TERMS AND CONDITIONS
Updated: 06 July 2022
These terms & conditions apply only to clients using the services of PT Muruhumba Kreasi Nusantara – SumbaSignature.com and all departments that are part of PT Muruhumba Kreasi Nusantara
Under these conditions, the company providing the services will be defined as “SumbaSignature”, “we”, “us”, and “our”. The side that uses the services will be defined as the “client”, “you”, and “your”. The “tour”, “trip”, “booking”, “reservation” and “service” will be used as a definition for any goods or services that SumbaSignature offers to the clients.
Please read these terms & conditions carefully as they set out our respective rights and obligations.
These terms & conditions come into force after the client has met their financial obligations. And by doing so, we are entitled to assume that the client has had the opportunity to read these terms & conditions and agree to them. The client can also find the link to these terms and conditions on the invoice.
1 Payment Terms:
1.1 Deposit, Final Payment & Full Payment
1.1.1 Individual Tours & Services
SumbaSignature requires a certain deposit amount as your confirmation to the bookings that we make. We will send invoice(s) reflecting the tour or service booked and total payment including deposit amount to you once the bookings are confirmed from our side.
- Deposit of 20% of total payment must be made within 7 days from the day the invoice is sent.
- Final Payment must be made no later than 21 days before the trip starts, or earlier if specified on the invoice.
- Full payment is required when the booking is made within 21 days before the trip start date.
- If the total invoice is less than EUR 250, only a single (full) payment will be allowed for client’s confirmation and this must be paid within 7 days from the day the invoice is sent.
- All payments for flight tickets must be made in full before they can be issued (confirmed to the airline).
A delay in any type of payment may mean automatic cancellation of the bookings, or may incur additional charges before we can reinstate or continue the booking process.
1.1.2. Individual Flight Tickets
All payments for individual flight ticket bookings which are not part of packaged tours, must be made in full within the advised time limit or invoice due date before we can issue (confirm) the ticket.
The booking may be automatically cancelled by our system if it is not issued within the time limit due to delay in payment. Rebooking is subject to seat availability and ticket price may be different.
Once a flight ticket is issued, it is subject to the respective airlines’ cancelation/change policy.
1.1.3. Customized Tours
SumbaSignature specializes in creating unique and customized tour programs for the clients. Depending on the program requirements, we may use different suppliers (accommodation, airline, boats, etc.) than those we normally use in our regular programs. In turn, the conditions for payment by such suppliers may also affect our payment terms.
In that sense, the percentages described in previous section may change if the new suppliers require higher deposit amount or any different payment terms. Such changes will be communicated by us to the client prior to payment.
1.2 Prices
All prices are exempt from any insurance, medical test, vaccination, additional luggage for flights, visa, personal expenses (laundry, telephone, drinks, room service, tips, etc.) and any other costs that are declared as not included in the tour description.
Tour prices are subject to change at any time and without prior notice to clients, unless the tour has already been confirmed by SumbaSignature to the client. Reasons for price change may be related but not limited to a change in transportation costs, fuel prices, changes made by the government in taxes on national parks, and sudden changes in currency value.
The client must bear in mind that prices of flight tickets are subject to change without prior notice, and prior to booking or issuance of the ticket.
2 Cancellations:
2.1 Cancellation by Clients
SumbaSignature advises its clients to contract travel insurance that covers cancellation.
2.1.1 Cancellation and Refund Policy
Each request to cancel a booking must be communicated by email to SumbaSignature. Any potential refund will be calculated from the time SumbaSignature receives the email. The client should send the cancellation again when there is no response from SumbaSignature within 24 hours.
Some of SumbaSignature’s suppliers may take up to 90 business days to refund the payment, depending on the type of service the client is canceling.
2.1.2 Cancellations Tours & Services
2.1.2.1 SumbaSignature is obligated to follow the cancelation policies of our suppliers, in addition to our own cancelation policy. This allows for more flexibility in terms of penalties or refunds, considering the fact that each of the suppliers have different cancelation policies, and one may be less damaging than the others. This way, we can keep the loss suffered by both SumbaSignature and the client as minimum as possible. The suppliers include but not limited to hotels, tourist attractions, boat cruises and airlines. You may also note that some of them may apply non-refundable deposit or payment conditions.
2.1.2.2 When the client cancels the booking 60 days or more before the trip start date, SumbaSignature will charge a penalty of EUR 100/person, plus any cancellation penalty charged by our suppliers for each service that was booked.
2.1.2.3 When the client cancels the booking 31-59 days before the trip start date, SumbaSignature will charge a penalty of EUR 150/person, plus any cancellation penalty charged by our suppliers for each service that was booked.
2.1.2.4 When the client cancels the booking 21-30 days before the trip start date, SumbaSignature will charge a penalty of 20% of all bookings of ground service, plus any cancellation penalty charged by our suppliers for each service that was booked.
