TERMS OF USE
Latest update on February 28, 2024
THESE TERMS OF USE MUST BE READ BEFORE USING THE SITE. THE USAGE OF ANY
PART OF THE SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE.
The website www.traveloka.com and the Traveloka application
("Site") is managed indirectly by TVLK Services Co., Ltd.
("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, please do not access or use any part of the Site.
These Terms constitute a binding legal agreement between you as an
individual user (“you” or “your”) and
Traveloka. You must reach the legal age and be fully competent under the
applicable law to use the Site.
Please note that we may change or modify 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. We will make efforts to
provide notice or send you a notification of the updated Terms on the
Site. Please return to this page, on or before your use of or transacting
on the Site, to acknowledge and agree on the most current version of the
Terms. The latest version of the Terms will supersede all previous
versions.
SCOPE OF OUR SERVICES
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Through the Site, Traveloka provides an online platform where you can
browse different types of products including but not limited to
flights, train and other transportation services, temporary
accommodation or hotel, event entrance tickets, tourist attraction
entrance tickets, tour packages, experiences and tours, or other
products (“Services”). Users can make bookings of
services provided by hotels, airlines, train or other transportation
operators, events promoters, tourist attraction operators, travel
agencies, telecommunication operators and/or any other service
providers (“Vendors”) on the Site. By booking through
the Site, you will be able to book and/or purchase the available
products of the Vendors on the Site. We will provide a booking
confirmation via email. We reserve the right to cancel or modify the
booking in accordance with these Terms.
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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 updated, and we are not responsible for any
errors (including placement and typing errors), obstruction (either
because of temporary and/or partial, damage, reparation or improvement
to the Site or otherwise), inaccurate, misleading or false information
of Vendors or non-delivery of information by Vendors.
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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, contact our Customer Service and they will
assist you.
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In providing the Services we provide an online platform to connect you
with Vendors. To the extent permitted by law, we are not responsible
or liable for the acts or omissions of a Vendor, and you have sole
responsibility for any obligations or liabilities to Vendors. We do
not make any representations and should not be construed as making any
recommendations or suggestions of the level of service quality or
rating of the Vendors listed on the Site, and in no event shall we be
responsible or liable for any information, content, products, services
or other materials provided or made available by Vendors. Rankings of
Vendors displayed to you depends on the keywords, target destination,
travel date, availability, types of services and filters that you fill
in during your search on the Site which we believe that you will
experience convenience and satisfaction in choosing the products of
the respective Vendors in accordance with your request. In addition to
the foregoing, Vendors may be introduced in the form of different
classes based on factors including but not limited to their
popularity, locations, price, property types, reviews, star ratings,
promotion and specific marketing campaign and program that each Vendor
participated with us. The given ranking is calculated based on
automated algorithms that can be updated and changed at our sole
discretion.
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To the extent permitted by law, we reserve the right not to accept, to
reject or not to proceed with your booking (or in certain cases cancel
the booking confirmation) in any of the following non-exhaustive
events:
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the product you have booked, reserved or purchased is no longer
made available by the Vendor;
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your failure to pay the outstanding value of the product you
booked, reserved or purchased or either Vendor or Traveloka cannot
collect such balance on the specified or due date caused by your
fault, intentionally or negligently;
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the outstanding value of the product you booked, reserved or
purchased has not been successfully paid, credited or debited from
your account, credit card, debit card, wallet, or by any
alternative payment methods, or such payment cannot be made due to
error occurred by a bank system or payment provider facilities
either on or off the Site;
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provide inaccurate, erroneous or misleading information at the
time of booking;
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a force majeure event; or
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an occurrence of a technical issue on the Site, including
miscommunication of price and details of a Product advertised on
the Site which error is or should have been apparent to you, or no
reasonable person would see it as an appropriate price considering
commercial reality or service which can be provided by a Vendor in
practice; or
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any events listed under Clause 10.1.
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Every payment related to the booking or reservation of the Services
shall be made directly to Traveloka’s bank account or Traveloka
payment channels. Except where Traveloka is required to hold such
payments 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
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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.
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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
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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.
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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
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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 required travel documents, such as your
passport, e-ticket, e-voucher, and any other reasons caused by you.
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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.
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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
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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
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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.
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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.
