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Bawah Reserve Terms & Conditions

REVISED CANCELLATION POLICY FOR COVID-19

This is our revised cancellation, amendment and no shows policies in the view of COVID-19 situation and this will apply for new bookings only.
Cancellations, Amendments and No Shows
a) Cancellations and amendments will be accepted with no charge up to 30 days before arrival. (For this particular case only)
b) Cancellations and amendments within 30 days before arrival will be charged 100% of the entire stay
c) Cancellations and amendments must be confirmed in writing prior to the minimum notice dates
d) A one-time Postponement can be done within the new window period of 12 months upon last Reservations Date Confirmed
e) No refund applicable for no-show, days not used due to early check out or delayed arrivals.

1:     DEFINITIONS & PARTIES

In these terms and conditions, The ‘Company’ shall mean PT Pulau Bawah, also commonly referred to as Bawah Reserve, a corporation organised under the laws of Indonesia. ‘We’ shall mean the Company. The ‘Guest’ shall mean the person who has paid the deposit as the ‘Lead Booking Name’ and each person listed within the booking as a travelling companion. ‘You’ shall mean the Guest. In these conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2:      BOOKINGS

A contract will only be constituted between the Company and the Guest once the Company issues a booking confirmation invoice to the Guest after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under ‘Payment and Confirmation’. The Lead Booking Name, on paying the deposit, warrants and confirms to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.

3:      CANCELLATION  POLICY

The cancellation of bookings shall be subject to the Cancellation Policy and No Shows set out in the invoice and below, that is:

  1. Cancellations, of the original booking, by the Guest will be accepted with no charge if such cancellations are made 61 days before the arrival date and any deposit and/or other payments will be refunded.
  2. Cancellations 60 days or less prior to the arrival date, shall be charged at 100% costs of the entire stay and any deposit and/or payments made will be forfeited. Notwithstanding the above, the Company, with no obligation whatsoever, shall exercise its discretion to offer any alternative dates subject to availability and additional charges as per the conditions stipulated hereunder.
  3. Acceptance of cancellations, requested by the Guest, must be confirmed by Bawah Reserve in writing prior to the minimum notice dates.
  4. No refund of the deposit or any payment already made shall be applicable for no-show and days not used due to early check out or delayed arrivals.

As with any travel venture, we strongly recommend that you purchase travel insurance to cover all risks including but not limited to illness, delay/cancellation of flights to Singapore for overseas guests, which gives you full cancellation cover. Any cancellation request by the Guest must be sent in writing to avoid any errors. This can be done via<a style=”font-decoration:none;” href=”[email protected]”><strong> email</strong>. We will then confirm the cancellation back to you in writing.

Please note that Guests are liable for any payments outstanding on the date the cancellation is received. There may also be charges or fees already or to be levied by our affiliates/third parties on your booking or as a result of your cancellation, such as airline and/or transfer operators. We will advise you of these charges or fees in due course once we have this information and, if requested, you agree to immediately pay us such charges or fees forthwith upon our notification.

4:      CHANGES BY THE GUEST TO THE DATE OR NATURE OF A BOOKING

Requests for changes to the date or nature of a booking (including, for example, as to numbers) will be dealt with on a case by case basis and approved or rejected (in whole or in part) at the sole discretion of the Management of PT Pulau Bawah subject to availability and reasonable time given. In the event of any changes to the date or nature of a booking is approved by the Company (Modified Booking), no further changes to the Modified Booking shall be allowed whatsoever.

If the guest fails to show up on the dates modified under Modified Booking and/or any request to change the Modified Bookings shall be construed as “Cancellation” by the Guest which shall be charged at 100% of all fees paid by the Guest with no refund whatsoever.

  1. Acceptance of any request made by the Guest to change the original booking shall not be construed as a waiver of any right by the Company whose rights are expressly reserved.
  2. If the Company is unable to offer any alternative dates, then, the original booking shall be dealt with as per the Cancellation Policy provided under Clause 3.

Once the booking is confirmed, a decrease in guest numbers will not result in a rate reduction. A reasonable increase in guest numbers may be permitted at any time, however, an additional cost shall apply if additional guests are allowed by the Company.

5:      CHANGES AND CANCELLATION BY THE COMPANY

The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Guest of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial.

