Terms and Conditions for Online Transactions - Bali Hai Cruises
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By carrying out an “Online Transaction,” Purchaser is considered to have read and approved, and therefore, bound to the Terms and Conditions as described hereunder:
- “Online Transaction”, means the sale and purchase of cruise product(s) through the website https://www.balihaicruises.com, executed between:
Bali Hai Group PTY. LTD. a limited liability company based in Australia and subject to the prevailing laws of Australia and you hereby submit to the non-exclusive jurisdiction of the courts of Australia. PT. Bali Cruises Nusantara, a limited liability company incorporated based on the prevailing laws in the Republic of Indonesia, having domiciled in Denpasar, in this matter constitutes the cruise product organizer and the party selling cruise products through the website https://wwwbalihaicruises.com. Bali Hai Group Pty Ltd, PT. Bali Cruises Nusantara, Bali Hai Cruises Pty. Ltd. and its affiliates are hereinafter referred to as Bali Hai Cruises Group:
https://wwwbalihaicruises.com is operated by Bali Hai Cruises Group. If you place an order through this website, upon confirmation that such order is accepted a contract of sale will be executed between you and Bali Hai Cruises Group, which will be governed by these Terms and Conditions.
Bali Hai Group Pty. Ltd. will be the first point of contact in respect of dispute management, refunds, cancellations, returns and customer support as they relate to your use of the Bali Hai Cruises Group platform.
Bali Hai Group Pty. Ltd. may further reach out to the respective service providers (affiliates of Bali Hai Group Pty. Ltd.) to better address the disputes and issues raised.
The services provided through the Bali Hai Cruises Group platform (ie. ferry services, scuba diving, cruise packages) are provided by affiliates of Bali Hai Group Pty. Ltd.
- Each person/entity intending to purchase a cruise product under the Terms and Conditions and the Online Transaction Procedures through the website https://balihaicruises.com balihaicruises.com https://www.balihaicruises.com hereinafter referred to as “PURCHASER.”
- Purchaser hereby states to have been 18 years old and approves the Terms and Conditions, or for any purchaser under 18 years old is deemed to have obtained their parent’s/guardian’s approval and such approval is awarded consciously without any pressures or coercion, and purchaser is able to act as a legal subject to conclude an agreement according to either the prevailing rules and regulations of Australia or Indonesia.
- The Online Transaction Object is the sale and purchase of “Cruise Product(s)”where the transaction time and premises shall be determined by Bali Hai Cruises Group and such a cruise product is able to be used to cruise according to the relevant class, price and time (if there are options) chosen by Purchaser.
- Bali Hai Cruises Group receives the payment details of Purchaser via secure and private communication. Our website or shopping cart sends the Purchaser to Adyen payment Gateway to where the Purchaser makes the credit card payment charge authorisation within a fully PCI compliant and THAWTE SSL protected environment. (https://www.Adyen.com). Adyen Gateway will only accept secure communications from our website or shopping cart. The Adyen acknowledgement/receipt page is then displayed immediately prior to automatically returning the Purchaser back to our website or shopping cart. It is a seamless, trouble-free and smooth process.”
- “Cruise” in this Online Transaction means sea transfer organized by Bali Hai Cruises Group. Meanwhile, the premises and time shall be according to the announcement made by Bali Hai Cruises Group and chosen by Purchaser through the website https://www.balihaicruises.com
- All Online Transactions Procedures on https://www.balihaicruises.com)(https://www.balihaicruises.com) constitute an integral part of and inseparable from the Terms and Conditions, and therefore they bind Purchaser.
- These Terms and Conditions shall constitute a Binding Agreement to Purchaser.
- Bali Hai Cruises Group is entitled to receive or decline a Cruise product purchase.
- Bali Hai Cruises Group does accept booking amendments with minimum 24-hour notice. For group bookings (20 or more travellers) an extended notice period of one week applies.
- Bali Hai Cruises Group is not responsible for any complaint/claim and refund, except as the Terms and Conditions stipulate otherwise.
- Bali Hai Cruises Group is able to unilaterally annul an Online Transaction without refunding the cruise product purchase price or without providing any other compensation if a cruise product purchase price is not carried out based on the Terms and Conditions.
- Bali Hai Cruises Group may take actions based on the civil code and/or criminal code against any party purchasing, owning and/or controlling a cruise product illegally or contravening with the Terms and Conditions and the Online Transaction Procedures.
- The Online Transaction and these Terms and Conditions are subject to the applicable laws of the Republic of Indonesia and Australia.
- Any dispute arising from the Online Transaction shall be settled amicably in reference to the Terms and Conditions. Purchaser hereby states that he will not claim and/or charge Bali Hai Cruises Group either based on the civil code or criminal code.
- Bali Hai Cruises Group is not responsible for any credit abuse in the Online Transaction and for any bank decline in relation to an Online Transaction.
