Island Retreat - General Terms of Business

Island Retreat Resort (I.R.) - Togian Islands- Sulawesi - Indonesia

1.Contract / Contracting
Completion and transmission of any internet booking or reservation form does not create a contract between customer and Island Retreat under Indonesian law, regardless of position or residence of the customer at the moment of registration. Island Retreat has the right to refuse any bookings.
Island Retreat provides a booking form which has to be confirmed by the customer and Island Retreat. The booking form is available on request and has to be signed and sent by fax or postal services. The customer must sent a copy of his Identity card. A contract requires advanced payments from the customer.

2. Data Protection
All customer data will be kept secret by Island Retreat and will not be used for advertising purposes.

3. Payments
Prepayment of the total price in Indonsian Rupiah or US$ D for all tour packages on the bank account of Island Retreat is the standard procedure.
Cash payments to the Island Retreat management or authorized persons are accepted when you are staying and paying for any services at Island Retreat Resort - without any exceptions.
We do not accept Credit cards, EC Cards, any debit cards and checks of any type!!
Any costs resulting from unpaid bills and unvailid checks will be charged to the customer.

4. Calculation, Prices and Offers in the Internet
In case of any errors regarding calculation, prices or offers due to malfunction of the customer's computer, due to malfunction or incompatibility of the customer's programs or provider or due to other technical errors or temporal delays, computer virus attacks, the valid offers and prices are those of Island Retreat Resort.

5. Exchange Rates
Prepayments and common cash payments are to be paid in Indonesian Rupiah only.
If any payments in US$ Dollar has been accepted by Island Retreat, the customer has pay to Island Retreat the total exchange costs for changing USD to Indonesian Rupiah.
The valid exchange rates for conversions are those applied by Island Retreat or any bank named and choosen by Island Retreat.

6. Identification of the Customer
Name and address of the customer must be complete and correct. For any bookings and to fulfil the contract the customer must sent a copy of his valid passport.
Name and address quoted by the customer must be complete and correct under the mail office regulations and conventions of the country of destination.
Island Retreat does not take any responsibilities for any problems regarding to errors in postal delivery.

8. Languages for business with Island Retreat Resort.
The languages possible for business with Island Retreat Resort are english and Bahasia Indonesia. The general terms of business and any other texts and offers published Island Retreat need to be available in Indonesia only. If there are translations, the english text is always valid in case of any doubts.

9. Incomplete and unsatisfactory execution of Orders / Bookings /Reservations
Island Retreat is not liable for any damage resulting from non execution as well as incomplete or delayed execution of orders.

10. Valid Law
All legal relations of the customer with Island Retreat are subject to Indonesian law. Ampana, Poso District, Sulawesi, Indonsia is place of settlement, place of prosecution for customers domiciled abroad and exclusive venue for all legal proceedings. However, Island Retreat has the right to sue at any other court that may be competent.

11. Alterations of the General Terms of Business
The present general terms of business are subject to alterations by Island Retreat at any time.

12. Agents and middlemans
Island Retreat has the right to autorizise any persons which might act in any business case on behalf of Island Retreat. Those agents are not responsible for any contracting and business fulfilments and not liable to the customer for anything. They are not resonsible for any contracts or bookings!
Any responsibility by law is held by Island Retreat, Togian Islands, Pulau Batudaka, Sulawesi, Indonesia if covered by Island Retreat business conditions.

13. Information provided on the website www.togian-island-retreat.com
Island Retreat is not resonsible and liable for any information you already got, get or will get in the future when you are accessing and surfing at our website using www.togian-island-retreat.com and all other hyperlinked websites or any webpages. This is true for all hyperlinks to external uniform resource locations (url) listed at www.togian-island-retreat.com.
Island Retreat is not liable for any consequences such as personal damage, accidents and other negative effects which might happen when you are using any informations published our website www.togian-island-retreat.com for travelling, diving and any other cases. This is true for all actions you are doing after reading any content at www.togian-island-retreat.com.
The owner of the domain name www.togian-island-retreat.com is not responsible for any webcontent or webpages at all, published under the domain name mentioned above and below.
!!The owner of the domain name is not resonsible for any of Island Retreat's business cases!!
The domain name www.togian-island-retreat.com is registered in Germany without any responsibility and liability for all website content published under the domain name www.togian-island-retreat.com. All of the hosted web content is provided by Island Retreat, Sulawesi Indonesia.
Island Retreat's email adress is: islandretreat@web.de. This email is operated by a middle man only (referring to point 12 above).
All messages you are mailing to us via islandretreat@web.de will be printed out and faxed to Island Retreat, Sulawesi Indonesia for free. Using the emailadress above is always your own risk in any cases for example loss and delay of information, business contacts and contracts with Island Retreat. The middleman is not responsible and liable for any transferred information to Island Retreat and back to the customer - not for any direction of communication, not responsible for any delays and uncomplete transfer of any information !

