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TRAVELOKAPAY TERMS OF USE

WELCOME TO THE TERM OF USE FOR TRAVELOKAPAY FEATURE (“TRAVELOKAPAY”) WHICH GOVERN YOUR ACCESS AND USE OF TRAVELOKAPAY. PLEASE READ THE TERMS OF USE BELOW CAREFULLY BEFORE USING TRAVELOKAPAY ON TRAVELOKA WEBSITE (“SITE”) OR TRAVELOKA APPLICATION (“TRAVELOKA APP”). THE USAGE OF THE TRAVELOKAPAY ON THIS SITE OR TRAVELOKA APP INDICATES ACCEPTANCE OF THE TRAVELOKAPAY TERMS (AS DEFINED BELOW).

TravelokaPay is managed by Traveloka (“we”, “us”, or, “our”). By accessing and/or using TravelokaPay, you acknowledge that you have read and understood, and agree to the Terms of Use set out below and other terms and conditions in relation to the TravelokaPay, including but not limited to the general Site Terms of Use, Traveloka’s Privacy Policy, confidentiality and FAQs, which form an integral part of these TravelokaPay Terms of Use, as may be unilaterally amended by Traveloka, from time to time. (“TravelokaPay Terms”). You must be at least eighteen (18) years old and have a valid Traveloka Account to use TravelokaPay.

