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;
- 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.
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In the event of a failure in ticket issuance caused by an error in Our
system or other causes resulting in the ticket that You have paid for not
being issued by us, We retain our rights to cancel Your booking and make an
automatic refund to you via reversing your payment method or transferring
the funds to your Registered Account for the payment You have made, such
refund will be made to the original payment method.
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:
- have breached these Terms;
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have not complied with specific terms and conditions specified by the
Vendors;
- 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, the
Traveloka Community Guidelines
or applicable laws and regulations, you are not violating any third party’s
rights, and you are not causing damage 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.