TERMS AND CONDITIONS OF TRAVELOKA PAYLATER AND PAYLATER CARD

WELCOME TO THE TERMS AND CONDITIONS FOR THE PAYLATER TRAVELOKA ("TRAVELOKA PAYLATER") AND PAYLATER CARD (“PAYLATER CARD”) FEATURES WHICH REGULATES THE TEMS OF USE AND ACCESS OF TRAVELOKA PAYLATER AND PAYLATER CARD FOR ALL TRAVELOKA USERS (“YOU”). PLEASE MAKE SURE YOU CAREFULLY READ THE TERMS AND CONDITIONS BELOW BEFORE USING TRAVELOKA PAYLATER T AND PAYLATER CARD ON THE TRAVELOKA SITE ("SITE") OR THE TRAVELOKA APPLICATION ("TRAVELOKA APP"). THE USE OF PAYLATER TRAVELOKA AND PAYLATER CARD ON THIS SITE OR THE APP TRAVELOKA IS ACCEPTANCE OF THE TERMS AND CONDITIONS AS MENTIONED BELOW.

By submitting, accessing and/or using a Traveloka PayLater or Traveloka PayLater Card, You acknowledge that You have read, understood and agreed to the terms and confitions stated below and other terms and conditions relating to Traveloka PayLater and Traveloka PayLater Card, including but not limited to the general Site Terms and Conditions, Privacy Policy, Traveloka FAQ, Traveloka PayLater FAQ and PayLater Card FAQ, which are an integral part of these Traveloka PayLater and Traveloka PayLater Card Terms and Conditions ("PayLater T&C").

Traveloka reserves the right to amend and/or updates this PayLater T&C to accommodate any change of rules and regulations, advancement of practical terms, change of features, and advancement of technology of Traveloka Paylater and PayLater Card. All amendments and updates to the PayLater T&C and its effective date stated on the beginning of the PayLater T&C will be posted on this PayLater T&C page. Hence, We recommend for You to regularly check this page of PayLater T&C to ensure that You are updated with the effective version of this PayLater T&C. If at a time You do not agree with the amendments and update of this PayLater T&C, We recommend for You to refrain from using the service of Traveloka PayLater or PayLater Card. You are deemed to have agreed with the following PayLater T&C if You are using the Traveloka PayLater and PayLater Card service.

This PayLater T&C is originally drafted in Bahasa Indonesia and the Bahasa Indonesia versio of this PayLater T&C shall henceforth be deemed as the original version of this PayLater T&C. The translation of these terms in English are provided to You strictly for Your ease of reference. In the event there are inconsistencies and/or ambiguities between the terms under the Bahasa Indonesia version and the English version, then the Bahasa Indonesia version shall prevail. If You are doubtful on the accuracy of information within the translation, kindly refer to the Bahasa Indonesia version of this PayLater T&C as the official prevailing version.

TRAVELOKA PAYLATER
Traveloka PayLater is a feature provided by Traveloka (“Traveloka” or “Us”) in cooperation with lending partners for the provision of loans, including but not limited to those listed under the following lending partner list (“Lending Partner”). You hereby declare that You have understood, and agreed to:
1. General
  1. Traveloka PayLater is a feature providing loans to Traveloka account holders to purchase products in installments using the loan facilities provided by the Lending Partner through the Site or Traveloka App.
  2. The applicable interest rate on loans provided through Traveloka PayLater ranges between 2.25% - 4.78%. For the avoidance of doubt, the determination of the interest on the Traveloka PayLater loan is entirely determined by the Lending Partner.
2. Lending Partners
  1. By using Traveloka PayLater You acknowledge that all considerations relating to providing loan facilities through Traveloka PayLater is the full right of the Lending Partner. Therefore, there are no phrase or terns in this PayLater T&C, on the entire Site or Traveloka App that can be interpreted as a promise or guarantee of an approval of Traveloka PayLater registration or disbursement.
3. Traveloka PayLater Account
  1. Your Traveloka PayLater account are intended to only be used by You. Your Traveloka PayLater account cannot be transferred, transferred or authorized to other parties.
