Section 1 – Definitions
1. Meanings: In these Terms & Conditions, these particular expressions have the following meanings:
- “Baggage” or “baggage” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.
- “Baggage Check” means a document issued to Passenger by us as a receipt for Checked Baggage and which relate to the carriage of Checked Baggage and includes the Baggage Identification Tag.
- “Baggage Identification Tag” means a document issued by us solely for identification of Checked Baggage.
- “Checked Baggage” means baggage of which we take custody and for which we have issued a Baggage Identification Tag; it is also sometimes referred to as “registered baggage”.
- “Conditions of Contract” means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these Terms & Conditions and notices available at our offices and check-in counters.
- “Connecting Flight” means a time between the arrival of fast boat transfer to the departure of a flight which shall not be less than four (4) hours between estimated arrival time of fast boat on the harbor and the last check-in time of the flight. We reserve the right to revise the Connecting Flight policy without prior advise due to harbor or airport restrictions imposed upon us by and/or operational requirements.
- “Damage” includes death, bodily injury to a passenger, delay, loss, partial loss or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.
- “Electronic Ticket” means the Itinerary issued by us or on our behalf.
- “Itinerary” or “Travel Itinerary” means the document we issue to Passenger that includes the Passenger’s name, trip information, booking number, Conditions of Contract and notices.
- “Passenger”,” you”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in a boat with our consent.
- “Route” means the boat trip from the harbor at the point of origin to the harbor at the point of destination.
- “Seat” means a seat in our boat.
- “Tariff” means our fares and charges published electronically or on paper.
- “Ticket” means the Itinerary and includes the Electronic Ticket issued by us or on our behalf and including the Conditions of Contract and notices contained in it.
- “Shuttle” means point to point overland transfer service between the harbor and passenger’s accommodation.
- “Terms & Conditions” means these Terms and Conditions of Carriage.
- “Unchecked Baggage”, means any baggage other than Checked Baggage including all items brought by you into the boat cabin.
- “We”, “our”, “ourselves”, “us” and “Carrier” means Wahana Gili Ocean.
- “Website” means the internet site www.wahanagiliocean.com provided by us for the purpose of Passengers making online bookings and to access information about us.
Section 2 – Applicability
- 2.1. General: These Terms & Conditions apply to the carriage by boat or by other means of transportation including surface transportation of Passengers and Baggage performed by us or on our behalf and to any liability we may have in relation to that carriage and transportation.
- 2.2. Terms & Conditions Prevail: Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms & Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.
- 2.3. Language: The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English shall be the sole language used in the interpretation of these Terms & Conditions.
Section 3 – Tickets / Itinerary
- 3.1 Evidence Of Contract: The Itinerary is primary evidence of the contract for carriage between passenger and us. The Itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.
- 3.2 Transferability: The contract for carriage is only transferable as provided in these Terms & Conditions and our Conditions of Contract.
- 3.3 Validity: The Itinerary is only valid for the Passenger named and the trip specified therein.
- 3.4 Identity: Unless otherwise specified, we will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification at check-in.
Section 4 – Fares
- 4.1 General: Fares apply to carriage from the harbor at the point of origin to the harbor at the point of destination and ground transport services between harbor and passenger’s accommodation (limited for coverage areas) unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights.
- 4.2 Infants: The fees for infants between nine (9) days old to under the age of three (3) – 36 months) years old (on the date of travel) are provided exclusively in the fare structure. An infant may travel provided he sits on an adult’s lap. Only one (1) infant is allowed for one (1) adult. The number of infants is limited per flight due to safety regulations and as such, there may be a possibility that we may not be able to accommodate your request to carry infants with you.
- 4.3 Government Taxes, Charges and Insurance Surcharge: Any government taxes, charges or insurance surcharge imposed on boat trip by the Government, relevant authority or the harbor operator in respect of your use of any of our services or facilities will be included to our fares, administration fees and charges, unless otherwise specifically stated by us. Such government taxes, charges and insurance surcharge imposed on air travel may change from time to time and can be imposed even after the date that your booking has been confirmed.
- 4.4 Accuracy: All fares, prices, flight schedules, routes published, prebooked products and services are correct at the time of publication and are subject to change at any time and from time to time without prior notice.