ADDITIONAL CHARGES & REFUNDS
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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 there is a discrepancy in the amount
paid, Traveloka will provide an email notification of the amount to be
paid by you. In the event that you cancel the booking before paying in
full any existing shortcomings, Traveloka will refund the amount paid
or, subject to any applicable rights you may have at law, refund an
amount reduced by the reasonable costs incurred by Traveloka as a
result of the non-payment. If you have any questions about the
Services, you can contact our Customer Service. For any other
cancellations, subject to any applicable rights you may have at law,
Traveloka will work with you to refund amounts already paid by you,
reduced by the reasonable costs incurred by Traveloka (e.g. inter-bank
transfer fees). Refunds may not be immediate depending on your initial
mode of payment. Refunds will be made by means of credit card
chargeback if this option is available and you request it.
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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.
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Traveloka is not responsible or liable for any cancelled issuing of
e-tickets, e-vouchers, or other transactions caused by inaccurate
transfer amounts, or exceeding the time limit for transfers or any
payment that is not being made directly to our bank account or payment
channels.
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Subject to the terms of the payment processing facilities, we will
principally process your refunds, both voluntary and involuntary, by
reversing the refund through the original payment method you used to
pay for the Confirmed Booking. If your refund cannot be reversed
through the original payment method that you used, or you used a bank
transfer or made payments via our offline payment partners as your
original payment method to pay for the Confirmed Booking, we will
transfer the refund solely to a valid and designated bank account that
you have registered on the Site when submitting the refund request
(“Designated Bank Account”). Please click
here
to review our terms and conditions for Designated Bank Account, which
also governs your use of the Site.
ADDITIONAL CHARGES FROM HOTELS
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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.
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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.
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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.
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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.
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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.
USER ACCOUNT
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You must create an account to use the Services. We will collect and
process your personal information, such as your name, electronic mail
(e-mail) address, and your mobile phone number when you register to
set up an account. You must provide us with an accurate, complete, and
latest information and agree to provide us with any proof of identity
that we may reasonably request. Please refer to our Privacy Notice (here) on how we collect and process your personal data for your account
registration purpose in accordance with our know-your-customer (KYC)
process.
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Only you can use your own account and you represent and warrant that
you will not authorize any other party to use your identity or your
account for any reason, unless permitted by Traveloka.
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You cannot assign or transfer your account to any other party.
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You must maintain the security and confidentiality of your account
password and any identification we provide to you. In the event of any
disclosure of your password, in any way whatsoever resulting in any
unauthorized use of your account or identity, order(s) received from
such unauthorized use shall still be considered as valid orders and we
will process such order(s). Subject to any rights you may have at law,
you hereby declare that Traveloka is not responsible for any loss or
damage arising from the misuse of your account in accordance with this
Clause 9.4.
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If you no longer have control over your account, you are required to
immediately notify us (e.g., your account is hacked in any way or your
phone is stolen) so we can temporarily block and/or inactivate your
account. Please note that you are responsible for your use of your
account and may be liable for your account even if your account is
misused by others.
SUSPENSION OF SERVICE AND DELETION OR DE-ACTIVATION OF USER ACCOUNT
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We will, at our discretion, suspend or temporarily block your account
and prevent you from using and transaction on the Site, Products and
Services if we find or reasonably believe that you:
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have breached these Terms;
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have not complied with specific terms and conditions specified by
the Vendors;
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violate any applicable laws;
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misuse, engage in fraudulent or improper activity for other
purposes or benefits other than the objective of the Site and
Services provided by us;
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engage in unlawful or unethical behaviors either directly
benefiting through the system bugs or by deploying third party
plug-ins, or in any manners whatsoever do not follow the rules set
out in the relevant terms of the products properly;
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conduct or are involved in any criminal or illegal activities;
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act in an inappropriate behavior, threaten, insult, post any
improper content, or refuse to cooperate with us in relation to
your use of the Site, products or Services; or
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are listed on any “blacklists” or “watchlists” published by
governments or international organizations or subject to any
international sanction program or economic restriction.