  2. Traveloka has the full right to temporarily block, delete, change or deactivate Your Traveloka PayLater account upon our internal policy and for any reason without being obliged to notify the reason or make prior notice to You. We are not responsible for the loss, damage, or costs suffered by You as a result of any respective blocking, deletion, alteration or deactivation. Reasons for blocking, deleting or deactivating of Your Traveloka PayLater account may include but are not limited to:
    1. breach of any written prevailing terms on the use of Your Traveloka PayLater account, including but not limited to the loan agreement applicable to You and this PayLater T&C;
    2. prohibition in accordance to prevailing rules and regulations;
    3. fraud or theft (or indication or suspected fraud or theft);
    4. suspected of money laundering;
    5. suspected terrorist financing;
    6. suspicious transactions;
    7. inaccurate, wrong, or misleading information You provided;
    8. inappropriate behaviour, threat or insult;
    9. refusal to provide information;
    10. experience or technical obstacles;
    11. communication difficulties or damage;
    12. an order issued by the government or the relevant monetary institution or based on a court order issued in accordance with applicable laws and regulations; or
    13. if Your Traveloka PayLater account has been inactive for the past 12 months.
  3. By using Traveloka PayLater, all of Your information from both Your Traveloka account and the one You completed during the Traveloka PayLater registration process will be automatically forwarded by Traveloka to the applicable Lending Partners as the loan provider. After Your data has been processed by the Lending Partner and Your registration with the Lending Partner has been approved, You can use Your Traveloka PayLater account to purchase products using the Lending Partner facility.
4. Use of Traveloka PayLater Loans
  1. You can use Your Traveloka PayLater through the methods available on the Site or Traveloka App ("Disbursement Process"). By choosing to use the payment method using Traveloka PayLater, You have agreed to the loan agreement with the relevant Lending Partner.
  2. You hereby agreed that the Disbursement Process will involve transactions with the Lending Partner, therefore, if there is any disruption in relation to the applicable Lending Partner’s system, You hereby agreed to resolve this issue directly with the applicable Lending Partner, either with or without Our assistance. Please refer to our list of Lending Partners to get the Lending Partner’s customer service number.
  3. You are fully responsible for each Disbursement Process and payment of each instalments to the Lending Partners, including but not limited to the correct product and the correct bank account number to which the loan instalment is paid. Any loss and / or damage due to Your negligence and/or mistake in conducting the Disbursement Process or instalment payment is at Your own risk and responsibility. You hereby releases Traveloka and the relevant Lending Partner from problems arising from Your negligence and/or mistakes in completing the Disbursement Process and instalment payments.
  4. In the avoidance of doubt, the limit on Your Traveloka PayLater account is provided strictly for Your reference and transaction comfort in Traveloka PayLater and the said limit shall not be construed as a guarantee or commitment from Traveloka and Lending Partners to You on the availability of the said amount of funds to You at a point in time. Traveloka and Lending Partner reserves the right to determine and change Your Traveloka PayLater limit in accordance to the applicable internal policy at the time.
  5. You need to make sure You have the remaining limit on Your Traveloka PayLater to make product purchases using Traveloka PayLater. You cannot complete Your purchase using Traveloka PayLater if the remaining available limit is lower than the final transaction amount.
  6. The limit available on Your Traveloka PayLater cannot be cashed and/or transferred to another Traveloka PayLater account.
  7. Transaction history stipulated on the Site or Traveloka App shall be deem as conclusive proof of Your Traveloka PayLater account’s use.
  8. By using Traveloka PayLater’s service, You hereby acknowledge that You have read, understood, and agree to the Traveloka PayLater terms and conditions set by the relevant Lending Partner.
  9. By using the Traveloka PayLater service, You are aware of the risks associated with late payment of Traveloka PayLater installments which include but are not limited to (a) a late fee of 5% of the amount of Your loan will be charged to You each month of delay. (b) reporting late payment of the loan facility on Your behalf to the Financial Information Services System ("SLIK" or previously known as BI Checking).
5. Collection
  1. By using Traveloka PayLater, You have agreed that in the event of payment failure as stipulated in the applicable loan agreement, collection efforts will be made against You in accordance with prevailing laws and regulations.
