Term of Use
Dive and Sail Indonesia
Booking a Boat/Cruise is very different from booking a regular property (Villa or Hotel), especially with regard to payments and cancellations. Please do not just tick the box to accept these terms and conditions (as we all typically do!) – do please read the following conditions carefully.
Diveandsailindonesia.com (“DSI”) acts as an agent and/or management for Property owners (“Owner”) and their representatives (“Owner Representative”) in promoting & Advertised Properties for rent and arranging bookings. Each time a Guest confirms a booking of a Property through DSI, a Rental Contract is entered into between the Owner or the Owner’s Representative for the agreed period (“Rental Period”), and the guest in whose name the booking is made (the “Guest”). Each time a Guest books a Boat/Cruise through DSI, the Guest is deemed to have agreed to these terms and conditions. The Rental Contract is not effective until DSI has confirmed the Guest’s booking in writing.
When the Guest makes a booking request, the Guest must make the appropriate deposit payment to DSI within 5 working days of availability confirmation. The following deposit payment must be received by DSI:
- • For rentals beginning more than 60 days after the date of the booking request – a deposit of 50% of the total rental amount is payable
- • For rentals beginning 60 days or less after the date of the booking request – the total rental amount is payable as a deposit.
If the required deposit payment is not received within the 5 working day period, DSI reserves the right to void the Guest’s booking request. Where a 50% deposit applies to the booking, the Guest must pay the remaining 50% balance not less than 45 days before the scheduled arrival date. All payments must be made in US Dollars, unless otherwise agreed with DSI, and must be made in accordance with DSI’s payment instructions as set out in the Guest’s booking confirmation.
If payments are not made on or before the due dates as required herein, the Owner or the Owner’s Representative may cancel the booking, in which case this Rental Contract will be thereby terminated without any further notice required. Cancellation charges may apply as detailed below.
The cost of electricity, mains water, cleaning and supplies, and local taxes are included in rental rates. There are generally no additional costs, surcharges, taxes, staff salaries, or management fees above the price quoted unless otherwise stated in the property description, the Guest booking confirmation or reservation voucher. If the information in any of these is inconsistent, the most recently issued terms will prevail.
Typically telephone and Internet charges and provisioning costs will be the Guest’s responsibility. Gratuities for household staff are encouraged and normal, but are left entirely to the Guest’s discretion.
Booking confirmation details, the Boat/Cruise address, contact details of the Owner or Owner’s Representative, transfer arrangements and directions to the Property will be sent to the Guest in a booking confirmation when full payment is received. This booking confirmation, along with the Guest’s passport, need to be presented upon arrival.
A security deposit may be payable directly to the Owner or Owner’s Representative immediately upon arrival at the Property. The standard security deposit required for each Boat/Cruise is stated in the Property description; however the Owner has the right to impose different requirements on a case by case basis. Access to the Boat/Cruise may be refused if security deposit is not paid in full. When the security deposit is required to be paid in cash, or when a non-standard security deposit applies, DSI will inform the Guest in advance of the amount payable and any other conditions.
The security deposit will normally be refunded at the end of the rental period, after deducting:
all additional expenses incurred on the Guest’s behalf (e.g. additional charges for goods, services and staff which have not been directly paid by the Guest, and telephone and internet charges, if applicable) and the cost of replacement or repair for any loss or damage to the Boat/Cruise or its surrounds or contents caused during the Rental Period. If this cost cannot be reasonably determined prior to the Guest’s departure, the Owner or the Owner’s Representative is entitled to withhold a reasonable estimate from the Guest’s security deposit, and will return any balance to the Guest as soon as possible after the actual cost has been determined.
Damage or Losses
A Boat/Cruise is typically someone’s property. Please treat the Property rented accordingly, and leave the Property and all its contents in good order and in an acceptably clean condition.
Any damage or losses caused during the Rental Period, as well as any special cleaning requirements will be the Guest’s responsibility and may be charged to the Guest’s account and deducted from the Guest’s security deposit. In cases of excessive or unacceptable loss or damage at any time during the Rental Period, the Owner or Owner’s Representative may require the Guest and their party, including visitors to vacate the Property immediately, without compensation or refund.
