SERVICE TERMS AND CONDITIONS

Welcome to Loyagami.com (The Club).These terms and conditions (Terms), together with our privacy policy, tell you the terms on which you may use the Loyagami website (The “Website”) located at www1.loyagami.com.com (Website) and Loyagami service made available by us (Service).

By using the Website and/or the Service, you confirm that you accept these Terms and that you agree to be bound by them. If you do not agree to these Terms, you must not use the Website or the Service.

Please read these Terms carefully before you start to use the Website and/or the Service. You should keep a copy of these Terms for future reference. These Terms are only available in the English language

We may amend these Terms from time to time in order to update them, to reflect changes to the Service or for legal, regulatory or security reasons. We will keep you informed and give you notice of any amendment to these Terms by posting the amended Terms on the Website and stating in the amended Terms when they took effect.

DEFINITION OF TERMS

  1. “Agreement” means the agreement between you and Us incorporating these Terms and Conditions of Use, as amended from time to time in the manner set forth herein
  2. Club means The Loyagami Vacation Club and its active members
  3. Hosts Member means The Loyagami member owning a home that is being visited by a guest member or guest with confirmed reservation
  4. Guest member means The Loyagami member who has a confirmed reservation to stay at the home of the host member
  5. Guest means non The Loyagami members from global distribution system who as a confirmed reservation to stay at the home of the host member
  6. Global distribution system means an electronic system used as marketing channel and booking system for host member property
  7. Active member means a member who has been admitted to the club, has paid all fees due and acts pursuant to the guidelines of the club behavior
  8. Business Day means Monday through Friday with hours from 08.00 to 18.00 GMT +7