- 4.5 Applicable Fares: Applicable fares are those published by us or on our behalf, whether electronically or by way of other medium. Fares include administration fees, service charges and other charges unless otherwise specifically stated by us.
Section 5 – Payment and Currency
- 5.1 Purchaser Conditions: In order to make a booking you must be over 18 years old and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account. We reserve the right not to accept certain credit cards. We may add or remove other payment methods at its discretion.
- 5.2 Currency Conversion: All transactions are based on Indonesian Rupiah (IDR). For convenience purpose, we provide currency converter on our reservation form system. The currency conversion rate is determined by us. Your bank may impose additional fees on the transaction, over which we have no control. Please note that exchange rates fluctuate daily.
Section 6 – Booking of Seats
- 6.1 Confirmation of Booking: The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the Itinerary.
- 6.2 Group Bookings: These are governed by specific terms that vary from time to time. Please contact us for further details.
- 6.3 Payment: Unless otherwise specified, fares must be paid in full when a booking is made. In the event that the fare has not been paid in full for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the boat.
- 6.4 Personal Data: You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.
- 6.5 Snacks and Drinks: We provide snacks and drinks on the boat trip with certain menu. The passengers are not possible to request menu selection for the snacks and drinks.
- 6.6 Any booking made one day in advance does not get guaranteed seat availability before we confirm your booking.
Section 7 – Pickup and Drop Off Service
- 7.1 Pickup and Drop Off Service: We provide pickup and drop off service in Bali between Padangbai harbor and destination point for each passenger with below conditions:
- The shuttle service is sharing basis, i.e. all passengers will be organized into each allocated transportation.
- The coverage areas for free shuttle are: Denpasar, Sanur, Kuta, Seminyak, Legian, Kerobokan, Central Jimbaran, Ubud (Central, Monkey Forest), Candidasa, Ngurah Rai airport.
- The area excludes of free shuttle coverage will be charged as per car.
- Each passenger is entitled to bring maximum two travel baggage. Surfboard is subject to extra charge of IDR 25.000 per board.
- All passengers should be ready on their hotel lobby for pickup at determined time range. If the driver fail to meet you at determined time and place, the alternative transportation will be your responsibility.
- 7.2 Connecting Flight: We provide drop off service at Ngurah Rai airport in Bali. The shuttle is sharing basis and may stop at several points and takes the longer route before reach the airport. We shall not be liable to you for your failure to meet any connecting flights. You may not take this fast boat service if you have to be in the airport less than 4 (four) hours after scheduled boat arrival time.
Section 8 – Check-in and Other Requirements of Carriage
- 8.1 Check-In, Deadlines and Conditions: Please check in at the departure harbor at least 30 minutes prior to depart time. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid:
- if you fail to have proper identification or fail to identify yourself to our staff;
- if you have not fully paid any fare or other fees or charges due to us;
- if you have been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally;
- if the Government or other authorities prohibits your checking in or boarding the boat;
- if in our judgment, you are not fit to travel due to drunkenness or any obvious adverse medical condition; and/or
- if in our judgment, you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers.
- Unavailability of Seat: There is a chance a seat may not be available for you on your trip even if your booking is confirmed. This is due to the common practice in the fast boat industry of overbooking. In the event of such unavailability of seat, we shall at our option, either:
- carry you at another Wahana Gili Ocean boat with scheduled services on which space is available without additional charge; or
- carry you at the boat / aircraft of our company partner with scheduled services on which space is available with adjusted additional charge; or
- should you choose to travel at another time with adjusted additional charge.
- No-show: You must be present at check in on time and be present at the boat not later than the time specified by us at the time of check in. Failing to check in on time and boarding the boat by the time the boat departs, the fare you paid will not be refunded to you for any reason whatsoever.
Section 10 – Baggage
- 10.1 Maximum Baggage Allowed: Each passenger is entitled to a maximum of 2 pieces luggage carried free of charge, not exceeding a total weight of 25 kg.
- 10.2 Items Unacceptable as Baggage or to be Carried Inside Baggage: We reserve the right to refuse carriage of such baggage or such items found in baggage as follows:
- Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
- Items which are likely to endanger the boat or persons or property on board.