Number of Guests
The number of persons (adults and children) sailing at the Boat/Cruise must not exceed the maximum number of sleeping places indicated in the booking confirmation, unless specifically authorized in writing. Exceeding this number may invalidate any insurance policy. Entry or access to the Boat/Crui semay be refused or limited where the number of guests exceeds the stated requirement. No pets are allowed unless agreed in writing in advance.
Use of Property
All bookings are assumed to be for normal holiday purposes only, and the Guest agrees that the use of the Property will be limited to this purpose unless otherwise confirmed in writing.
If the Guest is planning to hold an event, such as a party, which involves having a larger number of people at the Boat/Cruise, or if the Guest is planning to use the Property for a purpose other than holiday, please communicate this to DSI at the time of booking, as special approval or arrangements may be required. Depending on the nature of the event, a surcharge and/or additional security deposit may be required, which will be agreed and confirmed in writing prior to confirming the reservation. Note that some Boat/Cruise are subject to rules and regulations regarding their use. Therefore, it may not always be possible to grant permission for certain uses or activities due to these or other reasons beyond the control of DSI and the Owner.
If DSI has confirmed a booking which includes an event at the Guest’s chosen Boat/Cruise, in certain circumstances the Guest must then obtain permits from the police and the local community before the event can proceed. The Guest acknowledges and agrees that DSI, the Owner and the Owner’s Representative cannot control the issue of these permits. If the police and/or the local community refuse to issue a permit for an event at the Property, the Owner or the Owner’s Representative will refund any event fee paid by the Guest to the Owner, however neither DSI, the Owner nor the Owner’s Representative will be liable for any further refund or payment to the Guest.
Conduct and Due Care
Illegal or immoral activities including gambling, prostitution, prohibited drugs, possession or use of pyrotechnics or dangerous goods, and possession or use of firearms and other weapons are all strictly prohibited. Smoking is generally prohibited unless stated otherwise in the booking confirmation or reservation voucher.
The Guest is responsible for the behavior of the guests sailing at the Boat/Cruise, as well as visitors to the Boat/Cruise during the Rental Period. Should any guest(s) or visitor(s) not behave in a suitable manner, the Owner or Owner’s Representative may, in their absolute discretion, require the Guest, their party and/or visitor(s) to leave the premises and/or vacate the Property immediately, without compensation or refund.
In the interests of safety, due care should be taken at the Boat/Cruise at all times, especially with children. Suitable supervision should be given around deck, beaches, and when using all facilities.
Valuables and Security
Any Guest valuables or property left or used at the Boat/Cruise are at the Guest’s own risk. Neither DSI, the Owner nor the Owner’s Representative accepts any responsibility for loss of or damage to Guest property. The Guest is responsible for the Boat/Cruise during the Rental Period, and must ensure that all windows and doors are locked securely when not on the premises. Any act or omission by the Guest, their party and/or visitors which may negate or prejudice the Boat/Cruise insurance policy and/or results in loss or damage is the Guest’s responsibility.
Once the Guest’s booking is confirmed, the price of the Guest’s reservation is fully guaranteed, even if DSI changes the price on its website after the Guest’s booking has been confirmed. In return for this commitment, no refunds will be made for any exchange rate fluctuations that would otherwise reduce the rental cost. DSI reserves the right to impose any taxes or other charges which may be implemented by any government or other regulatory body, which were unknown at the time of publishing. DSI will tell the Guest promptly in the unlikely event that it becomes aware that any taxes or charges will apply to the Guest’s booking.
If the Guest wishes to cancel a confirmed booking, written notice of cancellation must be sent to DSI. All cancellation notices received by DSI will be acknowledged in writing. It is strongly recommended that the Guest and all members of the Guest’s party purchase trip cancellation insurance.
Cancellation of a booking includes but is not limited to:
- Cancellation of one or more days of a booking;
- An amendment of a booking so that none of the dates of the booking once amended fall within the same dates that originally constituted the booking;
- Failure of all Guests to provide the required documentation on arrival (eg. Passports or suitable identification); and
- Attempt by the Guest, their party or visitors to hold an event at the Property in breach of these Terms and Conditions or breach of any rules applicable to the Guest’s chosen Property.