  1. TRAVELOKAPAY
    1. TravelokaPay is an electronic wallet service, created and developed by Traveloka, that allows you to make your payments via a variety of methods, from credit card to electronic money on Traveloka website or Traveloka App.
    2. We may, at any time and for any reason, request for additional information or documentation, including but not limited to confirm your identity, age and/or your bank details or debit, credit, prepaid facilities,. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of TravelokaPay or even suspend or close your TravelokaPay account.
    3. You authorize Traveloka to make any enquiries that we consider necessary to validate and verify your identity and information provided to us (whether directly or through third parties) at any time and for any reason.
    4. By using TravelokaPay you agree to: i) access and/or use TravelokaPay only for lawful purposes, in a lawful manner, and in good faith at all times; ii) comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of and/or access to TravelokaPay, as well as any amendments thereto issued by us from time to time; and iii) ensure that any information or data you, store, post, or cause to appear on TravelokaPay is accurate.
    5. Only you can use your TravelokaPay account and you represent and warrant that you will not authorize any other party to use your identity or your TravelokaPay account for any reason, unless permitted by Traveloka.
    6. You cannot assign or transfer your TravelokaPay account to any other party.
    7. You are obliged to provide information to Traveloka immediately for every changes of your personal information such as your name, e-mail address, mobile phone number, and other information that are different from the previously submitted. We are not responsible for any loss caused by your failure to update your personal information in our system.
    8. Any information, data, or communication stored, posted, transmitted, or issued during the period where you are logged in with your TravelokaPay account (whether authorised or unauthorised) shall be deemed and assumed to be stored, posted, transmitted, or issued by you. You will be solely responsible for any such transmission, notice or communication and agree to indemnify and hold harmless Traveloka from any loss, damage, expense, and/or liability for any actions attributable to the use of your TravelokaPay account on the Site or Traveloka APP.
    9. Traveloka has the full right to temporarily block, delete, or deactivate your TravelokaPay account at our sole discretion and for any cause without providing you with any reason or prior notice and we shall not be liable for any loss, damage or expense suffered by you as a result of such blocking, deletion, or deactivation. The reason for blocking, deletion, or deactivation of your TravelokaPay account may include but are not limited to:
      1. breach of these TravelokaPay Terms,
      2. prohibitions under the regulations,
      3. fraud or theft (or indication or suspicion of fraud or theft),
      4. suspicion of money laundering,
      5. suspicion of terrorism financing,
      6. suspicion of criminal activity,
      7. suspicious transactions,
      8. inaccurate, erroneous or misleading information provided by the you,
      9. inappropriate behavior, threats, or insults,
      10. refusal to provide information,
      11. practical impediments,
      12. communication difficulties or breakdowns, or
      13. you are listed on any “blacklists” or “watch lists” by governments or international organizations,
      14. an order issued by any government or monetary institution concerned or based on a court order issued pursuant to applicable laws and regulations
      15. If your account has been inactive for the past 12 months.
  2. TRAVELOKAPAY [PAYMENT FEATURES]
    1. UANGKU
      UANGKU is an electronic money product issued and managed by PT Smartfren Telecom Tbk. (“Smartfren”), the holder of an electronic money license issued by Bank Indonesia. UANGKU Balance allows you to top-up your balance and enjoy the convenience of paying for your Traveloka purchases anytime, anywhere.
    2. My Cards
      My Cards is a feature that allows you to add your credit card details so you do not need to repeatedly input your credit card information everytime you make purchase in the Site and/or Traveloka APP.
    3. Direct Debit
      Direct Debit is a feature that allows you to add your debit card details so you do not need to go to the Automatic Teller Machine (ATM) to make payment nor repeatedly input your debit card information, everytime you make purchase in the Site and/or Traveloka APP.
  3. UANGKU
    1. By using TravelokaPay, your UANGKU unregistered account (“UANGKU account”) will be automatically opened by Smartfren. You may use the balance in your UANGKU account to settle any transaction in the Site and/or Traveloka APP. For the avoidance of doubt, you only can use the balance in your UANGKU account to settle transaction in IDR currency.
    2. You can top-up your UANGKU balance in TravelokaPay through any available methods in the Site or Traveloka APP (“Top-up process”). By selecting a particular payment method means you are agreeing to the terms of service of the preferred payment channel and relevant bank/financial institutions. You will bear all fees that may be charged by such payment channel and/or bank/financial institution (if any) for the payment method that you have selected.
    3. Kindly note that Top-up process will involve transactions with your bank account, therefore, in the event of any disruption with respect to the relevant bank’s system, you agree to settle the matter directly with the relevant bank, without our assistance. Traveloka and SmartFren are not responsible for any issue arising from your interaction with the relevant bank and/or any error in the relevant bank’s system.
    4. You are solely responsible for every Top-up process that you made, including but not limited to input a correct top-up amount and a correct destination bank account number. Any loss and/or damage arising from your mistake, negligence, and/or error in conducting Top-up process constitutes your own risks and responsibilities. You shall hold Traveloka and SmartFren harmless for any issue arising from your mistake, negligence and/or error in conducting Top-up process.
    5. Kindly note the following limitation of UANGKU account:
      1. Maximum balance per UANGKU unregistered account is Rp 2,000,000,- (one million Rupiah)
      2. Maximum transaction per month is Rp 20,000,000 (twenty million Rupiah)
    6. When you have exceeded the balance/transaction limit stated above, Smartfren has the right to reject your top-up request, investigate the source of fund and ensuring whether the funds come from legitimate sources, before performing follow up actions such as returning the excess amount. If, for example, we find that the source of such funds is illegal, you agree that we may take the necessary measures to comply with the regulations, including but not limited to submit a report to the relevant government institutions and/or law enforcement.
    7. Please note that your UANGKU account is not a savings account and is not subject to protection programs by Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan (LPS)). Therefore, you will not receive any interest on your stored value at UANGKU account. In addition, Traveloka or Smartfren is not a bank and as such, our services can not be construed as banking services.
    8. UANGKU service is only available on Traveloka APP with minimum version of 2.20 and desktop website.
    9. You need to ensure you have sufficient balance to make the purchase. You cannot complete the purchase or make the payment if your available balance is lower than the final transaction amount
    10. As we can only store unregistered UANGKU account, your UANGKU balance cannot be withdrawn and transferred to other UANGKU account.
    11. Refund and reschedule are subject to our policy in general site Terms of Use. Refunded amount for transactions using UANGKU balance will be returned to your UANGKU account balance.
    12. Balance transaction history set out in the Site or Traveloka APP shall serve as a conclusive evidence of your UANGKU balance usage.
    13. By using UANGKU service, you acknowledge that you have read and understood, and agree to the UANGKU terms and conditions set by Smartfren, from time to time. (“Smarfren Terms and Conditions”).
  4. MY CARDS
    1. When choosing to make payment with My Cards, you will need to register a valid credit card or debit card, in accordance to the instruction in the Site or Traveloka APP. 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.