  2. The entire Traveloka PayLater installment schedule shown on the Site and Traveloka App has the binding power and shall applies the same as a physical billing statement.
PAYLATER CARD
PayLater Card is a co-branding credit card issued by PT Bank Rakyat Indonesia (Persero) Tbk (“BRI”) collaborating with Traveloka Group, to be offered to selected Traveloka PayLater users.
1. General
  1. By submitting a PayLater Card application, You are subject to the terms and conditions in the PayLater T&C, BRI Credit Card Guide Book and other conditions applicable at BRI and Traveloka.
  2. All data, information and documents that You submit through the Traveloka App and Site for the purposes of issuing a Paylater Card credit card, including data that You have previously submitted for Traveloka Paylater are accurate.
2. BRI Terms
  In connection with the issuance of this PayLater Card, we hereby convey BRI's provisions relating to the management of the PayLater Card. The provisions below may be amended in accordance to the decision of BRI as the PayLater Card issuer. If there is any inconsistency between the conditions stated below and those submitted directly by BRI, the provisions submitted by BRI are considered valid and the following conditions are deemed to be amended in accordance to the provisions submitted by BRI.
  
  In issuing and managing this Paylater Card credit card, You hereby understand and agree that:
  1. BRI has the right to process requests and documents that You have sent relating to the application of this Paylater Card. After Your application of PayLater Card, Your personal data will be managed and processed by BRI as long as You use PayLater Card;
  2. BRI has the right to obtain and verify the authentication of the data, documents and/or information that You provide from any party, including the authorities or government bodies (regulators) relating to the submission and issuance of Paylater Card;
  3. BRI has the right to temporarily block Paylater Card in connection with fulfilling Your obligations as a card holder and / or investigation interest in connection with the misuse of this card;
  4. BRI has the right to block / debit / withdraw Your card, current account, deposit or savings in BRI to settle Your obligations arising from BRI card users (primary or supplementary cards), by disregarding the enactment of the provisions of article 1832 of the Civil Code.
  5. BRI has the right to use, utilize and inform Your personal data to other parties who collaborate with BRI in connection with the implementation of commercial or non-commercial programs to improve features, facilities and/or services to You as a PayLater Card holder, including but not limited to on Your credit card transaction data at Traveloka and other merchants using Paylater Card Credit Cards, including but not limited to submitting Your telephone number to BRI partners for sending PayLater Card cards.
  6. BRI has the right to obtain, use and utilize information, details and proof of Your Paylater Card transactions at Traveloka merchants in relation to the benefit of organizing the program in the form of BRI features, facilities and/or services and other interests related to providing PayLater Card services to You in observance to and compliance with prevailing personal data protection laws and regulations.
  7. BRI has the right to inform cardholders about products, programs and other activities related to the enhancement of BRI's features, facilities and / or services to You as cardholders through written media (electronic or non-electronic) both directly and through third parties.
  8. You are willing to voluntarily surrender Your assets to the BRI Card Center to compensate, sell or disburse these assets to settle all Your obligations if You are found to be negligent in carrying out obligations arising from the use of Your PayLater Card.
  9. You have the right to file a refutation of the transaction that was billed to You, to obtain proof of the validity of the transaction. If in the future the transaction that You deny is proven to be valid by BRI, BRI has the right to debit Your credit card account for the amount of the transaction You have refuted.
  10. You as the card holder must immediately contact BRI to prevent misuse of the card by unauthorized parties if Your PayLater Card is lost or stolen. All transactions that occur before the reporting are Your full responsibility.
  11. Cardholders are not permitted to transfer the obligation to pay PayLater Card bills to other parties.
  12. You are responsible for the security of the PayLater Card and transactions that occur including misuse, counterfeiting and duplication that results to crime. You hereby indemnify BRI, Traveloka and its affiliates for any losses suffered or may be suffered by You and/or other third parties in connection with the misuse, counterfeiting and duplication caused by Your negligence in maintaining the security of Your PayLater Card.
Complaints
1. Traveloka is not responsible for losses arising from the misuse of Your Traveloka account or Traveloka PayLater account that arises in the period before You report on the lost of control of Your Traveloka Paylater account and in connection with PayLater Card, also losing control of Your PayLater Card.
