Last Updated: September 5, 2019
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Stay Raja Ampat website, you agree to comply with and be bound by these Terms of Service.
Thank you for using Stay Raja Ampat, the web portal of the Perkumpulan Penggerak Usaha Dan Penghidupan Masyarakat Asli Raja Ampat. (The Association of Indigenous Community Entrepreneurship and Livelihood in Raja Ampat, commonly known as PERJAMPAT, or the Raja Ampat Homestay Association) (“Association”)
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and the Association (as defined below) governing your access to and use of the Stay Raja Ampat website (“SRA”), including any subdomains thereof, and any other smart device applications, and application program interfaces (collectively, “Applications“) and all associated services (collectively, “SRA Services“). SRA, the Applications and SRA Services together are hereinafter collectively referred to as the “SRA Platform”. Our Cancellation Policy, Guest Refund Policy, and other Policies applicable to your use of the SRA Platform are incorporated by reference into this Agreement.
When these Terms mention “Stay Raja Ampat,” “we,” “us,” or “our,” it refers to the Association company you are contracting with.
You are contracting with PT BAHARI PERJAMPAT SEJAHTERA. (“PT PERJAMPAT”) PT Bahari Perjampat Sejahtera is an Indonesian company fully owned by the members of the Association.
Any and all payment processing services through or in connection with your use of the SRA Platform (“Payment Services“) are provided to you by one or more SRA Payments entities (individually and collectively, as appropriate, “SRA Payments“) as set out in the Payments Terms of Service (“Payments Terms“).
Table of Contents
1. Scope of Association Services
2. Eligibility, Using the SRA Platform, User Verification
3. Modification of these Terms
4. Account Registration
6. Service Fees
7. Terms specific for Guests
8. Booking Modifications, Cancellations and Refunds
9. Ratings and Reviews
10. Rounding off
11. Prohibited Activities
12. Term and Termination, Suspension and other Measures
16. Dispute Resolution and Arbitration Agreement
18. Applicable Law and Jurisdiction
19. General Provisions
1. Scope of Association Services
1.1 The SRA Platform is an online service that enables users (“Users”) and community-owned tourism businesses who offer services (Businesses who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the SRA Platform (“Listings”) and to communicate and transact directly with Users that are seeking to book such Host Services (Users using Host Services are “Guests”). Host Services may include the offering of serviced properties for use (“Accommodations“), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the SRA Platform, the PT PERJAMPAT does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is PT PERJAMPAT an organiser or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Users make or accept a booking, they are entering into a contract directly with each other. PT PERJAMPAT is not and does not become a party to or other participant in any contractual relationship between Users, nor is PT PERJAMPAT a real estate broker or insurer. PT PERJAMPAT is not acting as an agent in any capacity for any User, except as specified in the Payments Terms.
1.3 PT PERJAMPAT guarantees that (i) Listing and Host Services descriptions and photographs are correct and true representations of such Listings and Host Services at the time of their publication on SRA, and (ii) guest reviews and ratings are held for moderation prior to publication, and all reasonable efforts are made to ensure only genuine Guest reviews and ratings are published.
1.4 While we may help facilitate the resolution of disputes, PT PERJAMPAT has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. PT PERJAMPAT does not endorse any User, Listing or Host Services. Any references to a User being “verified” (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by PT PERJAMPAT about any User, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Users, whether online or in person. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by PT PERJAMPAT of any Host or Listing.
1.5 To promote the SRA Platform and to increase the exposure of Listings to potential Guests, Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Listings and other User Content may be translated, in whole or in part, into other languages. PT PERJAMPAT cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The SRA Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The SRA Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. PT PERJAMPAT is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by PT PERJAMPAT of such Third-Party Services.
1.7 Due to the nature of the Internet, PT PERJAMPAT cannot guarantee the continuous and uninterrupted availability and accessibility of the SRA Platform. PT PERJAMPAT may restrict the availability of the SRA Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the SRA Platform. PT PERJAMPAT may improve, enhance and modify the SRA Platform and introduce new Association Services from time to time.