- If a departure has to be cancelled by Bali Hai Cruises Group, the Cruise product cannot be returned and Bali Hai Cruises Group will not refund Purchaser based on their credit card billings. The cruise product price is the price advised by Bali Hai Cruises Group as the cruise product price, excluding administration fee or any other fees that may arise in the future, except Bali Hai Cruises Group stipulates otherwise.
- By carrying out an Online Transaction, Purchaser binds himself to the conditions as follows:
- One (1) cruise product is valid for the passenger(s) confirmed prior to the departure of the cruise.
- Each passenger is prohibited from bringing pets or animals of any kind aboard the cruise.
- Each passenger is prohibited from carrying weapons, guns, illegal drugs and psychotropic substances, alcoholic beverages and/or other hazardous substances or explosives and specific fruits such as Durian during sea transfer.
- BALI HAI CRUISES GROUP is entitled to inspect and/or search each passenger and/or their luggage for security purposes.
- BALI HAI CRUISES GROUP is not responsible for any damage and loss.
- BALI HAI CRUISES GROUP is not responsible for any death and/or injury suffered prior to, during and after the sea transfer.
- BALI HAI CRUISES GROUP is entitled without any refunding or whatsoever compensation to prohibit any person to enter or ask any person to leave the vessel for sea transfer security and safety purposes, if necessary.
- BALI HAI CRUISES GROUP is entitled to cancel the sea transfer without any refunding or whatsoever compensation if there is anything beyond its reasonable control i.e. force majeure happening to cause a dangerous situation for passengers’ safety.
BALI HAI CRUISES GROUP vessel departure depends on the weather and BALI HAI CRUISES GROUP is entitled to change the departure schedule for passengers’ safety and comfort reasons.
- Cancellations must be received in writing. An email to firstname.lastname@example.org does suffice.
- Cancellations received up to 48 hours of due cruise date will incur no cancellation fee.
- Cancellations received within 48 hours of due cruise date will incur 100% of the total booking.
- In the event of a technical problem, Bali Hai Cruises Group shall use all possible endeavour to provide a solution for the passengers. The reservation department is going to search for the most efficient transportation means to transport the passengers to the destinations or assist to reschedule the program.
- In the event of unfriendly weather and the harbour is closed, BALI HAI CRUISES GROUP is entitled to reschedule the departure time without any refund to the passengers.
We are committed to ensuring all the information you have provided is secure. To avoid illegal access, we have taken measures to protect your privacy. Each time you provide sensitive information (e.g. credit card for transaction purposes), we have taken reasonable protecting measures. We have also taken reasonable measures to protect personal information. We do not share your personal information to any company or individual without your approval. “We ensure that your order processes are secure because we use the “Secure Sockets Layer” (Thawte SSL) protocol, 2,048bit Asymmetric Cryptography, PCI DSS- Payment Card Industry Data Security Standards and implement Defence Signals Directorate Certified Telecommunications Carrier. These security measures provide each customer with security and freedom to shop online without the fear of their credit card information being stolen.
Bali Hai Cruises Group collects personal information in the normal course of providing services to you. These services include:
- Processing online enquiries
- Processing online purchases
- Processing online payments
- Processing refunds
If you do not provide us with this information then Bali Hai Cruises Group may not be able to provide any services you may have requested.
Why do we collect your personal information?
We collect personal information as detailed above, which we may use to:
- Process and complete transactions;
- respond to your questions;
- provide you with information about our products, services and offers;
- comply with any applicable legal obligations;
Customers may update and correct their details by emailing email@example.com.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
BaliHaiCruises.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Bali Hai Cruises Pty Ltd in Australia and/or its affiliates in other countries.
BaliHaiCruises.com trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. For issues relating to intellectual property, please email ga@BaliHaiCruises.com.
Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not:
- Modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
- Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content ("IP License"). This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide. This IP License ends when the account holder deletes his IP content or user account. However, the account holder understands that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
For requests regarding marketing material please contact us directly at firstname.lastname@example.org
- MEDICAL NOTE: All divers must complete a medical checklist before diving. Guests who have in particular asthma, heart complaints, diabetes and / or are pregnant cannot dive unless given written clearance from suitable physician in the form of a recent signed Doctor letter.
- FLYING AFTER DIVING: Minimum flying times after diving – Single dives a minimum interval after diving of 12 hours is suggested. Deep dives, Repetitive dives and / or multiple days of diving, a minimum wait time of 18 hours after diving is suggested.
- Minimum age for all diving programs is 10
- Certified diver program - Guests must bring license and present it upon check in for proof of certification.
- Certified diver program dive sites will be chosen on the day and can be altered due to weather and safety reasons.
- MEDICAL NOTE: All Aquanauts guests must complete a medical checklist before doing the Aquanauts program. Guests who have in particular asthma, heart complaints, diabetes and / or are pregnant cannot do this program unless given written clearance from suitable physician in the form of a recent signed Doctor letter.
- FLYING AFTER AQUANAUTS: Minimum flying times after Aquanauts – Single dives a minimum interval after diving of 12 hours is suggested.