- Items the carriage of which are prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over;
- Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
- Fragile or perishable items;
- Live or dead animals;
- Human or animal remains;
- Firearms and ammunition;
- Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium) corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches).
- Weapons such as antique firearms, swords, knives and similar items.
- 10.3 Valuable and Fragile Goods: Passengers are strongly advised not to check in such items as baggage. If they are checked in as baggage, passengers agree they send for carriage of such items at their own risk. Such items include money, jewellery, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like.
- 10.4 Collection and Delivery of Baggage: You shall collect your Baggage as soon as it is available for collection at places of destination. We deliver the baggage as well on departure and arrival time. However, since the fare is exclude baggage insurance, we do not have any liability to you in case of lost or damage of baggage.
Section 11 – Schedules, Cancellations
- 11.1 Schedules: We will use our best efforts to avoid delay in carrying you and your baggage. We will endeavour to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change.
- 11.2 Cancellation, Changes of Schedules From Us: At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone reschedule or delay any trip where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such trip cancellation, we shall at our option, either:
- carry you at the other opportunity on another of our scheduled services on which space is available without additional charge; or
- carry you at the boat / flight of our company partners with adjusted charge; or
- you may choose to travel at another time with our service without additional charge, or
- you may request for nett refund (not inclusive agent commission).
- 11.3 Trip changed by Passenger: Once a ticket has been issued, trip changes are subject to the following terms: Inside of forty-eight (48) hours prior to the scheduled trip departure time, no changes are allowed. The charges for trip change outside of forty-eight (48) hours prior to the scheduled trip departure time are provided. Changes on route is not allowed, unless otherwise specified.
- 11.4 Name Change: Once a booking number has been issued, you are not allowed to substitute the passenger named in the confirmed booking with another passenger’s name, unless in certain conditions. Please contact us for help.
- 11.5 Cancellation by passenger: The cancellation fee structure below is applied:
- If you purchased the ticket through the agent, we strongly advise you to make the cancellation through the agent to receive better refund (it could be inclusive agent comission).
- A cancellation 2 week prior to the departure is not subject to a cancellation fee. A cancellation between 1 to 2 weeks prior departure is subject to a cancellation fee of 50% of the nett price. A cancellation between 1 week to 48 hours prior to departure is subject of a cancellation fee 75% of the nett price. A cancellation inside 48 hours prior to departure or no show is subject of a cancellation fee 100% of the nett price.
Section 12 – Liability Limitations
- 12.1 Notice of Liability Limitations: The following rules shall apply:
- Since the fare is NOT inclusive baggage insurance, we have no any liability for loss, delay, or damage to baggage unless otherwise is stated. All passengers are strongly advised to take care their personal baggage during the trip.
- We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, include our property.
- We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including but not limited to fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples.
- Our fare is inclusive passenger’s insurance provided by PT. Jasa Raharja with limited liability for any injury, or death, caused by boat accident within the trip. Please refer to Section for more detail about insurance.
- The contract of carriage including these Terms & Conditions and exclusions or limits of liability, applies to our authorized agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized agents, servants, employees and representatives shall not exceed the amount of our own liability if any.
Section 13 – Insurance
- 13.1 Conditions of Insurance: The rules below shall applicable:
- The insurance is provided for passengers only, and is not covering for baggage.
- The insurance is provided by Indonesia public insurance for transportation service PT. Jasa Raharja (see www.jasaraharja.co.id).
- All claims should meet requirements of PT. Jasa Raharja’s Terms & Conditions.
- The insurance is limited by the terms of PT. Jasa Raharja. Any excess payment outside of PT. Jasa Raharja’s insurance coverage is NOT our liability.
- 13.2 Insurance Coverage: The insurance is limited as below:
- 1. Personal Treatment (Maximum) Rp. 10.000.000
- 2. Permanent Disability (Maximum) Rp. 25.000.000
- 3. Death Rp. 25.000.000
Section 14 – Legislation and Courts of Jurisdiction
- 14.1 This agreement will be governed by Indonesian law and any disputes will be dealt with by the Indonesian courts.
Section 15 – Modification and Waiver
- 15.1 None of our agents, employees nor representatives has authority to alter, modify or waive any provisions of these Terms & Conditions.