2. Eligibility, Using the SRA Platform, User Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the SRA Platform. By accessing or using the SRA Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 PT PERJAMPAT may make access to and use of the SRA Platform, or certain areas or features of the SRA Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the SRA Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the SRA Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 Some areas of the SRA Platform may implement Google Maps/Earth (or similar) mapping services, including Google Maps API(s). Your use of Google Maps/Earth and/or other mapping services is subject to the relevant mapping service provider/s’ Additional Terms of Service.
3. Modification of these Terms
PT PERJAMPAT reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the SRA Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the SRA Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 Registration of an account is not required to use the SRA Platform.
4.2 Guests must provide a name and email address to facilitate booking requests, confirmations and ongoing communication regarding bookings.
4.3 Guests must provide accurate, current and complete information during the booking process.
5.1 PT PERJAMPAT may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the SRA Platform (“User Content“); and (ii) access and view User Content and any content that PT PERJAMPAT itself makes available on or through the SRA Platform, including proprietary Association content and any content licensed or authorized for use by or through PT PERJAMPAT from a third party (“Association Content” and together with User Content, “Collective Content“).
5.2 The SRA Platform, Association Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the SRA Platform and Association Content, including all associated intellectual property rights, are the exclusive property of the Association and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SRA Platform, Association Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of the Association and used on or in connection with the SRA Platform and Association Content are trademarks or registered trademarks of the Association in Indonesia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the SRA Platform, Association Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the SRA Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Association or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, PT PERJAMPAT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the SRA Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the SRA Platform, you grant to PT PERJAMPAT a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the SRA Platform, in any media or platform. Unless you provide specific consent, PT PERJAMPAT does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
5.6 You are solely responsible for all User Content that you make available on or through the SRA Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the SRA Platform or you have all rights, licenses, consents and releases that are necessary to grant to PT PERJAMPAT the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or PT PERJAMPAT’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates PT PERJAMPAT’s Content Policy or any other PT PERJAMPAT policy. PT PERJAMPAT may, without prior notice, remove or disable access to any User Content that PT PERJAMPAT finds to be in violation of these Terms or PT PERJAMPAT’s then-current Policies or Standards, or otherwise may be harmful or objectionable to PT PERJAMPAT, its Users, third parties, or property.
5.8 TPT PERJAMPAT respects copyright law and expects its Users to do the same. If you believe that any content on the SRA Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 PT PERJAMPAT may charge fees to Guests (“Service Fees”) in consideration for the use of the SRA Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 The applicable Service Fees (including any applicable Taxes) are collected by SRA Payments. Any Service Fees are included in the Total Fees collected by SRA Payments.
7. Terms specific for Guests
7.1 Terms applicable to all bookings
7.1.1 You can book a Listing available on the SRA Platform by following the respective booking process. All applicable fees, (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your use of the SRA Platform.
7.1.2 Upon receipt of a booking confirmation from the Host via the SRA Platform, a legally binding agreement is formed between you and your Host, including in particular PT PERJAMPAT’s Cancellation Policy. SRA Payments will collect the Total Fees upon the Host’s confirmation pursuant to the Payments Terms.
7.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
7.2 Booking Accommodations
7.2.1 You understand that a confirmed booking of a Host Service (“Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
7.2.2 You agree to leave the Accommodation on the checkout date advised in your Booking. You agree to leave no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, if the Host agrees to your overstay, you agree to pay directly to the Host whatever nightly fee the Host determines is appropriate .
7.3 Booking Experiences, Events and other Host Services
7.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
7.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
7.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the SRA Platform.
8. Booking Modifications, Cancellations and Refunds
8.1 Guests are responsible for any modifications to a booking that they make via the SRA Platform or direct PT PERJAMPAT customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Service Fees and/or Taxes associated with such Booking Modifications.
8.2 Guests can cancel a confirmed booking at any time pursuant to PT PERJAMPAT’s Cancellation Policy, and Association Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Association Payments pursuant to the Payments Terms.
