TERMS AND CONDITIONS OF USE
IndonesiaTravelAdventure is a trade name of Pt. Anak Bangsa Travel, [Jl. H.L. Hasyim no. 10 , Jontlak, Praya Tengah, Lombok NTB 83513 Indonesia] hereinafter “ITA” is a hotel and accommodation search platform. ITA provides and offers to users third party information on traveling services, in particular accommodation, tours, transportation (flight, boat, bus, train, ferry, etc.), vehicle rental, and other services relating to travel, in particular spa and sport activities or cultural experiences. ITA does not itself offer travel services unless explicitly stated otherwise but connects the user and travel service providers who will then directly enter into a travel contract.
1. Important notice
2. Scope of applicability as well as confirmation and acknowledgment
2.1 By accessing the ITA Website you, the user, acknowledge and confirm that you have read, understood, and agree to the following terms and conditions of use. You also agree to be bound by all applicable laws as well as any other applicable rules and conditions.
2.2 These Terms apply to all services of ITA which are directly or indirectly provided via the internet, on mobile devices, by email or by phone.
3.1 Access to the services of ITA requires the registration of the user by entering an e-mail address and a password in the registration area of the Website and by clicking the button “register”. Upon completion of the registration, the user acknowledges the exclusive validity of these Terms. ITA is entitled to delete an only partially created user account due to incomplete registration within seven days. ITA reserves the right to refuse users without giving reasons. Upon complete registration of the user, ITA will set up a user account for the user. The use of the services of ITA requires the login of the user to his or her user account. The user is responsible for the accuracy and completeness of his personal information.
3.2 The user is obligated to choose a secure password for access to his user account and to keep it strictly inaccessible to third parties. ITA is not liable for any damages that arise directly or indirectly from the violation of these user obligations.
3.3 The user may change his e-mail address and password at any time. Notifications for a change of the access data need to be submitted to ITA under the E-Mail address [enter ITA e-mail address]so that ITA can re-enable the access to the user account.
3.4 ITA is entitled to delete a user account if no account accesses are recorded within a six months period. The user will be informed in advance about an intended deletion. ITA has the right to block a user’s access at any time and to delete the user account if the user has unlawfully used the Website and the Website Content, in particular in the event of a breach of the obligations specified in these Terms.
4. Relationship between ITA and the user
4.1 The ITA website serves the purpose to enable the user to take notice and compare travel services which third parties offer on the ITA website. ITA clarifies that ITA does not offer any Travel services in its own name or its own account unless a specific travel service which is publicised on ITA website indicates otherwise.
4.2 All agreements regarding travel services which come into existence by way of ITA acting as an intermediary agent are between the user and the respective third party travel service provider. ITA does not act as organiser or travel agency at any time. The terms and conditions of the respective third party travel service provider apply.
4.3 When acting as an intermediary agent, ITA may be authorized by the respective third party travel service provider to collect payments of the user on behalf of the respective third party travel service provider.
5. Direct booking of third party services
5.1 The user may be given the option of directly booking a specific travel service which a third party travel service provider offers through a direct connection to this third party travel service provider if and to the extent the ITA website offers this particular option. ITA is under no obligation to offer this option at all or at all times. Any such direct booking will take place directly between the user and the specific travel service provider by making use of a link to the travel service provider’s website on the ITA website. In each case of direct booking, ITA is not acting as a travel operator and is not entering into any contractual relationship with the user regarding this particular travel service. ITA operates as an intermediary agent only which provides a technical connection between the user and the booking site of the third party travel service provider but is no contractual party of this direct booking.
5.2 By making a direct booking on the website of the third party travel service provider the user agrees to be bound by the terms and conditions of the particular third party travel service provider whereas the respective applicable terms and conditions may be viewed on the website of the third party service provider.
6. Information on Price and service
ITA does not make any representations and does not give any warranties regarding the real-time accuracy of any prices, availability of travel services, or other information regarding travel services, in particular the real-time updating of any such prices, availability of travel services, or other information which is provided by third party travel service providers. Therefore, the user acknowledges that any such displayed prices, availability or other information on the ITA website may not match or correspond to the respective price, availability, or information published directly by the third party travel service provider.
7. ITA Experiences
7.1 A registered user is entitled to join ITA Experiences, which is an online forum and community of users to share their travel experiences. Registered users who join ITA Experiences may upload and publish their content, in particular pictures, videos and text footage, hereinafter “User Content”, and share their experiences in a chat forum. Unregistered users may read this content on ITA Experiences for free.
7.2 When posting User Content, the user herewith agrees to be bound by the Terms as well.
7.3 ITA does not identify with any publication of User Content. User Content does not reflect the opinion of ITA, in particular, ITA rejects User Content as being content of ITA.
7.4 The user is responsible and liable that any uploaded User Content does not infringe third party rights, in particular no copyrights and no personal rights. The user herewith confirms that the user is entitled to publish and upload his specific User Content.
7.5 The user warrants and agrees that he will use ITA Experiences to upload, publish or distribute only User Content which in particular, but not exclusively, (i) does not have a commercial nature, in particular does not qualify as express or disguised advertising, product endorsing, or influencer marketing, (ii) is true and objective, (iii) is not of an immoral, brutal, discriminating, pornographic or otherwise offensive nature, (iv) does not violate third parties’ rights, in particular copyrights, trademarks, and personal rights, (v) does not violate applicable laws, (vi) does not constitute a criminal offense, (vii) does not contain viruses, malware, bugs, or other computer programs which are harmful to the hardware or software of ITA, other users or third parties, (viii) may not be interpreted as a survey or chain letter, or (ix) does not have as its objective the collection, processing, or use of third parties, in particular other users.
