Last Updated: September 6, 2019
Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and PT PERJAMPAT governing the Payment Services (defined below) conducted through or in connection with the SRA Platform.
The PT PERJAMPAT Terms of Service (“PT PERJAMPAT Terms”) separately govern your use of the SRA Platform. All capitalized terms have the meaning set forth in the PT PERJAMPAT Terms unless otherwise defined in these Payments Terms.
In certain situations, Guests may be required to enter into unique payment processing agreements with SRA Payments. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.
Our collection and use of personal information in connection with your access to and use of the Payment Services is described in PT PERJAMPAT’s Privacy Policy.
Table of Contents
1. Scope and Use of the Payment Services
2. Modification of these Payments Terms
3. Eligibility, Guest Verification
4. General Financial Terms
5. Currency Conversion
6. Disclaimers
7. Liability
8. Indemnification
9. Termination, Suspension, and other Measures
10. Applicable Law and Jurisdiction
11. General Provisions
12. Contacting SRA Payments
1. Scope and Use of the Payment Services
SRA Payments uses Xendit (PT Sinar Digital Terdepan) as a Payment Method to facilitate payment by Guests for confirmed Bookings. (“Payment Method”)
Upon confirmation by the Host of a requested Booking, an invoice will be issued for payment via Xendit.
PT PERJAMPAT is not responsible or liable for your use of Xendit’s services. Xendit’s Terms of Service and Privacy Policies apply to your use of Xendit’s services.
2. Modification of these Payments Terms
SRA Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the SRA Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
3. Eligibility, Guest Verification
3.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
3.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4. General Financial Terms
4.1 Fees
SRA Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Users via the SRA Platform.
4.2 Cancellation for non-payment
Xendit invoices for confirmed Bookings will show a Due Date by which the invoice must be paid. (“Due Date”)
In the event that the total amount of the invoice for the Booking is not received into PT PERJAMPAT’s Xendit Account by the Due Date, the Booking will be cancelled.
No further requests for payment or, in the event that the invoice is not paid by the Due Date, notice of cancellation of the Booking will be provided to the Guest.
It is the responsibility of the Guest to ensure that payment of the Xendit invoice is made in time for Xendit to credit PT PERJAMPAT’s Xendit Account by the Due Date.
4.2 Refunds
4.2.1 Any refunds or credits due to a Guest pursuant to the PT PERJAMPAT Terms will be initiated and remitted by SRA Payments.
4.2.2 All refunds may be subject to the PT PERJAMPAT Terms, Extenuating Circumstances Policy, Guest Refund Policy and Service Fees. If a Guest or PT PERJAMPAT decides for any reason to cancel a confirmed booking pursuant to the APT PERJAMPAT Terms, Guest Refund Policy, or Extenuating Circumstances Policy, you agree that SRA Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
4.3 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up paying the correct amount. This may be performed by SRA Payments or a third party such as your financial institution.
5. Currency Conversion
SRA Payments will process each transaction in Indonesian Rupiah (IDR). Note that Xendit may impose transaction, currency conversion or other fees based on the currency the Guest selects to make payments, and SRA Payments is not responsible for any such fees and disclaims all liability in this regard.
6. Disclaimers
6.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
6.2 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
7. Liability
7.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use the SRA Platform in your name, you are responsible for the actions taken by that person. Neither SRA Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not SRA Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will SRA Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the SRA Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between SRA Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect SRA Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
7.2 If you reside in the EU, SRA Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. SRA Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of SRA Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of SRA Payments is excluded to the maximum extent allowed by applicable law.
8. Indemnification
You agree to release, defend (at SRA Payments’ option), indemnify, and hold SRA Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; or (iii) your breach of any laws, regulations, or third-party rights.
9. Termination, Suspension, and other Measures
9.1 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the PT PERJAMPAT Terms.
9.2 Without limiting our rights specified below, SRA Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
9.3 SRA Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) SRA Payments believes in good faith that such action is reasonably necessary to protect other Users, PT PERJAMPAT, the Association, SRA Payments, or third parties (for example in the case of fraudulent behavior of a User).
9.4 In addition, SRA Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the PT PERJAMPAT Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method, or (iv) SRA Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of PT PERJAMPAT, the Association, its members, SRA Payments, or third parties, or to prevent fraud or other illegal activity.
9.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by SRA Payments and an opportunity to resolve the issue to SRA Payments’ reasonable satisfaction.
9.6 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
10. Applicable Law and Jurisdiction
10.1 These Payments Terms will be interpreted in accordance with the laws of Indonesia, without regard to conflict-of-law provisions. Judicial proceedings must be brought in the Commercial Court of the City of Sorong, West Papua, Indonesia, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in City of Sorong, West Papua, Indonesia.
11. General Provisions
11.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between SRA Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between SRA Payments and you regarding the Payment Services.
11.2 No joint venture, partnership, employment, or agency relationship exists between you or SRA Payments as a result of this Agreement or your use of the Payment Services.
11.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
11.4 SRA Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
11.5 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by SRA Payments via email, SRA Platform notification, or messaging service (including SMS). For notices made to Users residing outside of Germany, the date of receipt will be deemed the date on which PT PERJAMPAT transmits the notice.
12. Contacting SRA Payments
These Payments Terms are available at https://www.stayrajaampat.com/payments-terms-of-service
SRA Payments will provide a copy of these Payments Terms on request. IIf you have any questions about these Payment Terms of Service, please email us, or send your enquiry via the SRA Platform contact page.