In the event that the Guest cancels a confirmed booking, the following cancellation fees will generally apply:
- • 50% of the total rental amount will be forfeited if the cancellation is made more than 60 days before the start of the rental period
- • 100% of the total rental amount will be forfeited if the cancellation is made between 30 and 60 days before the start of the rental period.
The applicable amount will be deducted from the deposit and moneys paid, and DSI will refund any remaining balance to the Guest.
Once a booking confirmation is issued by DSI, a fee of USD 50 will apply to each amendment made. DSI will do its best to accommodate any reasonable amendments, but the Guest should be aware that some changes may not be possible.
Please note that these amendment policies apply for regular booking periods. Special amendment terms may apply for peak/high seasons and will be stated in the Boat/Cruise description or booking confirmation. If the information in any of these is inconsistent, the most recently issued terms will prevail.
In the unlikely event that DSI is unable for any reason (including the sale of a property and force majeure) to provide the Guest with the Boat/Cruise booked by the Guest, DSI reserves the right to transfer the Guest and their party to an alternative Boat/Cruise of the similar type and value, in consultation with the Guest.
If the price of the substituted Boat/Cruise is less than the original booking, the difference will be reimbursed to the Guest. If the price of the substituted Boat/Cruise is higher than the original booking, the difference may be charged to the Guest. If, however, after considerable effort by DSI, no alternative of similar type and value is available and / or no agreement can be reached between the Guest and DSI, then either DSI or the Guest may opt to cancel the booking and this Rental Contract. In that event, DSI will refund the Guest all monies paid, without further compensation.
Every attempt will be made for the Guest to have an enjoyable stay. If the Guest should have a problem during the Rental Period, please inform the Owner or Owner’s Representative immediately who will endeavor to put things right. Should the Owner or Owner’s Representative not address the Guest’s problem satisfactorily, please contact DSI promptly. In order for the Guest’s complaint to be addressed, the Guest must communicate any problem whilst on location. If no complaint is reported during the Rental Period, DSI and the Owner will assume that the Boat/Cruise was to the Guest’s satisfaction and no complaint will be entertained.
The descriptions, assessments and/or ratings of Properties and surrounding locations that DSI publishes or gives to the Guest are provided in good faith and in the belief that they are accurate based on the latest information received. However, DSI cannot be held responsible for any modifications to the Boat/Cruise or inaccuracies. Where DSI publishes or refers to descriptions, assessments and/or ratings of the Boat/Cruise either by DSI or by third parties, these ratings are for information purposes only and DSI will not be held responsible for any reliance placed on these ratings.
Neither DSI, the Owner nor the Owner’s Representative accepts any responsibility or liability for:
- • any physical injury, sickness, death, loss, damage, inconvenience or additional expenses incurred by the Guest, their party or visitors regardless of the cause;
- • any vehicle or the contents of any vehicle used, hired or engaged by the Guest or their party during the Rental Period; inability of the Guest or any member of the Guest’s party to enter the location of the Boat/Cruise or stay at the Boat/Cruise for all or part of the Rental Period as a result of failure to obtain appropriate travel or visa documentation, cancellation or amendments to travel arrangements or the missing of flights or travel connections; and/or
- • any delay or cancellation of the booking as a result of war, threat of war, riot or civil strife, strike, demonstration, terrorist activity (threatened or actual), natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns, or any technical, structural, electrical, plumbing or other problems or difficulties with the Property which make it unsafe or unusable, or any other circumstances which amount to ‘force majeure’ or Acts of God, or other events beyond the Owner’s control.
In no case will DSI, the Owner or the Owner’s Representative individually or collectively be liable to make any payment or give any refund or compensation of any amount over and above the total rental amount paid.
This agreement will be governed by the laws of Indonesia. In the event of controversy arising from the booking and Boat/Cruise rental that cannot be resolved amicably between the parties, both parties agree to exclusively refer the matter to the jurisdiction of the Indonesia Courts.
By making its booking request, the Guest agrees that these terms and conditions have been read, understood and have been accepted and agreed to by the Guest without reservation and without exception.
If any of the conditions of this Rental Contract are or become or are deemed to be invalid, or if there is any omission from any terms and conditions, the remaining terms and conditions will remain valid and enforceable and cannot be contested.