The Service

  1. The Service is designed: (i) to introduce individuals who wish to exchange (Exchange) and/or rent (Rent or Rental) their homes or holiday/second homes (Homes) for vacations or business travel purposes to Guest Members and Guest; (ii) to allow individuals to participate in a scheme (Points Scheme) whereby individuals may pledge their Home in return for points (Points) which can then be used to book a stay in the Home of another individual participating in the Points Scheme upon redemption of an appropriate number of Points (Points Redemption); and (iii) to connect you and other members of the Service (Members) and to facilitate such Exchanges, Rentals or participation in the Points Scheme. For the purposes of these Terms, if you are providing a Home you are a ‘Host Member’ and if you are staying at a Home you are a ‘Guest Member’.
  2. Thist agreement mostly govern the relationship between Host Members and Guest Members, how to use the service and information the website, but terms and conditions that govern the detail services with applicable terms for relationship between Host Members and Guest will be provided in separate terms and condition on printed basis
  3. Further information about the Service, how it operates and the rules relating to it for specific arrangement and/or languanges are set out on printed basis and will be provided after payment for such membership incurred. Such information is incorporated into, and forms part of, these Terms and our agreement with you; however, in the event of any conflict between such information and these Terms, the printed terms will prevail. Just to emphasise, the Service is designed to act as an intermediary marketplace only to facilitate Exchanges, Rentals and participation in the Points Scheme for the purpose of taking vacations. We do not own, manage, provide, operate, otherwise deal with, make promises or statements in respect of, or take responsibility for any type of property or its condition or suitability, including Homes, except as set out in these Terms or mentioned as part of The Loyagami management services.We are constantly looking for ways to improve and expand the Service. You agree that we may do so to the extent that it is not detrimental to your use of the Service.
  4. Through the Site, Loyagami also provides an online platform where you can browse different types of temporary accommodation and lodging (as applicable), as well as make a reservation and/or purchase. Users can make bookings of services provided by hotels, airlines, train or other transportation operators, events promoter, tourist attraction operator, travel agency, telecommunication operator and/or any other service provider in cooperation with Loyagami (“Vendors”) on the Site. By placing an order through the Site, you will be able to book and/or purchase the airline tickets, hotel rooms, event entrance tickets, tourist attraction entrance tickets, tour packages, prepaid credits,or other services. We will provide a booking confirmation via email.
  5. Although we will use our expertise with caution in performing the services, we do not verify, and do not guarantee, that all information provided is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the site or otherwise), inaccuracy, misleading or false information or non-delivery of information.
  6. Changes in market conditions or circumstances that occur can lead to changes in a short time causing the information provided to be inaccurate or not applicable. In case of any problems, contact customer service and they will assist you
  7. We have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Vendor, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, a Real Mistake (hereinafter described below), history of breaches of these Terms, or being placed on any “black lists” or “watch lists” by governments or international organizations. In case the booking is rejected or cancelled by Loyagami and payment has been made, Loyagami shall reimburse the amount already charged without further charges. We can at anytime delete or remove (“Removed”) membership of the user of this Site, either temporarily or permanently. Removed Users are prohibited to attempt using the Site in any other name or through other users (hereinafter described in the Fraud Prevention Mechanism condition).
  8. Your use of the service
    • You may sign up to use the Service by telephone, via the Website and/or by using certain third party social network (Social Network) accounts, for example Facebook. If you choose to sign up using a Social Network account and/or link your Social Network account to the Service, you agree that:
      (a) you are allowed to disclose your Social Network account details to us;
      (b) your use of that Social Network in connection with the Service is subject to the terms and conditions you have agreed with that Social Network (and we have no part in that);
      (c) we may use content from that Social Network, to the extent you allow us, and all such content will be deemed Content for the purpose of these Terms; and
      (d) the ability to integrate a Social Network account with the Service is dependent on the availability and functionality of that Social Network, and we are not responsible for any failure of the same or for how this may impact on your use of the Service.
    • You cannot use the Service if such use of the Service would constitute a breach of any applicable Sanctions. ‘Sanctions’ means any trade, economic or financial sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by the following ‘Sanctions Authorities’: (i) Indonesia goverment; (ii) the Security Council of the United Nations; (iii) the European Union; (iv) the United States; and/or (v) other government sanctions
    • When you sign up to use the Service (other than via a Social Network account), you will be asked to choose a password which, together with your email address (which will be your username), you will use to log in to the Service. You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that are carried out under them. We will not be responsible for losses suffered by you where your password or user name is used by someone else (whether or not such use is fraudulent). You agree to notify us immediately by email to [email protected] if you become aware of, or suspect any unauthorised use of, your password or username.
    • You promise that:
      • you are at least 18 years old;
      • all information and details provided by you to us (including when you sign up to use the Service and in connection with any Listing are true, accurate and up to date in all respects and at all times;
      • you are able to validly enter into any Exchange and/or Rental agreement that you agree to, or any agreement that you agree to under the Points Scheme, and, in doing so, you will not breach any other agreement you may have with anyone else;
      • you will at all times comply with the restrictions on your use of the Service and any other obligations, in each case as set out in these Terms;
      • you will at all times comply with, and will only use the Service in a manner consistent with, all applicable local, national and international laws and regulations;
      • you will not use the Service if such use is not legal in your jurisdiction; and
      • you will be responsible for obtaining all necessary licences, consents and permissions relating to your use of the Service (including, where relevant, the consent of your landlord, mortgage provider or insurance provider).
      • neither you nor a Home that is the subject of a Listing is (as the case may be) located in, resident in or a citizen of any of Cuba, Iran, Sudan, Syria, the Crimea Region of the Ukraine or North Korea or any other country or region that is subject to comprehensive U.S. Government Sanctions from time to time;
      • you are not a person that is listed on, or owned or controlled by a person listed on, any Sanctions list published by a Sanctions Authority (a ‘Restricted Person’), or a person acting on behalf of such Restricted Person or otherwise a subject of Sanctions;
      • the Home that is the subject of a Listing is not owned by a Restricted Person and the Service would not in any way be connected to or for the benefit of a Restricted Person; and
      • your use of the Service would not otherwise constitute a breach of applicable Sanctions.
  • Your conduct
    You agree that, in using the Service, you will not:
    (a) use the Service for any unlawful purpose;
    (b) use the Service for any illegal commercial or business purpose
    (c) recruit or otherwise encourage any Member to join another service similar to the Service provided by The Loyagami;
    (d) use the Service in any way that interrupts, damages, impairs or renders the Service less efficient;
    (e) impersonate any other person (living or dead), misrepresent your connection with a person or entity or provide false or otherwise misleading information (or fail to provide information which has the same effect);
    (f) sell, pass-on or refer any inquiries from Members to any other person (whether registered with the Service or otherwise);
    (g) transfer files that contain viruses, trojans or other harmful programs;
    (h) authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Service;
    (i) access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Service security measures;
    (j) email, publish or otherwise disseminate any Content or Communication which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or which is otherwise inappropriate; or
    (k) advertise or promote your own or third party products or services (other than your Home).
  • You agree to compensate us fully for any loss or damage whatsoever that we suffer as a result of your breach or alleged breach of these Terms, including, without limitation, your breach ; we do not tolerate the Service being used by similar services to try to recruit Members to their service.
  • You also agree to compensate us fully for any loss or damage whatsoever that we suffer as a result of your breach or alleged breach of any contract between you and any third party (including a Host or Guest, as applicable). This includes any loss or damage we suffer as a result of any claims or legal proceedings brought against us by any third party arising out of such breach or alleged breach.