8.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Accommodation Fee portion of Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, PT PERJAMPAT may allow the Guest to apply the refund to a new booking, in which case Association Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, PT PERJAMPAT may (i) publish a review on the Listing cancelled by the Host indicating that a booking was cancelled. (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to PT PERJAMPAT’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior, or (iii) remove the Host Listing from the SRA Platform.
8.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, PT PERJAMPAT will work with the Host and/or Guests to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
8.5 In certain circumstances, PT PERJAMPAT may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in PT PERJAMPAT’s Extenuating Circumstances Policy or (i) where PT PERJAMPAT believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to PT PERJAMPAT, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.
8.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, PT PERJAMPAT may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
8.7 Except as otherwise set out in these Terms, Users may contact PT PERJAMPAT to send or request money for refunds, or additional Host Services related to bookings.
9. Ratings and Reviews
9.1 Guests can leave a public review (“Review”) and submit a star rating (“Rating”) regarding their experience at a Listing. Ratings and Reviews reflect the opinions of individual Users and do not reflect the opinion of PT PERJAMPAT. Ratings and Reviews are not verified by PT PERJAMPAT for accuracy, but all reasonable efforts are made to avoid publication of spurious reviews. Such efforts notwithstanding, PT PERJAMPAT can not guarantee that factually incorrect or misleading reviews and comments will always be detected.
9.2 Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with the PT PERJAMPAT’s Content Policy and Extortion Policy.
9.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
10. Rounding off
PT PERJAMPAT generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., Indonesian Rupiah, U.S. cents, Euro cents, or other supported currencies). Where PT PERJAMPAT’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, PT PERJAMPAT may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, PT PERJAMPAT may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
11. Prohibited Activities
11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the SRA Platform. In connection with your use of the SRA Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;
- use the SRA Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Stay Raja Ampat, PT PERJAMPAT, or Association endorsement, partnership or otherwise misleads others as to your affiliation with the PT PERJAMPAT or the Association;
- use the SRA Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- unless PT PERJAMPAT explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another User for any purpose other than asking a question related to your own booking, Listing, or the User’s use of the SRA Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
- request, accept or make any payment for Listing Fees outside of the SRA Platform or SRA Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold PT PERJAMPAT harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;.
- use, display, mirror or frame the SRA Platform or Collective Content, or any individual element within the SRA Platform, Stay Raja Ampat, PT PERJAMPAT or the Association’s name, any Association, PT PERJAMPAT or Stay Raja Ampat trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the SRA Platform, without PT PERJAMPAT’s express written consent;
- dilute, tarnish or otherwise harm the PT PERJAMPAT brand in any way, including through unauthorized use of Collective Content, registering and/or using Association, PT PERJAMPAT and Stay Raja Ampat or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to the Association domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the SRA Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by PT PERJAMPAT or any of PT PERJAMPAT’s providers or any other third party to protect the SRA Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the SRA Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the SRA Platform;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
11.2 You acknowledge that PT PERJAMPAT has no obligation to monitor the access to or use of the SRA Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the SRA Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Usrs’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist PT PERJAMPAT in good faith, and to provide PT PERJAMPAT with such information and take such actions as may be reasonably requested by PT PERJAMPAT with respect to any investigation undertaken by PT PERJAMPAT or a representative of PT PERJAMPAT regarding the use or abuse of the SRA Platform.
11.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to PT PERJAMPAT by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
12. Term and Termination, Suspension and other Measures
12.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or PT PERJAMPAT terminate the Agreement in accordance with this provision.
12.2 You may terminate this Agreement at any time by sending us an email.
12.3 PT PERJAMPAT may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
12.4 PT PERJAMPAT may immediately, without notice, terminate this Agreement and/or stop providing access to the SRA Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) PT PERJAMPAT believes in good faith that such action is reasonably necessary to protect the personal safety or property of PT PERJAMPAT, the Association, its members, Users, or third parties (for example in the case of fraudulent behavior of a User).
