1. Scope of Application
These General Terms and Conditions (hereafter “GTC”) govern the legal relationship between the tour operator Local-Guides.id (hereafter “TO”) and the tour participants as well as third parties booking tours for tour participants or acting as agents for tours (hereafter “Customer(s)”) for all services provided by TO, in particular the organization of excursions (hereafter “Tour(s)”) and their guiding as far as tour guiding is not provided by third-party providers. For all activities of third-party providers, TO merely acts as an agent; however, such activities are carried out in the name of and according to the terms and conditions of the third-party providers. The present GTC form an integral part of any individual contract independently of the medium through which the contract is closed.
2. Conclusion of Contract / of Booking
Bookings can be made through different distribution channels (internet, travel agency, hotel, tourist information, etc.) by telephone, e-mail, fax or in person. For free participation, too, a booking must be made. Otherwise, TO may exclude the participant and, in case of minors, also their accompanying person (see section 7) from the Tour. On the occasion of the booking, Customers shall inform TO of their credit card details. If bookings for Customers are made by third parties (including bookings of Customers for other Customers), such third parties are liable both for payment of the booked service and Customers’ agreement to these GTC. The contract between the Customer or the third party making the booking, respectively, and TO is concluded with the unconditional acceptance of the booking by TO. Through the booking, the Customer as well as any third party making the booking accept the present GTC as binding. TO will not accept any non-binding reservations.
3. Rates and Terms of Payment
The Tour price per person (hereafter “Tour Price”) is stated the price list in United States Dollar. All prices are quoted including VAT. Prices are subject to change according to section 6. The Tour Price is due at the time of booking.
4. Cancellations / Changes in Bookings by the Customer
TO does not offer any cancellation insurance.
Cancellations and changes in bookings (i.e. any change in the Tour, in the number of Customers or in the Tour date) must be made in writing (including fax or e-mail) and are legally binding upon confirmation by TO. For any change of booking a handling fee of US$ 25 in addition to any additional costs of the Tour is due. In case of cancellation the following fees apply:
Any deviating terms of cancellation are communicated by TO in the confirmation of booking.
Acceptance of any changes in private Tours previously confirmed by TO is at TO’s free discretion.
– changes in the rates of third-party providers, e.g. of transportation companies
– newly introduced or raised taxes, charges or fees
Changes in Tour Prices in case of extraordinary circumstances are communicated 3 weeks prior to the Tour start at the latest. If the difference between the new and the initial Tour Price exceeds 10%, the Customer is entitled either to withdraw from the contract upon written notice within 5 days after communication of the change in Tour Prices against full refund of any Tour Price already paid or to book an alternative Tour of TO in the value of the initially booked Tour without any rebooking fee. Further compensation for damages is excluded.
TO reserves the right to change the Tour program at any time, prematurely curtail the Tour or offer alternative solutions in case of extraordinary circumstances. Any additional costs of the Tour shall be borne by the Customer. TO undertakes to immediately inform the Customer of any changes in services and/or in the program. If the alternative solution is more expensive than the initially booked Tour or unreasonable for the Customer, Customer is offered withdrawal free of charge. Refunds are effected in the same way as payment has been made. Further compensation for damages due to change(s) in Tour Prices or services is excluded.
If the Customer is not present in time at the departure respectively meeting point for the start of or during the Tour, TO reserves the right to exclude the Customer from the Tour after a waiting period of 5 minutes for a half-day Tour or 10 minutes for a day Tour and to depart without the Customer. In this case, the Customer is neither entitled to a refund of the Tour Price nor may the Customer claim any damages. Furthermore, Customer must pay for any additional costs (e.g. transportation back to the starting point) him- or herself.
8.1 Limitation of TO’s Liability
Customers undertake all activities at their own risk. Any liability of TO is limited to the Tour Price as well as any direct damages caused willfully or by gross negligence by TO. TO’s liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded. TO does not assume any liability in case of non-fulfillment of contractual obligations that results from omissions or contract violation by the Customer (in particular due to violation of the terms of participation in section 7). In case of cancellation of a Tour, TO is only liable for the refund of the Tour Price if no alternative Tour is offered. TO does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage or misuse of checks and credit cards.
8.2 Exclusion of Liability for Offers of Third-party Providers and in Case of Force Majeure
TO does not assume any liability for the offers and services of third-party providers nor does TO assume any liability for damages based on circumstances that are beyond TO’s control, such as force majeure, natural events, catastrophes, changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc. Customer undertakes to claim any damages directly from the third-party provider.
8.3 Customer’s Liability
All activities for which TO acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at Customer’s own risk. TO is not liable for the consequences of any accident. TO expects from each Customer a considerable degree of personal responsibility. Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are in particular responsible for an adequate equipment (clothing, footwear, sun protection, etc.).
10. Data Protection
Customers agree that their data, in particular Customer’s name, address, telephone number, birth date, nationality, gender and credit card details, are collected by TO for the carrying out of certain Tours according to the contract. Such data can be forwarded to third-party providers.
11. Amendments to these GTC
TO may amend these GTC at any time. Such amendments are legally binding upon notice to the Customer or publication on https://www.local-guides.id
12. Severability
In case any of the provisions of these GTC shall be held or become invalid, void or unenforceable in any other way, the validity of the remaining provisions shall not be affected thereby. In case of unenforceability of a provision, such provision shall be replaced by an enforceable provision that reflects the intention and purpose of the invalid provision as closely as possible. The same procedure applies if a gap in these GTC becomes evident.