Listings

    1. As part of the Service, you may provide and list information on the Service about the Home which you would like to Exchange, offer for Rental and/or pledge under the Points Scheme (Listings).
    2. When creating a Listing, you agree to accurately describe your Home, as well as the Exchange, Rental and/or Points Scheme opportunity. This includes an accurate description of the number and size of rooms. Any photos included in a Listing must be of the relevant Home and you must not add photos from any copyrighted service such as Getty Images unless you have their permission – if you do so, we take no responsibility for any such practice. We also consider omissions of relevant information regarding a Home as being inaccurate.
    3. You undertake to ensure that your contact details for any Listing remain complete and accurate, and that the status of any Listing remains correct as regards its availability for Exchange, Rental and/or Pledge, and you further acknowledge that we reserve the absolute right to remove any Listing that we reasonably believe to be inaccurate or no longer available for Exchange, Rental and/or Pledge.
    4. Whilst we hope, and use our reasonable endeavours to ensure, that all Listings are accurate and complete and provide a true representation of the relevant Home and its condition, we cannot guarantee this. We accept no responsibility or liability for inaccurate Listings and/or your reliance on them.

Exchanges, Rentals, Points Redemptions and other dealings with Other Members

    1. If you agree to enter into a Direct Exchange with another Member), the terms of the arrangement and/or agreement regarding that Exchange are solely between you and the other Member. We are not a party to any Exchanges,. You acknowledge and agree, therefore, that, save as set out in these Terms , we have no part in or involvement with, or any responsibility or liability for, any such arrangement, agreement, relationship or other dealings you may have with any other Members, including the terms of any Exchange, Rental or Points Redemption you may agree or the condition or suitability of any property. You also acknowledge and agree that personal information such as email addresses and phone numbers can only be exchanged between Members once Exchanges, Rentals or Point Redemptions have been fully agreed through the Website.
    2. The terms of cancellation for any Rental will be detailed in the relevant Listing. You agree to abide by all such cancellation terms.
    3. You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any person in respect of any arrangement, agreement, relationship or other dealings you may have with other Members. You agree that you will not involve us in any dispute between you and any other Member (except to the extent that we agree in writing to get involved in any such dispute).

Properties

    • If you are a Host Member, you agree:
      (a) to ensure that your Home is in a clean and tidy condition for your Guest and in the same or better condition than that shown in any photos included in your Listing;
      (b) to hold appropriate insurance cover in respect of your Home (and its contents) for when Guests are staying there;
      (c) at all times to treat your Guest with the utmost consideration, courtesy and respect; and (d) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Guest Member or to The Loyagami regarding your Gurst for any Exchange and Rentals
    • If you are a Guest Member, you agree:
      (a) to treat your Host’s Home with the utmost care, and leave it in at least the same condition that it was in when you arrived;
      (b) to accept full responsibility for any damage whatsoever that you cause to the Home of your Host (or its contents), to notify your Host of any such damage within 24 hours and promptly to replace, repair or pay for the same (unless otherwise agreed). (c) to hold appropriate travel insurance in place to cover you in the event that an Exchange is cancelled (whether by you or the Host) or the Home you have booked becomes uninhabitable and/or unavailable; and
      (d) to adhere to all terms, conditions and other agreements (whether in writing, verbally or otherwise) that you have agreed with your Host regarding any Exchange

Communications

  1. The Service allows Members to communicate with and send messages to other Members (Communications).
  2. Communications are allowed solely for the purpose of arranging Exchanges with other Members. You agree not to send Communications that are:
    (a) unsolicited;
    (b) advertising or other commercial promotions;
    (c) announcements;
    (d) charity requests or petitions; and/or
    (e) otherwise inappropriate.