12.5 In addition, PT PERJAMPAT may take any of the following measures (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 Terms, the Payments Terms, or our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Booking process or thereafter, or (iv) PT PERJAMPAT believes in good faith that such action is reasonably necessary to protect the personal safety or property of PT PERJAMPAT, the Association, its Users, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other User Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the SRA Platform;
- temporarily or in case of severe or repeated offenses permanently stop providing access to the SRA Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by PT PERJAMPAT and an opportunity to resolve the issue to PT PERJAMPAT’s reasonable satisfaction.
12.6 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the SRA Platform or Collective Content, you do so voluntarily and at your sole risk. The SRA Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate PT PERJAMPAT Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by PT PERJAMPAT or the Association relating to a Listing.
If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
You agree that some Experiences, Events, other Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless PT PERJAMPAT and the Association from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
14.1 Unless your Country of Residence is in the EU, 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 SRA Platform and Collective Content, your booking of any Listing via the SRA Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service, or any other interaction you have with other Users whether in person or online remains with you. Neither PT PERJAMPAT nor any other party involved in creating, producing, or delivering the SRA Platform or Collective Content 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 Terms, (ii) from the use of or inability to use the SRA Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the SRA Platform, or (iv) from your booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not PT PERJAMPAT 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. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will PT PERJAMPAT’s aggregate liability arising out of or in connection with these Terms and your use of the SRA Platform including, but not limited to, your booking of any Listings via the SRA Platform, or from the use of or inability to use the SRA Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Host Service, or interactions with any other Users, 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 PT PERJAMPAT 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. If you reside outside of the U.S., this does not affect PT PERJAMPAT’s 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.
14.2 If your Country of Residence is in the EU, PT PERJAMPAT 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. PT PERJAMPAT 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 PT PERJAMPAT in whose proper fulfilment 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 PT PERJAMPAT is excluded.
You agree to release, defend (at PT PERJAMPAT’s option), indemnify, and hold PT PERJAMPAT and its affiliates and subsidiaries, including but not limited to, Association Payments, 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 Terms or our Policies, (ii) your improper use of the SRA Platform or any Association Services, (iii) your interaction with any User, stay at an Accommodation, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
16. Dispute Resolution Agreement
16.1 This Dispute Resolution Agreement shall apply to all Users.
16.2 Overview of Dispute Resolution Process. PT PERJAMPAT is committed to providing a consumer-friendly dispute resolution process. To that end, PT PERJAMPAT undertakes to attend to disputes as promptly and equitably as possible. To report an issue requiring dispute resolution, in the first instance, please notify PT PERJAMPAT by email. Or you can use the Stay Raja Ampat contact page. If you are in Waisai, you can contact or visit the Homestay Information Center for assistance. If you are at a homestay and need immediate assistance, you can call or send an SMS text message to PT PERJAMPAT Director Wisye Sauhoka on +6285244365667. PT PERJAMPAT, SRA administrators, the Host (if one is party to the dispute) and the Guest agree to act in good faith and work together to find a mutually acceptable resolution to any disputes. The Guest acknowledges that, due to geographical and telecommunications constraints in Raja Ampat, the dispute resolution process may in some cases take longer than would be reasonable in a more developed and better serviced location.
16.3 In the event that disputes can not be resolved by negotiation between the parties, the Commercial Court of the City of Sorong, West Papua, Indonesia shall be the sole arbiter.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the SRA Platform (“Feedback“). You may submit Feedback by emailing us, or via SRA’s contact page. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
18. Applicable Law and Jurisdiction
These Terms of Service shall be governed by, and construed in accordance with Indonesian law, and the parties hereto hereby submit to the exclusive jurisdiction of the Commercial Court of the City of Sorong, West Papua, Indonesia
19. General Provisions
19.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between PT PERJAMPAT and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between PT PERJAMPAT and you in relation to the access to and use of the SRA Platform.
19.2 No joint venture, partnership, employment, or agency relationship exists between you and PT PERJAMPAT as a result of this Agreement or your use of the SRA Platform.
19.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4 If any provision of these 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.
19.5 PT PERJAMPAT’s failure to enforce any right or provision in these 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 Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without PT PERJAMPAT’s prior written consent. PT PERJAMPAT may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
19.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by PT PERJAMPAT 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.
19.8 If you have any questions about these Terms please email us.