14. Personal Liability Factors
On all dive trips and Island Tour packages, all diver and non-diver participants alike agree to assume full and absolute responsibility for any and all risks they may encounter on land, above water or underwater. Clients must agree to assume full responsibility for all medical, legal or financial losses that may arise from any activities they undertake on any I.R. trour whether or not a client acts alone, or within a group of tourists.

Furthermore, all clients must agree and affirm that Island Retreat shall not be legally or financially liable, nor in any way responsible for mishaps at any time, anywhere on the dive trip.
All clients further agree and affirm that Island Retreat will not be held legally or financially liable for any client's death, nor for any client's losses of money or property, nor for any illnesses, injuries or disabilities, nor for damages to personal property, nor for any delays, expenses or losses that might arise from war, civil insurrection, strikes, crimes against property or persons, or bad weather conditions; nor for bankruptcy or default of a resort or dive vessel or airline; nor for vessel or vehicle breakdowns, other mechanical failures, transportation cancellations or defaults (by aircraft, aquatic vessel or land vehicle companies); nor for government-imposed quarantines or government demands and regulations; nor for epidemics or diseases; nor for any scheduling or lodging errors by overseas service providers, whether foreseeable or not; nor for any acts of omission or defaults by any service providers (ie. hotels and lodges, live-aboard vessel companies, dive operations, side-tour companies, guide services, rental car agencies, third-party vacation wholesalers); nor for any and all acts of God such as harsh weather, storm damage to vessels or hotels and similar unforeseen severe events.

15. Refunds after approved emergency cancellations
In most cases, cash refunds will never be made to clients who cancel. Approved emergency refunds to clients for lodging, dive trips, live-aboard vessels, side tours, all forms of land transportation and any other prepaid land or water services will be administered in this following manner: First, all approved refunds to clients will be calculated and given minus all service fees already paid by Island Retreat minus all deposits and all other expenses already paid by Island Retreat.

Once a dive trip has been booked and the deposit and/or full balance is paid for, I.R. will not allow any client to make unilaterally planned changes to the schedule (apart from I.R.) or to accommodations or itinerary of any vacation trip, unless the client agrees to pay all necessary service fees that are required by this agreement. These fees will be assessed to cover all I.R. costs and losses, as well as all costs and losses occurred by any service providers, including but not limited to hotels, lodges, resorts, dive operations, tour companies, rental car agencies and airlines.

I.R. and all of our agents, contract associates and representatives reserve the right to make any last-minute modifications necessary in a client's vacation schedule, itinerary, lodging or side tours -- either before or after the departure date -- to adjust to sudden and unexpectedly serious changes in overseas conditions that directly affect the safety or feasibility of the client's trip. Such last-minute modifications will be made only with the utmost care for the client's welfare; and may involve cancellation of the client's entire trip, with appropriate refunds, due to unforeseen emergencies or natural disasters.

Notice in any case of cancellations right in advance we try to refund as much as possible that means minus all costs caused by your cancellation.

16. Post Departure Changes to Itineraries allowed:
Once any I.R. client has departed on his or her vacation trip, then that client may not make any unilateral changes to the lodging, meal plan, dive vessel schedule, side tours, land transport of the vacation package, unless the client assumes complete financial and legal responsibility for all costs stemming from such travel changes.

Therefore, if any client unilaterally decides to cancel any portion of the vacation package already booked through I.R. and paid for, then that client must agree to forfeit all money already paid to I.R. for said cancelled services. The reasoning behind this rule is not punitive, but it is only an effort to protect the I.R. partnership from clients who book a package without giving full thought to their vacation needs before departure. Once I.R. has committed staff time, phone and fax resources and mailings to secure any portion of a client's reservation, if the client chooses not to use these services, he or she will lose them. I.R. spends hours completing the preparations for even a conventional one-week vacation for a couple. When a client commits to a booking, I.R. in turn commits to many hours of planning work. Those hours can not go uncompensated for reasons of personal whim, or a change of mind. Thank you for your understanding.

17. I.R.'S RIGHT TO REFUSE ANY BOOKING and RESERVATIONS:
I.R. reserves the absolute right to refuse to book any person as a vacation client -- for any good and just cause -- such as I.R deeming that the clients health, conditioning, attitude, temperament, diving qualifications, preparedness (or any other factors) make him or her unfit for an overseas adventure experience -- especially if that unfit client might be a hazard to the safety, comfort, enjoyment or peace of mind of any other dive-trip participants. I.R. expresses full respect for persons of all races, religions, minority groups and nationalities. Therefore any I.R. decision to reject a trip applicant never will be based upon considerations of race, religion, nationality or minority status, but will be based solely upon weighing possible detriments of the unfit applicant to the general well-being and safety of himself or other clients.

