1.1
Through the Site, Thelovpenang provides an online platform where you can browse different types of airlines, train and other transportation services, temporary accommodation and lodging (as applicable), event entrance tickets, tourist attraction entrance tickets, tour packages, prepaid credits, vouchers for prepaid sim-card, experiences and tours, or other services (“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 placing an order through the Site, you will be able to book and/or purchase the airline tickets, train or other transportation tickets, temporary accommodation and lodging (as applicable), event entrance tickets, tourist attraction entrance tickets, tour packages, prepaid credits, vouchers for prepaid sim-card, experiences and tours, or other services. We will provide a booking confirmation via email. We reserve the right to refuse the booking in accordance with these Terms.
1.2
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 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), inaccurate, misleading or false information of Vendors or non-delivery of information by Vendors.
1.3
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, please contact Thelovpenang’s Customer Service and they will assist you.
1.4
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. Vendors may be introduced in the form of different classes based on factors including but not limited to their reviews, ratings or any other factors. The given rating is calculated based on automated algorithms that can be updated and changed as per our discretion.
1.5
To the extent permitted by law, 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. We can at any time delete or remove the account of any user of the Site, either temporarily or permanently. Removed Users must not attempt to use the Site in any other name or through other users.
1.6
In a particular case, we may cancel or reject reservations with respect to a “Real Mistake”, which does not depend on where the error originated. A Real Mistake is a fault on the Site (for example, in terms of price) which no reasonable person would consider appropriate or to make business sense. The amount charged shall be reimbursed without further charges in such a case.
1.7
Every payment related to the booking or reservation of the Services shall be made directly to Thelovpenang’s bank account or Thelovpenang payment channels. Except where Thelovpenang is required to hold such payments based on trust for the relevant Vendor pursuant to a separate agreement applicable to the relevant Vendor, all such payments will be the property of Thelovpenang 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. Thelovpenang shall not be responsible for the validity of the reservation, if the payment is not being made directly to Thelovpenang’s bank account or Thelovpenang payment channels.
2.1
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. Thelovpenang 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.
2.2
Regarding refunds, including by means of credit card chargeback, and subject to any applicable rights you may have at law, Thelovpenang 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.
3.1
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 Thelovpenang’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. Thelovpenang is not responsible for the availability and/or fulfillment of your special requests by the Vendor.
3.2
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).
4.1
By displaying particular destinations, Thelovpenang does not represent or warrant that travel to such destinations is advisable or risk-free and Thelovpenang is not liable for damages or losses that may result from travel to such destinations. Under no circumstances shall Thelovpenang 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, Thelovpenang is not responsible for any loss that occurs if you fail to bring the required travel documents, such as your passport, e-ticket, e-voucher, and any other reasons caused by you.
4.2
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 Thelovpenang 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. Thelovpenang will not be responsible for any consequence resulting from violation of these terms and conditions.
4.3
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. Thelovpenang 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.
5.1
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 Thelovpenang be responsible or liable for any claims, losses or liability with respect to the ratings shown on the Site.
6.1
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.
6.2
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 Thelovpenang.
7.1
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 Thelovpenang (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, Thelovpenang 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 Thelovpenang as a result of the non-payment. If you have any questions about the Services, you can contact Thelovpenang Customer Service. For any other cancellations, subject to any applicable rights you may have at law, as well as Thelovpenang’s and the airline’s/vendor’s policy, Thelovpenang will first investigate and verify applicable booking prior to providing refunds of the same amount paid by you, less any applicable costs incurred by Thelovpenang, including however not limited to processing and administrative surcharges, inter-bank transfer fees, credit card fees etc. (“Refund Amount”). Upon successful verification by Thelovpenang, refunds will initially be offered to you in the form of electronic vouchers (e.g. Thelovpenang Coupon, Thelovpenang Points, and/or Travel Voucher from the airline/vendor) Thelovpenang will work with you to refund amounts already paid by you, reduced by the reasonable costs incurred by Thelovpenang (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.
7.2
You can contact Thelovpenang Customer Service for further details on the estimated duration for receiving your refund and we will assist you as best as we can.
7.3
Thelovpenang 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 Thelovpenang’s bank account or Thelovpenang payment channels.
8.1
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.
8.2
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 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 Thelovpenang’s control.
8.3
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 Thelovpenang Customer Service to clarify.
8.4
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. Thelovpenang does not arrange any transport and is not responsible for such transport service. You agree that Thelovpenang 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.
8.5
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 Thelovpenang Customer Service regarding any additional costs that may be included in the Hotel Price.
9.1
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. We will collect, use, disclose and process your personal information in accordance with our Privacy Policy, available here.
9.2
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 Thelovpenang.
9.3
You cannot assign or transfer your account to any other party.
9.4
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 Thelovpenang is not responsible for any loss or damage arising from the misuse of your account in accordance with this clause 9.4.
9.5
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.
9.6
Thelovpenang has the full right to temporarily block, delete, or deactivate your account at our sole discretion and for any cause without giving reasons for blocking, deletion, or deactivation of your account provided that this will not affect our obligations to provide any Services that have been purchased by you prior to that time (unless we also cancel those Services as permitted by these Terms). The reasons for blocking, deletion, or deactivation of your account may include but are not limited to:
10.1
By registering with Thelovpenang, you will automatically be a member of our loyalty program named “ThelovpenangClub” operated by Thelovpenang.