    2. You agree that we may verify and authorize your card details when you first register the card with us as well as when you use My Cards to make payment. Any fees incurred by you for authorizing a transaction that results in an over-drawing of your account are not the responsibility of Traveloka.
    3. Traveloka reserves the right to suspend the processing of any transaction or limit or block the use of the credit card in the event of any error in transaction which results in decline or chargeback from the financial institution or where Traveloka reasonably believes that the card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or breaching TravelokaPay Terms.
    4. Traveloka is not responsible for any transaction failure due to disruption on bank’s or payment providers’ system.
    5. In the case of card fraud or unauthorized use of your card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, Traveloka takes no responsibility over any case of card fraud or unauthorized use of your card by a third party, regardless of whether such fraud or unauthorized use was carried out through Traveloka services. Traveloka is not obliged to make refunds or repayments to you as a result of such fraud. As part of our goodwill, we may, at our sole discretion, provide a form of compensation to you subject to review and approval by us. You shall only be eligible to request compensation only if (i) such reservations have been made through our secure servers, (ii) the fraud or unauthorized use of your credit card is a result of our default or negligence, and (iii) through no fault of your own while using the secure server. We accept no liability of the fraud or unauthorized use of your 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 our Customer Service team immediately.
    6. You shall be responsible to resolve any disputes with your card issuer on your own.
  5. DIRECT DEBIT
    1. When choosing to make payment with Direct Debit, you will need to register a valid phone number which has been registered to your issuing bank and some or full debit card number, in accordance to the instruction in the Site or Traveloka APP, as applicable. You must use a debit card that you own, issued in your name, and make sure that there are sufficient funds to cover the transaction costs.
    2. You agree that you should verify your registration and payment as your issuing bank policy. Any fees incurred by you for authorizing a registration or transaction that results in an over-drawing of your account are not the responsibility of Traveloka.
    3. Traveloka reserves the right to suspend the processing of any transaction or limit or block the use of the debit card in the event of any error in transaction which results in decline or chargeback from the financial institution or where Traveloka reasonably believes that the debit card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or breaching TravelokaPay Terms.
    4. Traveloka is not responsible for any transaction failure due to disruption on bank’s or payment providers’ system.
    5. In the case of unauthorized use of your debit card information by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, Traveloka takes no responsibility over any case of debit card fraud or unauthorized use of your debit card by a third party, regardless of whether such fraud or unauthorized use was carried out through Traveloka services. Traveloka is not obliged to make refunds or repayments to you as a result of such fraud. As part of our goodwill, we may, at our sole discretion, provide a form of compensation to you subject to review and approval by us. You shall only be eligible to request compensation only if (i) such reservations have been made through our secure servers, (ii) the fraud or unauthorized use of your debit card is a result of our default or negligence, and (iii) through no fault of your own while using the secure server. We accept no liability of the fraud or unauthorized use of your debit 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 our Customer Service team immediately.
    6. You shall be responsible to resolve any disputes with your debit card issuer on your own.
  6. COMPLAINTS
    1. If you no longer have control over you account (e.g., you account hacked or your phone is lost/stolen), you are required to immediately contact Traveloka’s Customer Service immediately. Traveloka is not responsible if there is any loss or misuse due to late reporting. Please note that you are responsible for the usage of your TravelokaPay account and you must be liable for your TravelokaPay account even if your TravelokaPay account is misused by others.
    2. If you have any complaint related to transaction, you must submit a complaint(s) to Traveloka Customer Service no later than 7 (seven) days after the transaction. In the event of any discrepancies in data and balance and/or transaction history in your TravelokaPay account and the data and balance and/or history of transactions in our record, then data and balances and/or the history of transactions in our record shall be used as final and binding evidence for both parties.
  7. RIGHTS AND OBLIGATIONS
    1. Traveloka has the right to suspend, close, and/or stop TravelokaPay feature in the Site and/or Traveloka APP for a predetermined period for maintenance purposes, and other purposes deemed valid by the Traveloka, with or without prior notice to you.
    2. Traveloka has the rights to amend TravelokaPay Terms and you agree to be bound to any amendment of TravelokaPay Terms, as applicable.
    3. If there is any dispute between you and third party with regard to your TravelokaPay account, Traveloka reserves the right to suspend your Traveloka and/or TravelokaPay account until such dispute has been completely settled.
  8. RESTRICTED ACTIVITIES
    1. In connection with your use of the TravelokaPay account, you agree that you must not:
      1. breach these TravelokaPay Terms, the privacy policy or any other policy featured on the Site;
      2. violate any laws, regulations or third party rights;
      3. infringe Traveloka's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
      4. impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
      5. act in a manner that is defamatory, libellous, unlawfully threatening or harassing;
      6. provide false, fraudulent, inaccurate or misleading information;
      7. unreasonably refuse to cooperate in an investigation by Traveloka or provide confirmation of your identity or other requested information to Traveloka;
      8. use an anonymizing proxy;
      9. control a customer account that is linked in any way to another account that has or suspected to be engaged in any restricted activities under the TravelokaPay Terms;
      10. use the Site, Traveloka APP, or your TravelokaPay account in a manner that results in or may result in complaints, disputes, claims, fines, penalties and other liabilities to Traveloka, other customer, our business partner, or other third party;
      11. take any action that imposes an unreasonable or disproportionately large load on our infrastructure or such other action that would pose a material risk or issue to our infrastructure;
      12. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to Traveloka;
      13. by way of act or omission, do anything that may cause us to lose any services from our internet service providers, payment processors, or other suppliers;
      14. interfere with another’s utilization and enjoyment of Traveloka;
      15. circumvent or manipulate our fee structure, billing process, or the fees owed to Traveloka;
      16. use TravelokaPay account for, or in relation to, any illegal purpose or criminal activity of any nature;
      17. use TravelokaPay account to facilitate any sale or purchase of any goods and/or services which infringe the intellectual property or other proprietary rights of any third party or prohibited goods and/or services; or
      18. facilitate any illegal or unlawful or fraudulent activity of any nature.
    2. If we reasonably suspect that you are engaging in any of the restricted activities as set out above, we may, without prior notice and any liability to you, take the following action(s):
      1. report any suspicious or illegal activity to the relevant authorities;
      2. cancel or refuse any transactions;
      3. suspend or close your TravelokaPay account;
      4. apply, at our sole discretion, prevention and detection procedures and refuse the execution of transactions if there are grounds to suspect that a customer account is being, or may be, used for illegal, unlawful or fraudulent purposes; or
      5. take further steps as we, at our sole discretion, may deem necessary, including taking legal action against you.
  9. REPRESENTATIONS AND WARRANTIES