18. Luagge Limitations:
All airlines have their own particular regulations for luggage limitations and excess baggage fees for international flights. Please note: it is the client's sole and complete responsibility to call the airline well in advance of his or her dive trip to determine what luggage rules apply. I.R. therefore will not be held responsible in any way for excess baggage fees assessed to clients by any airline booked via I.R..

19. Visa Regulations:
National government requirements for tourist entry vary from one country to country. All I.R. clients are solely responsible for securing their own valid passport and proper entry visa, if visas are required in the country of your chosen destination. Feel free to contact I.R. any time for advice on visas. Please check with your airline well in advance of departure to determine whether a visa is required before you leave your country. Understand that I.R. will grant no refunds to clients which arrive overseas and are denied entry to any country because they failed to secure a proper passport or visa beforehand. Please double-check the validity of your passport before you board the aircraft! It is a very wise idea to ensure that at least six months buffer time is left on your passport, in case you experience any unforeseen medical or legal emergency that might force you to overstay your normal tourist visa. Getting stuck with an expired passport can be a nightmare. Be prudent.

20. Hotel and Lodging Substitutions:
I.R. reserves the continuing right at any time for good and just cause -- such as an act of God, an emergency case -- to substitute different lodging for our advertised hotels and resorts. Any substitute accommodation will be of equal or better quality.

21. Vacation services and amenities not included:
All services and benefits that are built into any I.R. dive trip, or regular vacation package, are advertised clearly and completely in the fliers or brochures or website (download file) for all of our destinations. For the prices stated therein, only the specified goods and services listed in these fliers and brochures will be provided, without exception.

22. Prices of dive tours and other vacation trips:
All prices and schedules advertised by Island Retreat are subject to possible changes without prior notice, in case of sudden or unexpected cost increases in Indonesia or abroad.

23. SAFETY RULES
The participation in special excursions by sea and by land, diving excursions, sports courses, diving etc. is at one's own risk. We want to point out that neither the boats nor the diving equipment nor the participation in diving related activities are covered by any insurance.
It is up to the individual participant to provide for his/her own insurance.

Although many insurances also offer diving as part of their insurance, coverage of transportation to the hyper baric treatment centre (recompression chamber) and hyper baric treatment itself is often not included! We therefore recommend divers to bring a valid DAN (Divers Alert Network) insurance (or equivalent) with them, explicitly stating that the above-mentioned treatment and transportation is included.
If you do not have an insurance all is your own risk and I.R. is not liable for any impacts on your health, safety and personal belongings.

24. I.R. SECURITY RULES

Everybody taking part in the dive package offered by Island Retreat is obliged to observe the following rules. Any offence may result in exclusion without any compensation. In case of accidents due to disobeying the following rules, any damages or expenditure for rescue will have to be paid by the diver personally. In addition to the usual diving security rules, the following precautionary measures have to be obeyed. "
" Diving on your own without any experiences and diving certifications is prohibited";
" Always be sure you drink plenty of water before and after each dive;
" Prior to diving discuss the planned diving excursion with your partner and inform yourselves of each other's diving experience. Review the most important underwater diving signs.
" If you have lost your partner (or group) do not look for him/her longer than 1 minute, after that you will meet each other at the surface again"
" Never let your life depend on your equipment; triple security is better than double security, single security is unscrupulous!"
" Survey the pressure of your tank frequently via the pressure gauge".
" Diving with an alternate air source (e.g. "octopus") is mandatory".
" Our diving equipment and compressors are constantly maintained and controlled; nevertheless before every dive, check your aggregate and personal equipment.
" Only dive when in good health and never dive under the influence of medicine or alcohol.
" Before diving, make sure you know all the peculiarities of your diving place such as position of reef edge, direction of current and weather.
" Decompression dives are prohibited. Remember that a repetitive dive may bare the risk of a deco-dive. You should master the decompression table. When using a dive computer, always stay a few minutes above the no-decompression limit and avoid bounce diving."
" Have at least 30 bar of tank pressure when you surface."
" Do not dive deeper than 30 meters."
" Always include a safety stop at 5 meters for at least 3 minutes at the end of each dive."
" No dives should be made at arrival and departure dates".

When you submit our booking, contact or reservation form by pushing the button named "submit" you automatically accept and agree to Island Retreats Business Terms! You state and ensure that you have carefully read and fully understood our business terms.

25. Reservations
Island Retreat offers free reservations for accommodation, chartered car, chartered boat and national flights in Indonesia and for our Travel Packages, Island Tours, Sulawesi Tours.
The customer has to confirm all reservations by using the Island Retreat Travel Confirmation Form which is provided at our website or sent by email to the customer at least 4 weeks in advance. Without any confirmation we can not keep and guarantee for any reservations. All reservations are non binding for Island Retreat. If any reservation is confirmed by Island Retreat changings might occur due to any unforeseen reasons only. Island Retreat will inform the customers which have a reservation for accomodation or else about any changings right in time.

If you do not agree with our business terms no business nor business process is created.

Island Retreat, 01.01.2004