Rights granted and reserved

  1. Your use of the Service and its contents (whether as a Member or otherwise) grants no rights to you in relation to our intellectual property rights (IPR) or the IPR of any third parties.
    9.2 By submitting information, text, photos, graphics or any other content whatsoever to us in connection with the Service (for example, as part of a Listing or Communication) (Content), you grant us the right, on a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide basis, to use such Content at our own discretion in any media, including, without limitation, the right to store, edit, copy, reproduce, distribute, disclose and make such Content publicly available on the Service. You further waive any moral rights you may have in relation to such Content.
  2. You agree that we can edit or take down from the Service without notice any Content you submit to us via the Website if we believe that it is in breach of these Terms (and will use our reasonable endeavours to promptly inform you of this). You also acknowledge that certain types of Content formats (for example, video files) may not be uploaded to the Service. You are responsible for keeping copies of your Content, and we will not make any back-up copies or return any Content to you when you cease to use the Service.
  3. You promise us that any Content you submit to us via the Service will not infringe the IPR or any other rights of any third parties. In relation to any Content you submit which includes any personal information relating to other people, for example where they appear in photographs, you also promise us that you have the right to do so and have obtained all necessary consents.
  4. You agree to compensate and defend us fully against any claims or legal proceedings bought against us by any person as a result of your breach of this clause (including if you are unable to validly grant us the rights you agree to grant).
  5. You acknowledge and agree that, although we alert other Members that they may not misuse your Content (for example, by using it for commercial or business purposes), we cannot guarantee this and accept no liability to you if it is so misused by other Members or any other third parties.

Fees and payment (including Points)

  1. If you are an Active Member, you confirm that you own the credit or debit card you provided us with details of when you became a Member (or any subsequent or replacement credit or debit card you ask us to use for payment of your membership fee and any other amounts payable by you in connection with the Service). All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be responsible for any non-provision of any aspect of the Service. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment.
  2. If you are a Host, you agree that we may act on your behalf (as your agent) for the limited purpose only of accepting, receiving and otherwise dealing with any fees that are due to, or repayable by, you under these Terms. This agency arrangement shall terminate immediately without notice when you cancel your membership (or otherwise cease to be a Member) and all due and outstanding payments have been made/received.
  3. As part of the Service, we provide a feature through which you may view fees for various Listings in foreign currencies. You acknowledge that these views of fees are for information purposes only and are not the official fees for Listings. If you request a Rental, you will be notified of the currency in which you will be charged, together with the corresponding amount of fees. The currency in which you will be charged will be determined by us based on the payment method you select and the location of the Home in the Listing. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, we will be responsible for the required currency conversion processing, including any costs of this, which will be calculated based on the most current applicable foreign exchange rate that we have uploaded to the Website as of the date and time that your Rental is accepted and confirmed by the Host (Applicable Exchange Rate). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs, but we may retain any profits (and will bear any losses) that result from this.
  4. Membership fees
    1. The various levels of membership for the Service and the corresponding membership fees are set out on the Website and are subject to reasonable change by us from time to time.
  5. If an Exchange which has already been accepted and confirmed is cancelled by you, you will be liable for any loss suffered by the other party as result of such cancellation.
  6. If you are a Guest:
    (a) you agree to pay the Host the fee payable for renting their Home as set out in the relevant Listing (Accommodation Fee) with your points or credit card. The Fees may include any applicable fees that include but not limited to cleaning fee, breakfast
    (b) you agree to pay us a fee, in addition to the Accommodation Fee, equal to such percentage of the Accommodation Fee as is set out in the relevant Listing (Service Fee);
    (c) we will charge you the Accommodation Fee and the Service Fee at the time you agree to a Rental;
    (d) if you cancel a Rental which has already been accepted and confirmed by the Host, the Service Fee is always non-refundable. The return of any of the Accommodation Fee already paid by you is subject to the relevant Host cancellation policy you agreed to for that Rental and we reserve the right to deduct from any Accommodation Fee returned to you any Host Fee that was due to us in respect of the cancelled Rental. Please read all cancellation policies carefully;
    (e) if the Host cancels a Rental which has already been accepted and confirmed by them, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at. If we find you an alternative Rental and you agree to it, we will use the Accommodation Fee you have already paid us to pay for that Rental. If we are unable to find you an alternative Rental or you do not agree to any alternative Rental found by us, we will refund to you the Accommodation Fee and the Service Fee previously paid by you; and
  7. if, at the beginning of or during a Rental, the Home is or becomes uninhabitable and/or unavailable for you to stay at due to events or circumstances beyond your reasonable control, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at during your remaining Rental period. If we find you an alternative Rental, we will use the Accommodation Fee you have already paid us to pay for that Rental, provided that we have not already paid such Accommodation Fee to the Host. If we have already paid the Accommodation Fee to the Host, it will be your responsibility to pay for the alternative Rental, although we will use our reasonable endeavours to attempt to recover from the Host on your behalf some or all of the Accommodation Fee already paid by you.