2. If You have a complaint regarding Your Traveloka PayLater account or Your PayLater Card management features on Your Site or Traveloka App, You can submit a complaint to Traveloka Customer Service. All complaints relating to the provision of facilities or use of the PayLater Card are recommended to be directly submitted to the Lending Partner or BRI, as applicable.
3. All complaints regarding Traveloka PayLater and PayLater Card that You submit to Traveloka Customer Service are considered ressolved if there is no response back no later than 3 (three) working days from the last correspondence from Traveloka. If there are further complaints submitted after 3 (three) working days, the handling of the complaint will be reopened.
Rights and Obligations
For the use of PayLater, the rights and obligations applicable will be amongst others:
1. Traveloka has the right to suspend, close, and / or stop the Traveloka PayLater feature on the Site and/or Traveloka App for an unspecified period of time for maintenance purposes, and other destinations deemed valid by Traveloka, with or without prior notice to You.
2. Traveloka has the right to suspend Your Traveloka PayLater account and/or PayLater Card if there is a dispute between You and a third party regarding Your Traveloka PayLater or PayLater Card account until the dispute has been fully resolved.
3. You are required to immediately provide information to Traveloka for any changes to Your personal information such as Your name, e-mail address, phone number, and other information that is different from what You previously submitted. We are not responsible for losses caused by Your failure to update Your personal information in our system.
4. You are fully responsible for the use of Your Traveloka PayLater and PayLater Card accounts.
5. You will be solely responsible for sending, notifying or communicating any information, data or communication stored, uploaded, sent or issued during the period in which You are using (logged in) with Your Traveloka PayLater account (both authorized and unauthorized). All information is assumed and assumed to be stored, uploaded, sent or issued by You. You agree to indemnify and release Traveloka, Lending Partner, BRI and its affiliates from any loss, damage, costs and/or liabilities for all actions resulting from being saved, uploaded, sent, or issued as long as You use Traveloka PayLater account and Your PayLater Card.
Prohibition
1. In relation to the use of Your Traveloka PayLater account or PayLater Card, You agree that You are prohibited:
  1. to violate these PayLater T&C, privacy policies or other policies that exist on the Site or Traveloka App;
  2. to violate laws, regulations or third party rights;
  3. to violate the copyright, patent, trademark, trade secret or intellectual property rights of any third party or any third party, or the right of publicity or privacy;
  4. to impersonate a person or entity or intentionally mention or misrepresent Your affiliation with another person or entity;
  5. to act in a way that defiles, defames, threatens or harasses;
  6. to provide false, inaccurate or misleading information;
  7. to unreasonably refuse to cooperate in the investigation or to provide confirmation of Your identity or other information requested by Traveloka, BRI, Lending Partner and affiliates;
  8. to use anonymous proxies;
  9. to control customer accounts connected in any way to other accounts that have or are suspected of being involved in activities that are restricted under PayLater T&C;
  10. to use the Site, Traveloka App, Your Traveloka PayLater or PayLater Card account in a way that results in or can cause complaints, disputes, claims, fines, penalties and other obligations to Traveloka, other customers, our business partners, or other third parties;
  11. to take actions that impose unreasonable or disproportionate large burdens on our infrastructure or other actions that will create material risks or problems for our infrastructure;
  12. to try to gain unauthorized access to or interfere with or disrupt other computer systems or networks connected to Traveloka;
  13. to intentionally or negligently, doing something that can cause us to lose service from internet service providers, payment processors, or other suppliers;
  14. to interfere with the use of Traveloka or Traveloka PayLater by other parties;
  15. to circumvent or manipulating cost structures, billing processes, or fees that must be paid to Lending Partners or BRI;
  16. use a Traveloka PayLater or PayLater Card account for, or in connection with, any illegal purpose or criminal activity;
  17. use a Traveloka PayLater or PayLater Card account to facilitate the sale or purchase of goods and/or services that violate intellectual property rights or other ownership rights of third parties or prohibited goods and/or services; or
  18. facilitate illegal activities or violate any law or fraud.