We will promptly notify you in writing on the Site, by email or to
your mobile phone number, on or before we suspend providing you our
service on the Site or temporary block your user account, the reason
associated with the suspension or blockage of your user account
including your breach of these Terms or any of the foregoing
activities. After you receive our notice, you may within 7 (seven)
working days make any clarification to us of the incidents and/or
rectify such breach, behavior or non-compliance through any contact
channel designated under Clause 22.1. We will undertake proper
examination of the incidents, or request additional facts and
information, and get back to you of any suggestion, instruction and/or
revocation of the suspension or blockage within the timeframe
specified under Clause 22.2.
If we revoke the foregoing suspension or blockage of your user
account, you will be able to resume using your account, our Services
and transacting on the Site within 7 (seven) working days.
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In any of the following cases, we may, at our sole discretion,
immediately delete or de-activate your user account and permanently
prevent you from using our Site and Services, if we are of our view
that such action may impact the Services, operation of the Site,
products offered by Vendors or our reputation or our business
operation:
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you materially commit, breach or violate any of the activities
listed under Clause 10.1;
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you have not rectified your breach of these Terms or complied with
our instruction or request in relation to examination process
during the suspension period; or
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you used to be suspended or blocked by us under Clause 10.1 and
repeatedly commit any of the foregoing activities regardless of
whether such action falls under the same or different list of
prohibited activities, or we have repeatedly been unable to
collect your payments due to your fault, intentionally or
negligently.
We will promptly notify you in writing on the Site, by email or to
your mobile phone number, after your account is deleted or
de-activated, you may within 7 (seven) working days make any
clarification to us of the incidents and/or rectify such breach,
behavior or non-compliance through any contact channel designated
under Clause 22.1. We will undertake proper examination of the
incidents, or request additional facts and information, and get back
to you of any suggestion, instruction and/or revocation of account
termination within the timeframe specified under Clause 22.2.
If we revoke the foregoing termination of your user account, you will
be able to resume using your account, our Services and transacting on
the Site within 7 (seven) working days.
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The foregoing suspension, blockage, delete or de-activation of your
account will not affect your Confirmed Bookings made before we
undertake the foregoing actions, unless we cancel your Confirmed
Bookings as permitted by these Terms.
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During the suspension of our Service or blockage of your user account
or after your account is deleted or de-activated, you shall not create
another account, and you shall not transact on the Site. If we detect
or suspect your attempt to do so or find any bookings under your name
or your contact detail, we reserve the right to cancel any Confirmed
Booking you make during such suspension or after your account is
deleted or de-activated and forfeit any outstanding refund that we may
obtain from a Supplier. You will be fully liable for any loss or
damage resulting from the foregoing cause and suffered by us.
MEMBERSHIP PROGRAM
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By registering with Traveloka, you will automatically be a member of
our loyalty program named “Traveloka Priority” operated by Traveloka.
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As a member of Traveloka Priority, you will gain access to the points,
promotions, discounts, features, or other benefits offered by
Traveloka and/or third party merchants as made available from time to
time on the Site. For avoidance of any doubt, we may, to the extent
permitted by law, from time to time, change, remove, or make
unavailable part or whole points, promotions, discounts, features, or
other benefits offered by us in accordance with applicable laws,
provided that we provide reasonable prior notice of changes on our
website.
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For full information regarding points and its qualification, please
refer to
https://www.traveloka.com/en/loyalty-points.
PAYMENT DETAILS AND PROCEDURES
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Payments are made in the amount and currency as stated, not including
bank fees or any other charges by Traveloka.
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In consideration of facilitation with your booking, we may, at the
same time of your payment for the products you book, charge additional
fees including bank and credit card fee, convenience fee, facilitation
fee and other types of service fees to your payment including value
added tax, stamp duty and/or other applicable taxes (if any) imposed
on the price of the products or such additional fees charged
altogether during the payment process. To the extent permitted by the
applicable laws, such taxes and fees are non-refundable.
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If a hotel or city destination charges taxes, those taxes are the
responsibility of the user.
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For all forms of reservations, you must make payment within the
specified time limit. If the payment is not made, then Traveloka
reserves the right to cancel all reservations.
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Payment methods include but are not limited to bank transfer and
credit card. For payment by bank transfer, you must provide the bank
transfer receipt as proof of payment of reservations listed in the
Traveloka confirmation email. You must follow the procedures contained
in the confirmation email.
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For other payment methods such as credit card, you must follow the
procedures stated by Traveloka and/or the relevant payment service
provider.
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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.