Points Scheme

  1. The Points Scheme is currently only available to subscription paying Members..
  2. If you are a Guest Member and have booked with your points redemption
    1. we will debit from your Points account, once the booking is confirmed by the Host,
    2. if you cancel a Points Redemption which has already been accepted and confirmed by the Host, the number of Points returned to you will be determined in accordance with the Points cancellation policy set out on each host policy;
    3. if the Host cancels a Points Redemption which has already been accepted and confirmed by them, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at. If we are unable to find you an alternative Points Redemption or you do not agree to any alternative Points Redemption found by us, we will credit your Points account with the appropriate number of Points; and
    4. if, at the beginning of or during your stay, the Home is or becomes uninhabitable and/or unavailable for you to stay at due to events or circumstances beyond your reasonable control, we will use our reasonable endeavours to find you an alternative Home of equivalent size and location for you to stay at during the remaining period of your stay. If we are unable to do so, we will credit your Points account with the appropriate number of Points.

Currency

For the avoidance of doubt:

  1. the currency symbol ‘$’, when used on the Website, is a reference to US Dollar (USD), unless otherwise specified; and
  2. the currency symbol ‘Rp’, when used on the Website, is a reference to Indonesian Rupiah (IDR), unless otherwise specified.

Membership term and cancellation of membership

  1. If you choose to become a Member, your membership will begin on the date we send you an email confirming your membership
  2. Your membership will automatically renew for a further period of 12 months or as otherwise specified (Renewal Period) at the then current membership renewal fee at the end of the Subscription Period or any subsequent Renewal Period (as applicable) unless you notify us in writing or by email sent to [email protected] at any time prior to the end of the Subscription Period or relevant Renewal Period (as applicable) that you do not wish your membership to renew. Such notice or email must be received by us by no later than the end of the Subscription Period or relevant Renewal Period (as applicable).
  3. We reserve the right to increase membership fees at any time, and will notify you of this by email to the address you have provided in advance of any changes taking effect.
  4. If your membership automatically renews, you will still be able to change your mind and cancel your membership by notifying us in writing or by emailing us at [email protected], provided that we receive such notice or email by no later than the end of the fourteenth day following the date of such renewal. If you cancel your membership during such period, we will refund to you the membership fee in respect of such renewal if such fee has already been charged to your credit or debit card.
  5. We may immediately suspend or cancel your membership and access to the Service without notice and without refunding any fees if:
    1. you breach any of your obligations or restrictions under these Terms;
    2. you cancel an already agreed and confirmed Exchange (whether as a Guest or a Host) or Rental or Points Redemption (as a Host) other than due to events or circumstances beyond your reasonable control; or
    3. if bankruptcy proceedings are brought against you, or if you do not pay a court judgment on time, or if you make an arrangement with your creditors or if your assets are the subject of any form of seizure.