  1. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Guest, who shall accept such alternative arrangements.
  2. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Guest, however, the Guest shall not be obliged to accept such alternative arrangements.
  3. If no such alternative arrangements are offered in the circumstances referred to in paragraph b) or the Guest does not accept any such offered alternative arrangements, then the Guest may reject the booking within 14 days of the notification (of alternative arrangements offered by the Company) to the Guest of the relevant change(s) and the Company will cancel the booking.
  4. If the Guest rejects the booking in the circumstances referred to in above sub paragraph c) all monies which have been paid by the Guest to the Company at the date of cancellation will be repaid to the Guest.
  5. Under no circumstances shall the Company be liable to the Guest for any financial compensation in the event of a change (whether substantial or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of a cancellation shall be limited to a refund of monies whatever the Guest would have paid, as provided above. The Company will not be liable for any cancellation, which results from the Guest’s default.
  6. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to, immediately and without any notice, cancel the service or the services it is contractually obligated to provide to the Guest and require the Guest to leave Bawah Reserve immediately if the Company reasonably considers that the Guest’s behaviour is immoral or has caused (or is likely to cause) loss, damage or harm in any form. In these circumstances the Company shall not be obligated to make any refund of monies (whether in whole or in part) to the Guest. Further, the Guest shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any loss, damage or harm suffered by the Company as a result of the Guest’s misbehaviour.

6:      ONWARD SALE/TRANSFER OF YOUR BOOKING

Your booking on Bawah Reserve must not be sold nor, awarded as a prize or gift or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. Given the especially private nature of Bawah Reserve, you will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking which makes reference to us or our respective affiliates (“Interested Parties”). This will include but not  limited to email communications, advertising, editorials, social media, websites and press releases. Should we wish to edit or remove anything  published about your involvement with the Interested Parties, you agree to co-operate promptly with any reasonable requests we may make for that purpose.

7:      FILMING AND PHOTOGRAPHY ON BAWAH RESERVE

Filming and photography on Bawah Reserve are permitted for private purposes only and must not infringe the privacy of other guests. However, the use of drones and any professional filming and photography will require our written approval in advance. Filming and photography of a pornographic nature are strictly prohibited.

8:      MEDICAL, SECURITY AND SAFETY RISKS

Guests participate in activities at their own risk.

You acknowledge that you are travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard that you are used to at home or would find on a conventional holiday/tour.

Travelling to and from a remote island and staying on a remote island carries high medical, security and safety risks. In the event of medical or security attention being required by the Guest, due to the remote location of Bawah Reserve this could be delayed and the Company is to be released from any claim whatsoever on account of first aid, treatment, evacuation or any other services being rendered. Bawah Reserve engages a third party medical provider and doctor which the Guest can use at their own risk and expense.

It is the sole and mandatory responsibility of the Guest to take adequate travel insurance cover prior to or at the time of booking and maintain this for the duration of travel. The Company advises all Guests to purchase travel insurance with unlimited medical and repatriation coverage.

Children are the sole responsibility of their parent and/or legal guardians and are to be supervised by their parents or legal guardians at all times.

9:      FORCE MAJEURE

(a) After your booking but prior to your travel, if air, water or land transport operations are grounded because of war, terrorism, hurricane, bad weather, bad visibility, or after your booking, you are advised by your government that it is unsafe to travel (“Force Majeure Event”), then we will use reasonable endeavours to assist you in postponing the booking to a future date. (b) After your arrival, if you are forced to leave Bawah Reserve early due to a hurricane, tornado or other severe weather conditions, then we will use reasonable endeavours to offer the best alternative dates equivalent to the number of days lost at a future time.

If the revised dates proposed by Bawah Reserve under the above clauses are not accepted within 10 days of its offer, then the Guest shall be deemed to have rejected the revised date and we  shall repay you all monies paid by the Guest. However, if the revised dates are accepted within 10 days of its offer, but the Guest subsequently reject the revised dates or request for a change of the revised dates then Bawah Reserve shall no longer be liable to offer any further alternative dates and any deposit / payment made shall be forfeited in full unless your booking is subject to any cancellation Policy in Clause 3, and you shall agree that Bawah Reserve is discharged from any liability whatsoever in full. Please contact our Reservations office if you have any concerns about travelling due to war, terrorism or severe weather.

10:      INFORMATION

Any information or advice given by the Company or any of its staff regarding visa requirements, weather, food, clothing, connecting travel arrangements, luggage, etc. is purely advisory and is provided as a courtesy to the guests. The Company is not responsible for any errors or omissions as to the information provided nor accepts any liability whatsoever for any reliance placed thereon.