10.2
As a member of ThelovpenangClub, you will gain access to the points, promotions, discounts, features, or other benefits offered by Thelovpenang 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.
11.1
Payments are made in the amount and currency as stated, not including bank fees or any other charges by Thelovpenang.
11.2
Thelovpenang does not collect taxes or levies. If a hotel or city destination charges taxes, those taxes are the responsibility of the user.
11.3
For all forms of reservations, you must make payment within the specified time limit. If the payment is not made, then Thelovpenang reserves the right to cancel all reservations.
11.4
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 Thelovpenang confirmation email. You must follow the procedures contained in the confirmation email.
11.5
For other payment methods such as credit card, you must follow the procedures stated by Thelovpenang and/or the relevant payment service provider.
11.6
After you make full payment, Traveloka will place the order and issue a reservation code, which will be accompanied by:
12.1
For payment of bookings placed through the Site, your credit card will be billed by Thelovpenang 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. Thelovpenang 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.
12.2
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, Thelovpenang 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 Thelovpenang services (including, but not limited to, ThelovpenangQuick), other than where this arose from the fraud, negligence or willful action of Thelovpenang 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 Thelovpenang, you must contact Thelovpenang Customer Service.
12.3
To make a reservation you must be aged over eighteen (18) years old and have full legal capacity to make the transaction (or have authorization from your legal guardian). 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 Thelovpenang.
12.4
You shall ensure that the details you provide to us are completely accurate. Thelovpenang reserves the right to not accept certain credit cards. Thelovpenang can add or remove other payment methods at our sole discretion.
12.5
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. Thelovpenang 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.
13.1
Thelovpenang 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 Thelovpenang 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 Thelovpenang 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.
13.2
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 Thelovpenang, 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:
13.3
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.
14.1
By completing a booking, you hereby agree to receive electronic mail containing an invitation to provide reviews or content reviews with respect to the selection of Vendors. Thelovpenang has sole discretion whether your review will appear on the Site. Traveloka can display the review, which may contain comments, level of service and your name.
14.2
In providing a review, you agree to ensure that:
14.3
You must bear all responsibility for the content of the reviews that you provide or submit.
14.4
Reviews provided by you will be deemed to not contain confidential information and Thelovpenang shall have no obligation to treat any review as confidential information. Without limiting the other provisions contained in these Terms, Thelovpenang has sole discretion to use reviews as deemed appropriate including but not limited to removing, cutting, modifying, or otherwise editing the review. Thelovpenang 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. Thelovpenang shall have no obligation to provide or include or mention authors or other third parties.
14.5
In any case, you hereby agree that with respect to the content of your reviews:
15.1
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 Thelovpenang and its affiliated companies or by the Vendors or other third parties that Thelovpenang 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 Thelovpenang. If you violate these rights, Thelovpenang reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.
15.2
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 Thelovpenang and its affiliated companies or by the Vendors or other third parties that Thelovpenang 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 Thelovpenang. If you violate these rights, Thelovpenang reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.
15.3
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 TravelokaThelovpenang
15.4
Thelovpenang 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.
15.5
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.
15.6
Thelovpenang 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 Thelovpenang of open source software and the Intellectual Property Rights of a third party are with the necessary licences or permits.
16.1
If there is evidence of violations of your Intellectual Property Rights, you or your representative (collectively, the “Sender”) may send a notice containing the following details listed below:
17.1
YOU HEREBY DECLARE TO AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:
17.2
Nothing in these Terms limits or excludes:
17.3
You hereby agree to indemnify and hold harmless Thelovpenang 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.
17.4
The Site may contain links to websites operated by parties other than Thelovpenang. 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.
17.5
Thelovpenang 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.
17.6
In the event of termination, both you and Thelovpenang 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.
17.7
Thelovpenang shall not be liable to you or any third-party for any termination or suspension of your access to the Site.
17.8
You agree and consent to us collecting, using, disclosing and processing your personal data as set out in our Privacy Policy, available here.
18.1
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 sixty (60) days from the date of the notice of dispute. However, if such dispute may not be settled by mutual consultation within sixty (60) days, it shall be referred to mediation at the Singapore Mediation Centre in accordance with the Mediation Procedure. If the dispute remains unresolved, the parties agree the courts of the Republic of Singapore have non-exclusive jurisdiction. If you are a consumer and resident of a country other than the Republic of Singapore you and we may also bring proceedings in that other country.
18.2
These Terms shall constitute the entire agreement and understanding between you and Thelovpenang on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and Traveloka concerning the subject matter thereof.
18.3
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 Thelovpenang 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.
18.4
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.
18.5
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.
18.6
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.
18.7
You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
18.8
We reserve the right to change, modify, add and delete these Terms (or parts thereof) 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, provided that we will use reasonable endeavours to provide notice of material changes on the Site. We may amend the Terms at any time by posting a variation on the Site. The latest version of the Terms will supersede all previous versions.
18.9
Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms. The application of the Contracts (Rights of Third Parties) Act (Cap. 53B) and any re-enactment is expressly excluded.
18.10
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). Thelovpenang 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 Thelovpenang by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).
19.1
Thelovpenang 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.
19.2
Thelovpenang shall not be responsible for any damages or losses caused by any means to any party because of the Force Majeure Event.
20.1
Certain products offered through this Platform are subject to the terms and conditions that can be accessed here (“Secondary TnC”). Your acceptance to this 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.
