includes, but is not limited
to, meeting your expectations regarding the quality or
quantity of snow, ski/snowboard areas, surf breaks,
beaches, rock climbing areas, mountain bike trails, and
kayaking waterways, the quality or quantity of coaching and
guiding, the quality or type of accommodation, the standard
or type of transportation, the style of trip leadership and
organization, and the extent of your improvement in
snowboarding, skiing, surfing, rock climbing, mountain
biking or kayaking.
13)
Dangers
Traveling with the Company may involve risks above and
beyond those encountered on a more conventional holiday.
Vacations involving snowboarding, skiing, surfing, rock
climbing, mountain biking and kayaking have inherent
dangers that can result in serious injury and even death.
Our use of guides and coaches can help to reduce these
dangers but it cannot eliminate them. You must be prepared
to accept the risks associated with snowboarding, skiing,
surfing, rock climbing, mountain biking, and kayaking if
you attend our trips. Likewise, you must also be prepared
to accept responsibility for your own actions during our
trips. Although our guides and coaches may provide you with
advice and directions it is ultimately your responsibility
to determine where your limits of capability and experience
are and to avoid crossing these limits. We will not be held
accountable for the choices and decisions you make during
our trips.
Our vacations may also involve dangers due to the countries
and regions we visit. The Company visits some geographical
regions where, among other things, the standard of
accommodation, transport, safety, hygiene, cleanliness,
medical facilities, telecommunications, and infrastructure
may not be of the standard that you are used to or would
find on a more conventional holiday. The safety of roads
and standard of driving practices may also be lower in some
of these regions relative to what you are accustomed to.
Although we do our utmost to ensure that our drivers adhere
to local driving laws and drive carefully and safely, we
cannot guarantee your safety while driving with us and will
not be held accountable for road accidents that occur
during your travels with us.
By agreeing to these terms and conditions you accept the
risks outlined in the above two paragraphs and fully assume
the risks of traveling with the Company. You agree to
release the Company from any liabilities connected to these
risks.
14) Release of
Liability, Waiver of
Claims, Assumption of Risks and Indemnity Agreement
(hereafter the “Release Agreement”)
By agreeing to this release agreement you will waive
certain legal rights, including the right to sue. Please
read carefully!
To: Great Breaks International, Ltd (Mentawai Sanctuary) .,
and their directors, officers, employees, agents,
independent contractors, subcontractors, representatives,
sponsors, successors and assigns (all of whom are hereafter
collectively referred to as “the RELEASEES”).
Assumption of Risk: I am aware that snowboarding, skiing,
surfing, mountain biking, rock climbing, kayaking and any
other activities offered by the Company involve the risk of
injury. I am aware that there is a risk of negligence by
the Company and/or the trip operator, including the failure
by the Company and/or the trip operator to safeguard or
protect me from or warn me of the risks, dangers and
hazards of skiing, snowboarding, surfing, mountain biking
rock climbing, and kayaking. I freely accept and fully
assume all risks, dangers and hazards associated with
participating in an Mentawai Sanctuary trip and the
possibility of loss, personal injury or death resulting
therefrom.
In consideration of booking an Mentawai Sanctuary. trip I
hereby agree as follows:
1) To waive any and all claims that I have or may in the
future have against the RELEASEES and to release the
RELEASEES from any and all liability for any loss, damage,
expense or injury, including death, that I may suffer or
that my next-of-kin may suffer as a result of an Mentawai
Sanctuary trip due to any cause whatsoever, including
negligence, breach of contract or breach of any statutory
or other duty of care, on the part of the RELEASEES, and
further including the failure on the part of the RELEASEES
to safeguard or protect me from or warn me of the risks,
dangers and hazards of participating in an Mentawai
Sanctuary trip.
2) To hold harmless and indemnify the RELEASEES from any
and all liability for any property damage or personal
injury to any third party resulting from my participation
in an Mentawai Sanctuary trip;
3) This Release Agreement shall be effective and binding
upon my heirs, next-of-kin, executors, administrators,
assigns and representatives, in the event of my death or
incapacity;
4) This Release Agreement and any rights, duties and
obligations as between the parties to this Release
Agreement shall be governed by and interpreted solely in
accordance with the laws of Indonesia and no other
jurisdiction; and
5) Any litigation involving the parties to this Release
Agreement shall be brought solely within Indonesia and
shall be within the exclusive jurisdiction of the Courts of
Indonesia.
Mentawai
Sanctuary
Operated by Great Breaks International Ltd
Ruttongee House
11 Duddell St
Hong Kong
Padang Office:
PT Mentawai Wisata Bahari
Jl Air Manis No 88
Bukit Gado Gado
Padang Selatan 25888
West Sumatra
Indonesia
Skype / AIM: elmaceh
Phone +62 751 767888
Fax +62 751 765010
http://www.mentawai.com