11:      DATA PROTECTION

We respect your privacy and we value the trust you’ve placed in us by sharing your information. We will not sell or distribute your information to any third party other than for the sole purpose of correct service provision. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply email us at: [email protected].

12:      ENTIRE AGREEMENT; VARIATION AND WAIVER; SEVERANCE

These terms and conditions together with the terms set out in the invoice constitute the entire understanding and agreement in relation to the booking by the Guest and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Guest of any changes as soon as reasonably possible using the postal or email contact details provided by the Guest for the Guest’s booking. The amended terms and conditions will apply to any Guest booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Guest in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

13:      GOVERNING LAW

This contract shall be governed and construed according to Indonesian Law and shall be subject to the exclusive jurisdiction of the courts of Indonesia.

IMPORTANT NOTES:

  1. Please read the terms and conditions carefully, payment of your first deposit constitutes agreement and understanding of our terms and conditions.
  2. Please carefully check the above details before paying your first deposit and immediately notify us of any errors.
  3. Any amendments are to be notified in writing, and are not confirmed until written notification confirming changes has been received from the Bawah Reserve Reservations Office.
  4. Please note the return of any deposit and payments is subject to the provisions of this Terms and Conditions and may be non-refundable unless expressly agreed in writing prior to booking.
  5. Any extras are to be settled direct with Bawah Reserve on departure.

Below The Wind Pte Ltd Terms & Conditions

1:      CANCELLATION AND NO-SHOW

In these terms and conditions: The ‘Company’ shall mean Below The Wind Pte Ltd, a corporation organised under the laws of Singapore, and the exclusive booking agent to PT Pulau Bawah. ‘We’ shall mean the Company. The ‘Guest’ shall mean the person who has paid the deposit as the ‘Lead Booking Name’ and each person listed within the booking as a travelling companion. ‘You’ shall mean the Guest. In these conditions the masculine words shall include the feminine and neuter genders and vice-versa and the singular shall include the plural and vice-versa.

2:      BOOKINGS

A contract will only be constituted between the Company and the Guest once the Company issues a booking confirmation invoice to the Guest after receiving the required deposit either from or expressly on behalf of the Lead Booking Name as stated under ‘Payment and Confirmation’. The Lead Booking Name, on paying the deposit, warrants and confirms to the Company that he accepts these terms and conditions on behalf of himself and each of his travelling companions.

3:      CANCELLATION AND NO-SHOW

The cancellation of bookings shall be subject to the Cancellation Policy and No Shows set out in the invoice and below, that is:

  1. Cancellations, of the original booking, by the Guest will be accepted with no charge if such cancellations are made 61 days before the arrival date and any deposit and/or other payments will be refunded.
  2. Cancellations 60 days or less prior to the arrival date, shall be charged at 100% costs of the entire stay and any deposit and/or payments made will be forfeited. Notwithstanding the above, the Company, with no obligation whatsoever, shall exercise its discretion to offer any alternative dates subject to availability and additional charges as per the conditions stipulated hereunder.
  3. Acceptance of cancellations, requested by the Guest, must be confirmed by Bawah Reserve in writing prior to the minimum notice dates.
  4. No refund of the deposit or any payment already made shall be applicable for no-show and days not used due to early check out or delayed arrivals.

As with any travel venture, we strongly recommend that you purchase travel insurance to cover all risks including but not limited to illness, delay/cancellation of flights to Singapore for overseas guests, which gives you full cancellation cover. Any cancellation request by the Guest must be sent in writing to avoid any errors. This can be done via email to [email protected] We will then confirm the cancellation back to you in writing.

Please note that Guests are liable for any payments outstanding on the date the cancellation is received. There may also be charges or fees already or to be levied by our affiliates/third parties on your booking or as a result of your cancellation, such as airline and/or transfer operators. We will advise you of these charges or fees in due course once we have this information and, if requested, you agree to immediately pay us such charges or fees forthwith upon our notification.

4:         BOOKING DEPOSIT AND PAYMENT 

  1. 35% deposit required at time of booking
  2. Balance due 60 days prior to arrival
  3. Bookings made within 60 days of arrival, 100% payment required at time of booking
  4. If monies not received by the “60 day limit” the booking will be cancelled and any deposit forfeited
  5. Payment must be by credit card or bank transfer to the designated account on the invoice issued at time of confirmation

5:         CHANGES BY THE GUEST TO THE DATE OR NATURE OF A BOOKING

Requests for changes to the date or nature of a booking (including, for example, as to numbers) will be dealt with on a case by case basis and approved or rejected (in whole or in part) at the sole discretion of the Management of Below The Wind subject to availability and reasonable time given. In the event of any changes to the date or nature of a booking is approved by The Company (“Modified Booking”), no further changes to the Modified Booking shall be allowed whatsoever.