7.6 If the User Content breaches any of the Terms, ITA reserves the right to delete any such User Content without notification or declaration of reason and to permanently ban the user from ITA Experiences and to delete the user’s account. ITA also reserves the right to submit any User Content to authorities for criminal prosecution.
8. Scope of right to use
8.1 All text footage, pictures, graphics, animations videos, corporate logos and brands, the layout of the ITA website, as well as other content contained in the ITA website, hereinafter jointly “ITA website Content”, are the proprietary right of ITA or third parties which allowed ITA to use them for the ITA website, and may additionally be protected by trademark and copyright law and other laws for the protection of intellectual property and may be subject to third parties’ rights.
8.2 ITA does not give any license to the use ITA website Content or respective intellectual property rights, and nothing herein shall suggest otherwise. The copying, distributing, reproducing, forwarding, sharing, using, or making available of the ITA website Content is not permitted without the prior written express consent of ITA.
8.3 The user must comply with all applicable laws at all times when visiting the ITA website or accessing the ITA website Content. Access to, or use of, the ITA website or the ITA website Content from countries in which this access or this use is unlawful, is not permitted.
9. Restrictions of Use
9.1 Any other use of the ITA website as well as the ITA website Content is prohibited unless specifically permitted by these Terms and Conditions. It is in particular prohibited without the prior written consent of ITA to (i) use the ITA website or the ITA website Content for any fraudulent or unlawful purpose; (ii) use any registered or unregistered trademarks or signs contained on the ITA website or in the ITA website Content without the prior written express consent of the respective owner; (iii) translate, modify, adapt, reverse engineer, decompile, or disassemble the ITA website or ITA website Content in whole or in part; (iv) remove any notice of copyright, trademark, or other proprietary rights from the ITA website Content; (v) frame or otherwise embed ITA website Content in your or a third party website; mirror any part of the ITA website; (vi) create a database by systematically storing and downloading all or any ITA website Content; as well as (vii) use any robot, spider, site search application or retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the ITA website or the ITA website Content.
9.2 ITA reserves the right to deny access to, or restrict the use of, the ITA website at any time.
10.1 ITA will only collect, process and use a user’s personal data to the extent this is required for (i) providing the services of ITA, (ii) for the provision and operation of the ITA website. Otherwise, ITA collects, processes and uses a user’s personal data only if and to the extent ITA have obtained the user’s respective consent or a statutory provision permits the collection, processing or use a user’s personal data of data.
11. No Warranties
ITA does not give any express or implied warranties, nor does it make any representations, nor does it assume any responsibility that (i) the ITA website or the ITA website Content are available without interruption; (ii) the use of the ITA website or the ITA website Content will not infringe any third party rights; (iii) the ITA website as well as the ITA website Content are free from errors or are complete, accurate or up-to-date at all times; (iv) are fit for any purpose the user may other pursue, (v) web pages accessed by hyperlinks from the ITA website do not infringe third party rights, or are free from errors, or that applicable data protection provisions are complied with; or that (vi) the ITA website is free from viruses, bugs, malware, or similar malicious programs.
12. Limitation of Liability
12.1 ITA does not accept any liability towards the user for (i) defects in rights regarding the ITA website or ITA website Content or User Content; (ii) any loss or damage arising as a result of inhibited or interrupted access or availability or non-accessibility of the ITA website as well as ITA website Content or User Content; (iii) any loss or damage, which may arise from the use of the ITA website or of any of the ITA website Content; as well as (iv) the availability of the content of third party websites or any loss or damage resulting from their use, regardless of the purpose of use, (iv) the accuracy, quality, completeness, reliability or credibility of content provided by third party travel service providers or of User Content. However, ITA does not limit its liability under statutory law for the violation of life, body or health caused by wilful intent or gross negligence of ITA or its representatives.
12.2 ITA reserves the right to conduct technical maintenance of the ITA website which may result in ongoing non-availability or non-accessibility of the ITA website, the ITA website Content or User Content.
12.3 Any promotion, hyperlinks, advertising banners, or information about travel services, in particular about tours, transport, accommodations, destinations, travel arrangements or the commercial entity of third party travel service providers are provided by third party travel service providers or other third parties and does not represent, or qualify as, a respective recommendation, advice, or information by ITA.
13.1 ITA reserves the right, at any time and without prior notice, to make amendments, or additions, to the ITA website or the ITA website Content or the Terms at its sole discretion without any obligation to inform the user
13.2 The user agrees that his continued use of the ITA website constitutes his consent to respective changes of the terms and conditions as applicable.
13.3 The respective current version of the Terms apply when accessing or using ITA, ITA website or ITA website Content.
13.4 Registered users receive notifications about amendments of the Terms by email. Users are permitted to download and print the respective current Terms on their own computer system.
14. Violation of these Terms and Conditions
14.1 ITA reserves the right to deny the user any access to the ITA website in whole or in part at any time in case of the user’s non-compliance with these or the user’s infringement of the rights of ITA in the ITA website or the ITA website Content or any third parties’ rights.
14.2 Furthermore, the user herewith indemnifies and holds harmless ITA from and against all claims and damages arising out of or in connection with (i) the use of, or activities in connection with, the ITA website and ITA website Content, or (ii) any violation of these Terms by the user.
15. Applicable Law and Place of Jurisdiction
15.1 These Terms and Conditions and all questions and disputes relating to the use of the ITA website or the ITA website Content are exclusively subject to the laws of the Netherlands excluding the provisions of international private law and the United Nations Convention on Contracts for the International Sales of Goods (CISG).
15.2 All disputes arising between Parties as a result of or in connection with this agreement or the execution thereof, shall first and only be submitted for assessment to the competent Dutch court in the district of the Agent’s registered business seat, unless provisions of mandatory Dutch law prescribe otherwise.