PAYMENT BY CREDIT CARD & FRAUD
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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.
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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, 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.
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To make a reservation you must reach the legal age under the laws of
Thailand and have full legal capacity to make the transaction . You
must use a credit or debit card that you own, issued in your name, 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.
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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.
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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.
RIGHTS AND OBLIGATIONS
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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.
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You agree to not use the Site or the Content for commercial purposes
or either directly or indirectly for other than personal use or for
unlawful purposes (prohibited by law) or do any acts that violate
these Terms. Except with the written consent of 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:
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use the Site or the Content for commercial purposes without permission
from Traveloka;
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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;
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perform any action that imposes or may impose, an unreasonable burden
on the Site or Site infrastructure;
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make a major link to the Site (including but not limited to the
booking path) for any purpose without the written consent from
Traveloka;
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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;
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reproduce the Site (through a "frame" or "mirror") or set up a part of
the Site on any other website without prior written consent;
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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;
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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;
-
send or store any material that may infringe upon the intellectual
property or other rights of a particular entity or person, including
but not limited to copyrights, patents, trademarks, trade secrets,
confidential information or publications;
-
send or store any material where prohibited by applicable law or
violate the rights and obligations that exist based on the contractual
relationship;
-
send or store any material containing software viruses, worms, trojan
horses or other harmful computer code;
-
imitate any person or entity for any purposes;
-
manipulate or falsify information with the aim to disguise the origin
of statements provided;
-
use the Site in any manner which could damage, disable, obstruct, or
interfere with the use of the Site or other users of computer
equipment, or cause damage, disruption or limit the functionality of
the software, hardware or telecommunications equipment;
-
gain unauthorized access or perform unauthorized modification to the
Site or other related website, other accounts, computer systems,
networks connected to the Site through hacking, password theft or
other similar matters;
-
obtain or attempt to obtain any materials or information 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;
-
engage in fraudulent acts or actions that aim to manipulate a search
engine results page (“SERP”) or perform search engine optimization
(“SEO”). SEO practices considered unethical or to constitute
"spamdexing" include but are not limited to cloaking, metadata, title
tags, content scraping, link schemes, google bomb, search keywords,
hidden text or hidden links, link schemes, comments containing spam
and other matters;
-
any other action which may adversely affect or result in damage to the
Site, Traveloka or its affiliates and employees, or Traveloka’s
reputation;
-
modify or make derivative works based on the Site and/or the Services,
or reverse engineer or access the underlying software for any reason;
or
-
use the Site to build a competitive product or service.
-
By placing an order through the Site, you hereby represent and warrant
that you are not subject to any prohibitions or restrictions by any
sanctions program, or subject to any penalties under any anti-money
laundering regime.
RIGHTS TO USER CONTENT
-
By completing a booking, you hereby agree to receive email containing
an invitation to provide survey, reviews or content reviews with
respect to our Site and Services provided by us, the selection of
Vendors and services you experienced, which you may decide to provide
us your review at any time of your convenience. Traveloka has sole
discretion whether your review will appear on the Site. We will
initially screen, filter and detect the content of your review by
using potential keywords through our algorithmic system and by having
our staff considered the check list under Clause 15.2 to prevent any
improper or illegal content on the Site. Traveloka can display the
review and any adjustment, which may contain comments, your experience
and your name.
-
In providing a review, you agree to ensure that:
-
you own and control all of the rights to the reviews that you provide
to the Site;
-
you grant us a perpetual, irrevocable, royalty-free, worldwide,
sub-licensable and transferable license to use your reviews, including
all intellectual property rights therein, in connection with our
business operations including the operation and management of the
Site;
-
the content of the review is accurate and contains no
misrepresentations;
-
the content or reviews shall be provided in neutral language and shall
not contain elements which are in any way that is pornographic,
offensive, politically endorsing, racist, ethnically offensive,
sexually explicit, immoral, defamatory, intrusive of privacy or
illegal; or in a manner which endorses violence or acts of terrorism,
adult entertainment services or venues, tobacco products, medical
products for treating health issues related to sex, mental condition
or terminal illness, dating websites or apps, is discriminatory
towards race, gender, religion or faith; and
-
the use or performance or transmission of the content of the review
does not violate these Terms or applicable laws and regulations, you
are not violating any third party’s rights, and you are not causing
injury to any party.