If the guest fails to show up on the dates modified under Modified Booking and/or any request to change the Modified Bookings shall be construed as “Cancellation” by the Guest which shall be charged at 100% of all fees paid by the Guest with no refund whatsoever.

  1. Acceptance of any request made by the Guest to change the original booking shall not be construed as a waiver of any right by the Company whose rights are expressly reserved.
  2. If the Company is unable to offer any alternative dates, then, the original booking shall be dealt with as per the Cancellation Policy provided under Clause 3.

Once the booking is confirmed, a decrease in guest numbers will not result in a rate reduction. A reasonable increase in guest numbers may be permitted at any time, however, an additional cost shall apply if additional guests are allowed by the Company.

Should a Guest choose to leave Bawah Reserve early for any reason other than in circumstances outlined in Clause 9 – Force Majure below, no refund (in whole or in part) shall be made to the Guest nor will alternative dates be arranged to substitute the dates vacated. The Guest agrees that individual or Group stays on Bawah Reserve cannot be sold nor awarded as prizes or otherwise transferred to another person without the Company’s prior written authorisation.

6:         CHANGES AND CANCELLATION BY THE COMPANY

The Company reserves the right to alter or cancel the whole or part of the booking. The Company will advise the Guest of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of the Company, minor or substantial.

  1. If the proposed changes are, in the opinion of the Company, minor, the Company will make alternative, comparable arrangements at no cost to the Guest, who shall accept such alternative arrangements.
  2. If the changes are, in the opinion of the Company, substantial, then the Company may offer alternative arrangements to the Guest, however, the Guest shall not be obliged to accept such alternative arrangements.
  3. If no such alternative arrangements are offered in the circumstances referred to in paragraph b) or the Guest does not accept any such offered alternative arrangements, then the Guest may reject the booking within 14 days of the notification (of alternative arrangements offered by the company) to the Guest of the relevant change(s) and the Company will cancel the booking.
  4. If the Guest rejects the booking in the circumstances referred to in paragraph above sub-paragraph c) all monies which have been paid by the Guest to the Company at the date of cancellation will be repaid to the Guest less the Company’s reasonable expenses in respect of the booking.
  5. Under no circumstances shall the Company be liable to the Guest for any financial compensation in the event of a change (whether substantial or otherwise) which does not lead to a cancellation. Any liability of the Company which may arise in the event of a cancellation shall be limited to a refund of monies whatever the Guest would have paid, as provided above. The Company will not be liable for any cancellation, which results from the Guest’s default.
  6. Without prejudice to the provisions set out above relating to cancellation, the Company reserves the right to, immediately and without any notice, cancel the service or the services it is contractually obligated to provide to the Guest and require the Guest to leave Bawah Reserve immediately if the Company reasonably considers that the Guest’s behaviour is immoral or has caused (or is likely to cause) loss, damage or harm in any form. In these circumstances the Company shall not be obligated to make any refund of monies (whether in whole or in part) to the Guest. Further, the Guest shall indemnify and hold harmless the Company (for itself and on behalf of its affiliates, agents and employees) against any loss, damage or harm suffered by the Company as a result of the Guest’s misbehaviour.

7:         ONWARD SALE/TRANSFER OF YOUR BOOKING

Your booking on Bawah Reserve must not be sold nor, awarded as a prize or gift or otherwise transferred without our prior written authorisation. Any such authorisation shall likely include restrictions relating to how you may market and promote the booking. Given the especially private nature of Bawah Reserve, you will need our written approval in advance of releasing any marketing or promotional materials regarding the onward transfer of the booking which makes reference to us or our respective affiliates (“Interested Parties”). This will include but not  limited to email communications, advertising, editorials, social media, websites and press releases. Should we wish to edit or remove anything  published about your involvement with the Interested Parties, you agree to co-operate promptly with any reasonable requests we may make for that purpose.

8:         FILMING AND PHOTOGRAPHY ON BAWAH RESERVE

Filming and photography on Bawah Reserve are permitted for private purposes only and must not infringe the privacy of other guests. However, the use of drones and any professional filming and photography will require our written approval in advance. Filming and photography of a pornographic nature are strictly prohibited.