2. If we feel suspicious that You are involved in a restricted activity as mentioned above, we may, without prior notice and any responsibility to You, take the following actions:
  1. report suspicious or illegal activities to the authorities;
  2. cancel or reject a transaction;
  3. suspend or close Your Traveloka PayLater and PayLater Card accounts;
  4. apply, at our own discretion, prevention and detection procedures and refuse to carry out transactions if there are suspicious reasons that the customer's account is used or can be used for illegal, illegal or fraudulent purposes; or
  5. take further steps that we can, at our sole discretion, deem necessary, including taking legal action against You.
Representations and Warranty
By accepting PayLater T&Cs, You hereby represent and warrant that:
1. You have not violated any applicable law or regulation through the use of Your Site, Traveloka App, Traveloka PayLater account and/or PayLater Card;
2. You will access and/or use Traveloka PayLater and/or PayLater Cards only for legitimate purposes, in legal ways, and in good faith at all times;
3. You agree to defend, compensate and indemnify Traveloka, Lending Partners, BRI and all affiliates and authorized representatives of claims, requests (including legal fees and fees), fines, penalties or other obligations incurred due to or arising from a breach of statement and this guarantee; and
4. You will ensure that any information or data that You store, upload or display on Your Traveloka PayLater and PayLater Card is accurate and that You will update any changes to Your data and information on Your Traveloka PayLater and PayLater Card account as soon as possible.
Limitation of Responsibilities
1. Traveloka are not responsible for losses, expenses, costs (including expenses and legal costs), compensation or penalties incurred (regardless of the form of action) arising, directly or indirectly, in connection with:
  1. Your limited access, use and / or inability to use Traveloka PayLater or PayLater Card includes but is not limited to the following:
    1. if You do not have sufficient limits on Your Traveloka PayLater account or on Your PayLater Card to make purchases using the Traveloka PayLater or PayLater Card facilities;
    2. if Your Traveloka PayLater account has been compromised, or if we have reason to believe that Your Traveloka PayLater account has been compromised;
    3. if the transaction information provided by You or a third party is incorrect;
    4. if circumstances beyond our control (force majeure) prevent Your transaction;
2. dependence on data or information available through Traveloka PayLater or PayLater Card. You may not act on this data or information without first verifying the contents;
3. failures, errors, interruptions, transmission delays, computer viruses or codes, harmful agent or macro programs, damage or other disruptions to the system, server or connection; and
4. use or access to the Site, Traveloka Apps or web pages related to Traveloka PayLater.
Indemnity
You hereby agree to indemnify and not blame Traveloka and its employees, affiliates, staff and partners, from and against any and all claims, liabilities, damages or losses including legal costs, incurred as a result of third party claims relating to:
1. Your use of Traveloka PayLater or PayLater Card;
2. content provided, provided or accessed through Traveloka PayLater or on providing PayLater Cards;
3. Your violation of the PayLater T&C; (d) violation of other rights or obligations; and/or
4. setiap tindakan atau kelalaian oleh Anda, baik lalai, melanggar hukum atau lainnya.
Termination
1. We may, at sole and full discretion, suspend or terminate Your access to Your Traveloka PayLater account (or any part thereof, including but not limited to features related to PayLater Card) for any reason, including but not limited to if we believe that You have violated the terms or condtions listed for use of the Site, Traveloka App, or Traveloka PayLater or if in our opinion or the opinion of the competent authority it is not appropriate for us to provide Traveloka PayLater features.
2. You can close Your Traveloka PayLater account by giving us prior notice. After receiving notice of termination, we will consider Your notice as an official request to us to close Your Traveloka PayLater account and will close Your Traveloka PayLater account within 7 (seven) days.
3. If there is evidence of misuse of Your Traveloka PayLater account or PayLater Card, we reserve the right to close and block Your Traveloka PayLater account including the Traveloka PayLater feature in connection with the PayLater Card.
4. We do not guarantee that You will be approved to have a Traveloka PayLater account after we close Your Traveloka PayLater account.
Governing Law and Dispute Resoltion
1. These terms and conditions must be translated, interpreted and enforced in accordance with the laws of the Republic of Indonesia.
2. In the event of a dispute arising out of or in connection with the PayLater T&C, the two Parties will first discuss in good faith to reach a peaceful settlement within 20 (twenty) days from the date of dispute notification. However, if the dispute cannot be resolved peacefully within 10 (ten) days, the Parties will agree to the method of disputes resolution outside the court.