-
You must bear all responsibility for the content of the reviews that
you provide or submit.
-
Reviews provided by you will be deemed to not contain confidential
information and Traveloka shall have no obligation to treat any review
as confidential information. Without limiting the other provisions
contained in these Terms, Traveloka has sole discretion to use reviews
as deemed appropriate including but not limited to removing, cutting,
modifying, or otherwise editing the review. Traveloka shall have no
obligation to pay for the content that you submit in a review,
including but not limited to content review that has been changed,
eliminated or cut. Traveloka shall have no obligation to provide or
include or mention authors or other third parties.
-
In any case, you hereby agree that with respect to the content of your
reviews:
-
you do not require any attribution or identification on any derivative
works;
-
you consent that all content of reviews submitted to Traveloka may be
used by Traveloka and its employees, successors, and transfer
recipients in any way, at any time. This includes but is not limited
to publishing and reproduction of the review; and
-
you hereby waive all rights and agree not to claim any rights in any
review.
INTELLECTUAL PROPERTY RIGHTS
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
-
If there is evidence of violations of your intellectual property
rights, you or your representative (collectively, the
"Sender") may send a notice containing the relevant
details of the infringement and your contact detail.
-
The letter must be signed by the sender and delivered physically
and/or via email (cs@traveloka.com) to the following address:
TVLK Services Co., Ltd.
3 Rajanakarn Building 28th Floor,
South-Sathorn Road, Yannawa, Sathorn
Bangkok 10120
Thailand
-
We will review and handle notifications in accordance with the above
requirements and in accordance with the laws of Thailand.
-
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.
OUR REASONABLE EFFORTS
We take care to ensure that our Site and Services remain fully
functional. We may necessarily close or temporarily suspend all or any
part of the Site or our Services for various purposes that Traveloka
deems appropriate, including but not limited to the purposes of
reparation, maintenance or development of systems. During such closure
or suspension, you may experience interruption from your access and use
of the Site and the Services.
We will use our best effort to notify you of the following scenarios:
-
In case of pre-scheduled closure or suspension, we will notify you in
advance before the scheduled closure or suspension of the Site or
interruption of our Services, the expected period and reasons of such
closure or suspension; and
-
In case of urgency or any cases other than (1), We will promptly
notify you after closure or suspension of the details and reasons and
expected period that the closure or suspension will be undertaken.
LIMITATION OF LIABILITY
-
You hereby declare to and agree that, to the extent permitted by
applicable law:
-
The services and the content of the site are provided on an "as
is" and "as available" basis. We hereby expressly state that we do
not make any kind of guarantee or warranty, whether express or
implied, including with respect to the merchantability of a
product or service, or suitability of the services we provide for
a particular purpose and against non-infringement where
applicable;
-
We do not guarantee that: (i) the functions, services and security
features provided in the site will be uninterrupted or free from
error; (ii) errors or failure will be repaired; or (iii) the site
or the server provide services that are free from viruses, malware
or harmful components;
-
We do not warrant the accuracy, authenticity, integrity or quality
of the content, sites or resources available to and from the site
including, but not limited to, any guarantee that the content,
sites or resources are free from source material that is
malicious, indecent, or controversial;
-
We do not guarantee or warrant that you will be granted valid
travel permits applicable to you. We do not have any
responsibility to notify you or indemnify you in the event that
you suffer losses or damages relating to your lack of visa or
travel permits (including, but not limited to, refusal of entry,
deportation).
-
Any material downloaded or otherwise obtained through the use of
the services is at your sole responsibility and risk. You
voluntarily assume such risk, and you will be fully responsible
for any loss or damage arising out of or in relation to such
material, including any damage to your computer system or loss of
data that results from downloading any materials that are
provided.
-
Without prejudice to what is set out in these terms and subject to
clause 18.2, we shall not be liable for any losses or damages,
whether direct or indirect, resulting from or connected to your
use of the site or use of the links on the site, including but not
limited to special, incidental, punitive or consequential damages
or other economic loss, even if we have been advised of the
possibility of loss or damage that may occur;
-
Nothing in these Terms limits or excludes:
-
a party’s liability for death or personal injury caused by such
party’s negligence;
- fraud;
-
any other liability to the extent it cannot be limited or excluded
under applicable law.
