terms and conditions

SUMATRA ADVENTURE HOLIDAYS

TERMS AND CONDITIONS

  1. Sumatra Adventure Holidays (SAH) is a business owned and operated by Sue Delaney of PO Box 138 Norton Summit SA 5136 Australia.
  2. SAH is a tour booking agency only.  It is not your tour operator. When you book your holiday through SAH, you do not form a contract with SAH for the conduct of your tour.
  3. The operator of your tour is of JAKA SYAHPUTRA of Kantor HPI Bukit Lawang, Bohorok post code 20774 North Sumatera, Indonesia (Your Tour Operator).
  4. . When you receive your itinerary, SAH will quote you a total tour price.  The total tour price includes a Booking Fee and a Tour Fee.
  5. Upon the completion of your itinerary you must pay the Booking Fee to SAH. No part of the Booking Fee is paid to or payable to Your Tour Operator
  6. Upon your arrival in Sumatra and prior to the provision of any services to you by Your Tour Operator, you must pay the Tour Fee to Your Tour Operator.
  7. The Tour Fee must be paid to Your Tour Operator in Indonesian Rupiah unless you have made any other express arrangements with SAH or Your Tour Operator.
  8. You acknowledge and agree that SAH contracts with you only for the purpose of undertaking the following tasks prior to your departure:
    1. preparing your itinerary; and
    2. liaising with Your Tour Operator for the purpose of preparing your itinerary.
  9. SAH agrees to provide these services to you only to the point of your departure and not otherwise.  SAH is not your agent for the purpose of dealing with Your Tour Operator after that time.
  10. When you deal with SAH for the booking of your tour, you do not enter into any contract with SAH for any services apart from the services listed in paragraph 8 above. SAH is not a party to any contract or any other agreement, whether express or implied, entered into between you and Your Tour Operator.
  11. SAH does not make any representations or warranties to you as to the suitability for purpose or the quality of the services provided by Your Tour Operator. This includes any representations as to safeguarding your health and safety or the health or safety of any other person for whom you may make a booking.
  12. SAH does not owe any duty of care to advise as to the suitability or safety of your holiday in Sumatra. It is your sole responsibility to undertake your own research and inform yourself of the risks to your health and safety and all other risks that may arise during the course of your holiday.
  13. SAH expressly excludes and disclaims any liability or responsibility for any loss or damage (including but not limited to personal injury or economic losses) howsoever arising out of or in connection with the planning or operation of your tour or any travel made by you in connection with or by reason of your booking or tour.
  14. SAH is not an agent of Your Tour Operator for any purpose other than the limited purposes mentioned in paragraph 8 .
  15. Except to the extent expressly provided for in these terms and conditions, SAH shall not be liable for any loss or damage (including but not limited to personal injury and economic losses) arising from any breach, negligence, fraud or any other wrong or default committed by Your Tour Operator or any person acting on behalf of Your Tour Operator (whether by act or omission).
  16. If you cancel your holiday, your Booking Fee will not be refunded to you.
  17. You should not book your holiday with SAH if you do not understand these terms or conditions or if you are not prepared to accept any or all of them. You should seek your own independent legal advice in relation to these terms and conditions and the payment of your Booking Fee shall constitute your acknowledgment that you have either received such advice or had freely chosen not to obtain it.
  18. By paying your Booking Fee you represent and warrant to SAH that you have read and understood and accept these terms and conditions and you agree that SAH would not enter into any agreement with you were it not for your representation and warranty.
  19. These terms and conditions apply to the fullest extent permissible under the law of Australia and Indonesia. To the extent that any term or condition is invalid or enforceable, the term will be read down or severed so as to preserve the operation of the remainder of the terms and conditions.
  20. Your agreement with SAH is governed by the law of South Australia and you agree irrevocably submit to the Courts of that jurisdiction.