Force Majeure
1. Traveloka will not be responsible for performance that is not carried out by You, such as transaction failure, limited access to the Site, or any damage or danger to the user caused by any action or condition beyond reasonable control either by You or us ("Event Force Majeure "). Force Majeure events include but are not limited to natural disasters (floods, earthquakes), epidemics, pandemics, riots, declarations of war, war, military action, terrorist acts, embargoes, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, strikes, demonstrations, bankruptcy or bankruptcy of Lending Partners.
2. Traveloka will not be responsible for any damage or loss caused in any way to any party if Traveloka PayLater is unable to process Your request or performance due to Force Majeure Events.
General
1. For the avoidance of doubt, our Lending Partners and BRI are the parties entitled to agree to grant of the Traveloka PayLater facility on the Site and / or the Traveloka App and PayLater Card.
2. You must be aged between 21 (twenty one) years to 70 (seventy) years and have a valid Traveloka account to use Traveloka PayLater and PayLater Card.
3. If You use Traveloka PayLater for or on behalf of a third party ("Third Party"), such as a family member or travel companion, You are responsible for any errors in the accuracy of the information provided in connection with it. In addition, You must notify the Third Party of all applicable terms and conditions. When using Traveloka PayLater for or on behalf of a Third Party, you agree to indemnify and release Traveloka from and against any obligations, losses, damages, and claims including legal costs, incurred or related to violations of the PayLater T&C or negligence by You and/or third parties.
4. PayLater provisions are originally drafted in Bahasa Indonesia. Any translation to another language is for convenience and information purposes only. If there is a conflict between the Indonesian language version and the translation, the Indonesian language version will prevail. The title in the Traveloka PayLater T&C is inserted only for convenience and will not affect the interpretation or construction of the PayLater T&C.
5. If a Traveloka PayLater provision is determined to be unworkable or invalid, by the competent court or authorities, the provision must still be enforced to the maximum extent permitted by applicable law and the decision will not affect the validity and application of the rest of the other provisions. The invalid provisions must be replaced with provisions is as identical as many of the original words and intentions as possible.
6. Failure by either party to enforce PayLater T&C, at any time, cannot be considered as a waiver of each party's right to enforce violations of these provisions or any other provisions in the PayLater T&C or as a waiver of all violations that continue, subsequently, or after that on the terms or other terms of these PayLater T&C.
7. You cannot surrender or assign Your rights or obligations under the PayLater T&C, without our prior written consent.
8. Notices given in accordance with PayLater T&C are deemed sufficient if given in writing and forwarded by registered mail or electronic delivery service or equivalent to one of the parties (at our registered address, or other notice).
9. By using Traveloka PayLater, You acknowledge that we need to comply with additional terms and conditions provided by Lending Partners, BRI and other business partners that may apply to certain products.
10. With regards to the identity verification process for the purpose of obtaining one of the required component in considering whether to provide loan, Your personal data, in the form of demographic data and/or biometric, will be examined by PT Indonesia Digital Identity (VIDA) as our partner, in comparison to the data recorder in the system of the institution authorized to issue such identification. If Your personal data’s compatibility is verified, then VIDA as the Electronic Certification Provider acknowledged by the Ministry of Communications and Informatics, will issue an electronic certificate as evidence that Your personal data has been verified and is in accordance to the data registered in the system of the institution authorized to issue such identification. The VIDA Electronic Certificate Policy and/or Electronic Certificate Practice Statement can be accessed through https://repo.vida.id.
Privacy Policy
1. Traveloka, Lending Partners and BRI have the right to manage, transfer and provide access to third parties Your personal data to the extent of managing, improving the quality and providing Traveloka PayLater and PayLater Card facilities to You. If You object to the transfer of information and granting access to the designated third party of Your personal data, You may submit an objection or request to be excluded from Traveloka Customer Service and/or applicable Customer Service to each of the respective Lending Partners or BRI.
2. Unless specified otherwise in these PayLater T&C, all policies on Your personal data are subject to the Privacy Policy that applies to the Site and Traveloka App.