Booking Cancellations

  1. 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. Loyagami is not responsible for any violation of these terms and conditions which are agreed on between the Vendor and the user, or which are based on the user’s specific requests, so please read the Vendors’ terms and conditions carefully.
  2. Regarding refunds, Loyagami may be able to withhold or take part of the amount paid to reimburse the costs that have been incurred in connection with the cancellation.

Price and Promotion

  1. 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.
  2. If there is any promotion provided directly by the Vendor, then the rights and authority over the promotion will be fully under the Vendor and may not be applied for the reservation conducted through Loyagami.

Additional Charges from hotels

  1. Please note that all prices for hotel reservations provided through our Site (the “Hotel Price”) are based on your selections, such as for the requested period of stay and number of guests, unless otherwise specified. Hotel room reservation rates are quoted per room and per night. You are responsible for verifying whether your selection and any additional requests or services are reflected in the price displayed on the Site (such as the Hotel Information provided before the final booking confirmation) 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 taken into account in the Hotel Price 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 rate, 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.
  2. 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 Price; 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.
  3. 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 our customer service team to clarify.
  4. 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.
  5. 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 Loyagami Customer Service regarding any additional costs that may be included in the Hotel Price.

Payment Detail and Procedures

  1. Payments are made in the amount and currency as stated not including bank fees or any other charges by Loyagami.
  2. Loyagami does not collect taxes or levies. If a hotel or city destination charges taxes, those taxes are the responsibility of the user.
  3. For all forms of reservations, you must make payment within the specified time limit. If the payment is not made, then Loyagami reserves the right to cancel all reservations.
  4. 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 Loyagami confirmation email. You must follow the procedures contained in the confirmation email.
  5. For other payment methods such as credit card, you must follow the procedures stated by Loyagami and/or the relevant payment service provider.
    After you make full payment, Loyagami 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.

Limits on our liability

  1. We do not exclude or limit in any way our liability for:
    1. death or personal injury caused by our negligence or the negligence of our employees or agents;
    2. fraud or fraudulent misrepresentation; or
    3. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
  2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms or our negligence or if it was contemplated by you and us at the time of the agreement between us coming into effect as a possible result of our breach of these Terms or our negligence.
  3. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
  4. We are also not liable to you for:
    (a) any damage to your Home (or its contents) caused by another Member except protected under damage protection program and within its coverage; or
    (b) any failure to provide the Service or to meet any of our obligations under these Terms where such failure is due to your breach of these Terms or events or circumstances beyond our reasonable control.
  5. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Service, we accept no liability for them.

Accessing the Website and availability of the Service

  1. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
  2. We provide the Service on an ‘as-is’ basis and do not guarantee that the Service will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate the Service without notice at any time if we feel this is necessary (for example, for maintenance or upgrades), but will use our reasonable endeavours to notify you of the same in advance.

No reliance

  1. All content on the Website (including Listings) is provided in good faith, but we give no warranty of representation that such content is accurate, complete or up-to-date (or, in the case of a Listing, provides a true representation of the relevant Home and its condition), nor that the Service does not infringe the rights of any third party.
  2. We accept no responsibility or liability for your use of, or reliance on, content provided by us and such use is entirely at your own risk.

Security and linking

  1. Information transmitted via the Service will pass over public telecommunications networks and we cannot guarantee the security of these.
  2. Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only and your use of such other sites and resources is subject to the rules and policies of the relevant site or resource. Please read the rules and policies applicable to that site or resource before proceeding.
  3. We have no control over, nor do we endorse, the contents of those sites or resources nor any use of personal data by such third party and you acknowledge and agree that your use of them is at your own risk. We accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.

General

  1. We may assign our rights, and/or transfer or sub-contract our obligations, under these Terms to another legal entity. These Terms are personal to you. You may not assign your rights, and/or transfer or sub-contract your obligations, under these Terms to anyone else.
  2. Any failure or delay by us in exercising or enforcing any right available to us under these Terms does not constitute a waiver of that right or any other rights under these Terms. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
  3. If any provision of these Terms is disallowed or found to be ineffective, invalid, illegal or unenforceable by any court or regulator, the other provisions shall not be affected and shall continue to apply.
  4. These Terms are not intended to give rights to anyone except you and us.
  5. These Terms are governed by Indonesian law