9:         MEDICAL, SECURITY AND SAFETY RISKS

Guests participate in activities at their own risk.

You acknowledge that you are travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard that you are used to at home or would find on a conventional holiday/tour.

Travelling to and from a remote island and staying on a remote island carries high medical, security and safety risks. In the event of medical or security attention being required by the Guest, due to the remote location of Bawah Reserve this could be delayed and the Company is to be released from any claim whatsoever on account of first aid, treatment, evacuation or any other services being rendered. Bawah Reserve engages a third party medical provider and doctor which the Guest can use at their own risk and expense.

It is the sole and mandatory responsibility of the Guest to take adequate travel insurance cover prior to or at the time of booking and maintain this for the duration of travel. The Company advises all Guests to purchase travel insurance with unlimited medical and repatriation coverage.

Children are the sole responsibility of their parent and/or legal guardians and are to be supervised by their parents or legal guardians at all times.

10:       FORCE MAJEURE

(a) After your booking but prior to your travel if air, water or land transport operations are grounded because of war, terrorism, hurricane, bad weather, bad visibility, or after your booking, you are advised by your government that it is unsafe to travel, (Force Majeure Event) then we will use reasonable endeavours to assist you in postponing the booking to a future date. (b) After your arrival if you are forced to leave Bawah Reserve early due to hurricane, tornado or other severe weather conditions, then we will use reasonable endeavours to offer the best alternative dates equivalent to the number of days lost, at a future time.

If the revised dates proposed by Below the Wind under the above clauses, are not accepted within 10 days of its offer, then the Guest shall be deemed to have rejected the revised dates and we shall repay you all monies paid by the guest. However, if the revised dates are accepted within 10 days of its offer but the Guest subsequently rejects the revised dates or requests for a change of the revised dates then Below the Wind shall no longer be liable to offer any further alternative dates, and any deposit payment made shall be forfeited in full unless your booking is subject to any Cancellation Policy in Clause 3 and you shall agree that Below the Wind is discharged from any liability whatsoever in full. Please contact our Reservations office if you have any concerns about travelling due to war, terrorism or severe weather.

11:       INFORMATION

Any information or advice given by the Company or any of its staff regarding visa requirements, weather, food, clothing, connecting travel arrangements, luggage, etc. is purely advisory and is provided as a courtesy to the guests. The Company is not responsible for any errors or omissions as to the information provided nor accepts any liability whatsoever for any reliance placed thereon.

12:       DATA PROTECTION

We respect your privacy and we value the trust you’ve placed in us by sharing your information. We will not sell or distribute your information to any third party other than for the sole purpose of correct service provision. You can find out more about the information we collect, how we use it and why we use it, within our Privacy Policy. We will not contact you with promotions or offers unless you have expressly opted in to receive such communications from us. If at any time you wish us to stop contacting you then simply email us.

13:       ENTIRE AGREEMENT; VARIATION AND WAIVER; SEVERANCE 

These terms and conditions together with the terms set out in the invoice constitute the entire understanding and agreement in relation to  the booking by the Guest and supersede any previous explicit or implied agreement or undertaking between the parties with respect thereto. The Company reserves the right to alter these terms and conditions from time to time and will notify the Guest of any changes as soon as reasonably possible using the postal or email contact details provided by the Guest for the Guest’s booking. The amended terms and conditions will apply to any Guest booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by the Company and notified to the Guest in accordance with this paragraph. If any part of these terms and conditions is void or unenforceable due to any applicable law, it shall be deemed to be deleted and the remaining provisions of these terms and conditions shall continue in full force and effect.

14:       GOVERNING LAW

This contract shall be governed and construed according to Singapore Law and shall be subject to the exclusive jurisdiction of the courts of Singapore.

IMPORTANT NOTES:

  1. Please read the terms and conditions carefully, payment of your first deposit constitutes agreement and understanding of our terms and conditions.
  2. Please carefully check the above details before paying your first deposit and immediately notify us of any errors.
  3. Any amendments are to be notified in writing, and are not confirmed until written notification confirming changes has been received from the Bawah Reserve Reservations Office.
  4. Please note the return of any deposit and payments is subject to the provisions of this Terms and Conditions and may be non-refundable unless expressly agreed in writing prior to booking.
  5. Any extras are to be settled direct with Bawah Reserve on departure.