2.1.2.5 When the client cancels the booking 14-20 days before the trip start date, SumbaSignature will charge a penalty of 50% of all bookings of ground service, plus any cancellation penalty charged by our suppliers for each service that was booked.
2.1.2.6 When the client cancels the booking 5-13 days before the trip start date, the client will not be able to receive any refunds. However, the trip may be rescheduled to different dates by paying an additional cost of 50% of total trip price. Reschedule is subject to availability of the new dates.
2.1.2.7 When the client cancels the booking less than 5 days before the trip start date, the client will not receive any refunds. However, the trip may be rescheduled to different dates by paying an additional cost which may be greater than 50% of total trip price. The exact cost will be calculated upon cancelation after reviewing cancelation policies of our suppliers. Reschedule is subject to availability of the new dates.
2.1.2.8 When the client cancels the booking within 30 days to the trip start date, reschedule can be made without any extra cost by SumbaSignature, but it is subject to any costs charged by our suppliers for rescheduling the trip. Reschedule is subject to availability of the new dates.
2.1.2.9 The refunds will be calculated after all penalties are deducted, and it will be returned to the client in the same currency we receive the payment. Any expenses incurred during the transfer to the client’s account will be charged to the refund amount.
2.1.3 Cancelations of Individual Diving Trips (Liveaboard, Dive Centers, Dive Resorts, etc.)
In the event that the cancellation is made prior to departure, the cancellation fee will be charged as follows:
2.1.3.1. When the client cancels the trip 90 days (or more) before the trip start date, the client will be charged a penalty of EUR 200, plus any cancellation penalty charged by our suppliers for each service that was booked.
2.1.3.2. When the client cancels the trip in less than 90 days, the client will be charged a penalty of 100% payment.
2.2 Cancellation Due to Problems Related to COVID-19
SumbaSignature has an exclusive page detailing our special policy for this case which can be found here.
2.3 Cancellation by SumbaSignature
We will immediately inform the client by any communication means, should there is any cancellation or substantial changes made by us or our suppliers that would not allow the service to be provided per our confirmation, and thus forces us to make modifications.
Such modifications may occur even after the booking is confirmed from our side or the payment is made by the client, as long as we deem the modifications necessary or for a good reason.
In such case, if the client does not accept the modifications, SumbaSignature will offer the client different service of the same value wherever possible. If the client chooses to do a lower value service, SumbaSignature will refund the difference to the client. If the client chooses to do one with higher value, the client will simply have to pay the difference to SumbaSignature. If the client does not agree with any of replacement offered by SumbaSignature, the tour can be canceled and the client will receive refunds of the deposit or payment that has been made.
SumbaSignature may cancel the trip before it starts or even when it is in progress, due to force majeure such as terrorism, natural disasters, epidemics, political instability or any other external events in which it is not feasible for SumbaSignature to operate the trip. SumbaSignature is not responsible for any damage received or expenses borne by the client due to the cancellation of the trip because of the reasons above, such as: visa or its extensions, vaccinations, travel insurance or non-refundable payments such as those suggested in point 2.1.2.1.
3 Problems During the Trip
We promise to make sure that the trip that we have confirmed is provided to you properly and to meet your expectations. If you are not satisfied with the service provided during the trip, please note that it is important for you to immediately reach out to our representative, tour guide, or someone who is reasonably linked to SumbaSignature, and inform them the issue. By doing that, we are able to acknowledge it and do our best to help and solve the issue at that very moment. Besides the guide, you will have our 24/7 emergency telephone number and a WhatsApp number, which are normally provided in the travel documents we give to you.
We will accept responsibility if, for example, the trip is not provided per the tour description because of the failure of ourselves or our suppliers to provide the service properly.
However, SumbaSignature will not accept complaints that were not notified to us within 48 hours of the incident. We understand that all of our guides and staff will always be able to communicate with us, unless there is no coverage for being in a remote areas.
If the trip is not carried out as agreed due to force majeure such as terrorism, natural disasters, epidemics, political instability or any other external events, SumbaSignature is obligated to assist the client on a reasonable level to either find alternative ways to continue, or terminate the trip. However, all costs of such assistance by SumbaSignature will be charged to the client.
4 Liability
SumbaSignature is responsible for reasonable similarity of the tours on its website or any advertising materials and in reality, compared to the client’s expectations. However, regardless of how the trips are described through the wording used on our website or any advertising materials that we have, we are only responsible to provide the service with reasonable ability and we do not have any greater or different responsibility to you.
SumbaSignature is also responsible for the control of the external services that are part of the tour.