    By accepting TravelokaPay Terms, you represent and warrant that you are not violating any applicable laws or regulations through your use of the Site, Traveloka APP and/or your TravelokaPay account, and you agree to defend, indemnify and hold Traveloka, its affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by Traveloka due to or arising out of your breach of this representation and warranty.

  10. LIMITATION OF LIABILITY
    1. We shall not be liable for any loss, cost, expense (including legal fees and expenses), damage, or penalties caused (regardless of the form of action) arising, directly or indirectly, in connection with:
      1. any limitation of your access, use and/or inability to use TravelokaPay including but not limited to the following:
        • If you do not have enough balance or credit limit available in your TravelokaPay account to make a purchase;
        • If your TravelokaPay account has been compromised, or if we have reason to believe that your TravelokaPay account has been compromised;
        • If the transaction information supplied by you or third party is incorrect;
        • If circumstances beyond our control (force majeure) prevent your transaction;
      2. reliance on any data or information made available through TravelokaPay. You should not act on such data or information without first independently verifying its contents;
      3. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
      4. any use of or access to any other website or webpage linked to TravelokaPay, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
    2. Any misunderstanding, error, damage, expense or loss resulting from the use of TravelokaPay is entirely at your own risk.
  11. INDEMNIFICATION

    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 TravelokaPay; (b) Content that is given, provided or accessed through TravelokaPay; (c) your violation of the TravelokaPay Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise.

  12. TERMINATION
    1. We may, at our sole and absolute discretion, suspend or terminate your access to your TravelokaPay account (or any part thereof) for any reason whatsoever, including a breach of any of these TravelokaPay Terms or where if we believe that you have violated any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable for us to continue providing TravelokaPay feature.
    2. You may close your TravelokaPay account by giving no less than seven (7) days’ prior written notice to us. Upon receipt of your termination notice, we will regard your notice as a formal request to us to close your TravelokaPay account and will close your TravelokaPay account within 7 days.
  13. GOVERNING LAW AND DISPUTE RESOLUTION
    1. These terms and conditions shall be interpreted, construed and enforced in all respects in accordance with the laws of the Republic of Indonesia.
    2. In the event of a dispute arising out of or in connection with TravelokaPay Terms, both Parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. However, if such dispute cannot be amicably settled within sixty (60) days, it shall be referred to Badan Arbitrase Nasional Indonesia Jakarta (BANI) in accordance with the BANI’s Arbitration Rule and Procedure.
  14. FORCE MAJEURE
    1. Traveloka shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Site, or any damage or harm to users caused by any act or condition beyond the reasonable control of either You or Us (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, labor strikes, demonstrations, airline or hotel bankruptcy or insolvency, and so forth.
    2. Traveloka shall not be responsible for any damages or losses caused by any means to any party if Traveloka cannot process your order because of the Force Majeure Event.
  15. GENERAL
    1. To clarify, Traveloka does not manage or control our business partners that provide payment services in the Site and/or Traveloka APP.
    2. If you use the TravelokaPay 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 TravelokaPay 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 TravelokaPay Terms or negligence by you and/or the Third-party.
    3. TravelokaPay 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 TravelokaPay Terms are inserted for convenience only and shall not affect the interpretation or construction of the TravelokaPay Terms.
    4. In the event that any provision under TravelokaPay Terms 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.
    5. Failure by either party to enforce any provision of the TravelokaPay 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 TravelokaPay Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these TravelokaPay Terms.
    6. You may not assign or transfer your rights or obligations under TravelokaPay Terms, without our prior written consent.
    7. We reserve the right to amend or repeal the TravelokaPay Terms (or parts thereof) in our sole discretion. We may amend the TravelokaPay Terms at any time by posting a variation on the Site and/or Traveloka APP. The latest version of the TravelokaPay Terms will supersede all previous versions.
    8. Notices given pursuant to TravelokaPay 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).
    9. By using TravelokaPay, you acknowledge that we may need to comply with additional terms and conditions provided by our business partners that may be applicable for certain products.

© 2018 Traveloka

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