-
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.
-
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.
-
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.
-
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.
-
Traveloka shall not be liable to you or any third-party for any
termination or suspension of your access to the Site.
-
You agree and consent to us collecting, using, disclosing and
processing your personal data as set out in our Privacy Notice,
available
here.
PERSONAL DATA PROTECTION
The following Privacy Notice is an integral part of these Terms. Please
click here to review our Privacy Notice, which also governs your use of
the Site, to understand our practices:
Website:
https://www.traveloka.com/th-th/privacy-notice
Traveloka Application:
https://m.traveloka.com/th-th/privacy-notice
GOVERNING LAW
-
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 Thailand.
COMPLAINT MANAGEMENT AND DISPUTES RESOLUTION
-
If you have any complaint, request, suffer from the use of our
Services or services provided by the Suppliers, need assistance from
us or would like to contact us on any other matters either under these
Terms or relating to our Site and/or Services ("Issue"), please
contact us via any of the following channels:
-
message inbox on the Site (website or Traveloka application);
-
call center at +662-118-5400; or
-
email at cs@traveloka.com.
-
Upon receipt of an Issue submitted under Clause 22.1, we will further
proceed as follows.
-
Traveloka shall publish the reference number of the Issue that you
raised and cooperate with our responsible business units relevant
to your Issue for tracking purpose.
-
The responsible business unit will examine the facts and
supporting evidence of the Issue and/or contact the Suppliers in
case the Issue is related to the services performed or to be
performed by the Suppliers.
-
After we complete our internal examination and/or receive a
response from the Suppliers, we will promptly get back to you via
the communication channel which you contacted us.
Generally, we will respond to you within 24 (twenty-four) hours from
the time you first contact us. You acknowledge that our response or
suggestion within the foregoing period may relay only preliminary
information to resolve your Issue. We may take longer time to assist
you depending on the period which a Supplier and/or Traveloka (as the
case may be) may undertake to consider and resolve the Issue, but in
any case, we will use as the case our best effort to manage and
resolve your Issue within 90 (ninety) days from the date you first
contact us.
-
In case we fail to assist you with the Issue under Clause 22.1 and
22.2, or 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 60 (sixty) days from the date of
the notice of dispute issued by a party to the other party.
If
such dispute may not be settled by mutual consultation within 60
(sixty) days, it shall be referred to mediation at the competent court
of Thailand.
If the dispute remains unresolved after the
parties’ mediation in good faith, such disputes shall be brought by a
party against the other party to the competent court of Thailand.
MISCELLANEOUS
-
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.
-
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.
-
These Terms are drawn up in the English language. Any translation into
another language is for convenience and information purposes only. In
case of conflict between the English language version and any such
translation, the English language version shall prevail. Headings in
this Agreement are inserted for convenience only and shall not affect
the interpretation or construction of these Terms.
-
In the event that any provision is determined to be unenforceable or
invalid, by any court of competent jurisdiction, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable
law and such determination shall not affect the validity and
enforceability of any other remaining provisions. The severed
provision shall be replaced by a provision approximating as much as
possible the original wording and intent.
-
Failure by either Party to enforce any provision of these Terms at any
time shall not be construed as a waiver of each Party’s rights to
enforce the breach of such provision or any other provision in these
Terms or as a waiver of any continuing, succeeding or subsequent
breach of any provision or other provisions of these Terms.
-
You may not assign or transfer your rights or obligations under these
Terms, without our prior written consent.
-
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).
FORCE MAJEURE
-
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, airline or hotel bankruptcy or insolvency,
and cyber attacks.
-
Traveloka shall not be responsible for any damages or losses caused by
any means to any party because of the Force Majeure Event.
CUSTOMER SERVICE AND FAQS
-
If you have any further questions, please refer to
here. If you have any further questions or need clarification to your
issues relating to any use, transaction, booking, these Terms or the
Site, or need specific assistance from us, please do not hesitate to
contact our Customer Service at any communication channel listed in
Clause 22.1.
Certain products offered through this Site are subject to the terms and
conditions that can be accessed
here
("Secondary TnC"). Your acceptance to these Terms and Conditions shall
also constitute acceptance to the Secondary TnC. If you are not sure
whether your reservation is subject to the Secondary TnC, please contact
us to confirm before you execute the transaction.