5 Disclaimer
You understand that due to Indonesia being a tropical country and that the weather is beyond our control, the destinations you visit are subject to weather or climate changes and that because of it, the day-to-day activity may be rearranged or changed before or while the trip is in progress (Ref. 2.3)
You understand that SumbaSignature is not the owner, nor responsible for the operation of airlines, trains, ferries, or any public transportation so we cannot be responsible for any extra expenses occurred due to cancelations, delays, or any changes that does not allow you to continue on with the trip we provide, and that all those expenses must be borne by you.
You will not make any claim to SumbaSignature, its representatives, guides, or suppliers, if we are obligated to cancel or make changes to the trip due to possible dangerous conditions.
All expenses arising from changes made according to the client’s own choice or decisions must be paid by the client.
SumbaSignature will do everything within our ability and care for your safety and that of your belongings, but you must be the one to check your belongings and ensure its safety at all times and be responsible for any loss or damage. SumbaSignature is not responsible for loss of personal property, fraud, deception, death or personal injury or other damages that are not directly caused by SumbaSignature.
Please note that it is your responsibility to show that we, our representatives, guides, or suppliers, did not show the reasonable ability and care in regards to any incident, if you wish to make any claim against us. In addition, we will only be responsible for what our employees, guides, or suppliers do or do not do, if they were carrying the work at the time that we have agreed with them to do.
We cannot be responsible for damage caused by any services which are not included in the bookings. This includes, for example, any additional services which the guide agrees to provide or arrange for you outside the tour description or inclusions.
6 Information on Managing Travel-Related Problems Due to Force Majeure
Before the arrival of the COVID-19 pandemic in March 2020, Indonesia has experienced many natural disasters such as earthquakes and volcanic eruptions due to which it has more than 70 active volcanoes and is part of the Ring of Fire. Despite this fact, in all the years since 2010 that we have been operating in Indonesia, our cancelations due to natural disasters were minimal until, of course, reaching the crisis due to the COVID-19 pandemic in March 2020.
In 2015, the Raung volcano on the island of Java erupted and forest fires broke out in Borneo as well as in Sumatra, creating poor visibility and smoke problems. In 2018, several earthquakes shook different areas of Indonesia, including the tourist destinations Lombok and Sulawesi. During these unfortunate events, we helped our clients in the affected areas reach their next destinations by land and/or sea since some airports were temporarily closed. On the other hand, for those who were traveling to the affected areas but had to cancel, we offered them alternative destinations so that they would not see their vacation paralyzed.
For this reason, and at the request of the Government of Indonesia, clients are required to hire a travel insurance covering at least USD 25,000 (approx. EUR 22,100), which covers cancellation costs due to natural disasters to avoid additional and healthcare expenses.
What can happen in the future?
This is unknown to any human and there is no possibility of foreseeing it. There is always a chance that our clients and all those who visit Indonesia find themselves in a situation where their holidays get disrupted mid-way due to force majeure, be it volcanic eruption, forest fires, or even another pandemic. The chance might be small, but never zero!
What extra expenses can be produced and what role does SumbaSignature have in such difficult situation?
When an airline cancels a flight due to a volcanic eruption or other force of nature, a ship cancels due to poor sea conditions or any other circumstance beyond our control, additional expenses almost always occur in order to continue the trip one way or another.
In these cases, our clients have a team behind them accustomed to handling situations of this type and solving problems as quickly and as less expensively as possible. We as a travel agency and your contact in Indonesia, will act to help you in reorganizing your trip so that it is as less interrupted as possible (changing hotels, selecting another destination, changing domestic flights, etc.) In these situations, we will not charge for our help and management service, but we do have to charge for all new expenses that may occur such as: booking new hotel nights, (some hotels does not refund for force majeure reasons), new car transfers or new plane tickets.
We will help request all possible refunds for unused services from suppliers, such as hotels and airlines. However, we cannot guarantee at all that those parts that are not used and that have not canceled on their own account, will return the money to us because it will depend on their policies or how they see the situation. For example, a hotel in a destination not affected by the disaster may not give a refund for the reason that it is operational at the time. That is because it is not their responsibility, that the client did not show up, due to their flight being canceled or other reasons beyond the control of the hotel.
If an airline cancels a flight on its own, we will handle the refund process, although these may be in cash or in the form of a travel vouchers, depending on each airline’s policy. In any case, we will always inform you about it.
Our commitment is to make things easier for our clients in case of incidents as we always do. We try to minimize any negative impact in any unforeseen situation that may affect the trip and get all the changes made at the lowest possible cost.
Important:
As an agent for booking flights, hotels and other related services, SumbaSignature always rely on the terms and conditions of the suppliers. In case of problems occurred due to any force majeure, SumbaSignature will help to adjust the trip and minimize the additional charge to ensure the trip goes on, taking the client’s preference into consideration, however, all additional charges will be borne by the client. (Ref. 2.1.2.1).