Please read these terms and conditions carefully. If you are uncertain about any aspect, please contact WOW Borneo.
General
1. These Terms and Conditions (T&C) apply when booking with PT Kalimantan Tour Destinations trading as Wow Borneo. By paying the deposit, you agree to be bound by these T&C.
2. In these T&C, references to “you” and “your” include the first-named person on the booking and any other persons on the booking. If your booking includes other guests, then you are deemed the Primary Contact and are responsible for ensuring that each guest is informed of these T&C and any other essential information about the trip.
Payment for your Trip
3. A non-refundable deposit of 25% of the total fee is required to confirm your booking. Once we receive this deposit, your booking is confirmed and these T&C take effect.
4. Full payment of the balance of the total cost of your cruise owing after payment of the deposit (the Balance) is required 30 days prior to scheduled departure. If you fail to make payment by the due date, we will remind you to make payment by email. If we do not receive payment of the Balance within 3 days after the reminder, you may be deemed to have cancelled your booking.
Cancellation by You
5. Our trips are specialised, are to remote locations and operate with a long forward sales cycle. Unfortunately this means if you cancel, it is unlikely that we can sell the cabin or cabins you booked to another guest. Consequently, if you cancel your trip, the following terms will apply:
- Once paid, your deposit is non-refundable regardless of when or why you cancel.
- If you fail to pay the Balance of your full payment when due (and provided we have made reasonable efforts to facilitate your payment of the Balance), we may deem that you have cancelled your booking and are thus not entitled to a credit or refund of the deposit you paid.
- If you cancel your trip in writing between 15 and 30 days prior to the scheduled departure date (and if you have paid your full payment) we will refund you 30% of your full payment.
- If you cancel your trip between 0 and 14 days prior to the scheduled departure date then you will not be entitled to a credit or refund and any monies you have paid to us will be forfeited.
Cancellation by Us
6. If we cancel a cruise that you have booked due to a force majeure event (see definition at the end of these T&C), you will be entitled to a full refund of the deposit and any part of the cruise fare that you have already paid (but excluding any third party charges besides the deposit such as accommodation, flights, etc). OR, if you opt for it, we can provide you with a rescheduled trip within 12 months. In either case, this will be the full extent of our liability in this circumstance and you will not be entitled to make any other claim for compensation regarding any loss, damage, expense, inconvenience, whether direct or indirect which may result from such cancellation.
Alterations to your Booking
7. You may alter the departure date of your trip in writing 30 days or more prior to the departure date provided that your revised booking is subject to availability and must be on one of our scheduled cruises which departs not more than 12 months after the date of your change. Your booking may only be altered once. Alteration to your booking less than 30 days prior to departure is not permitted.
Minimum Conditions for Travel
8. The following conditions apply:
(a) Our cruises require a guest to be reasonably responsible for themselves and their own safety without the need of assistance of our staff. Our guides and crew have general responsibilities to all passengers and to the boat. For these reasons, we reserve the right not to accept children who are under five years of age (as at the date of departure).
(b) You will need to have a reasonable level of physical fitness in order to undertake the cruise. This includes being able to get on and off the riverboat and to move around the boat including up and down stairs unassisted. Your cruise may also involve walking modest distances through a village or the rainforest. For this reason, we reserve the right not to accept persons who are unable to fulfil these requirements.
(c) We may, at our discretion, accept children younger than five years of age and/or accept guests with physical limitations but only where prior written agreement about special arrangements has been reached including, if applicable, additional costs and onboard personnel required to meet the needs of such guests.
Your Specific Acknowledgements
9. You acknowledge that we have explicitly drawn your attention to and made you aware of the following terms and requirements:
(a) Travel Insurance. Our cruises involve travel to remote locations in natural environments where access to medical care is not readily available. Travel insurance, including cover against personal accident, death, medical expenses and emergency repatriation, is highly recommended for travel on our cruises. You should carry your policy with relevant emergency numbers with you at all times.
(b) Prices are based on our estimates of all our operational costs. We reserve the right to amend our prices at any time up to and including the day of departure of any trip in the event of marked fluctuations in fuel prices, other operating costs or exchange rates.
(c) Health & Medical. Before boarding, please let us know if anyone in your party has a fever or a contagious illness. This helps us ensure the health and safety of all passengers and crew.
(d) Alterations to Program. Our operations take place in a remote and dynamic natural environment and often involve working with villagers and local people to create the cruise experience. There are many contingencies and conditions that can change without notice. Our itineraries are prepared with due care and we use all reasonable endeavours to follow them as advertised. However, they can be subject to change for a variety of reasons which are beyond our reasonable operational control including but not limited to human and cultural factors, impacts of an El Nino or other extreme weather, low river levels, smoke and atmospheric conditions, political situations, airline schedules and plant or equipment failure. We do not accept liability for any loss of enjoyment, delays or other costs you may incur as a result of such changes. We will use reasonable endeavours to notify you in advance of any material itinerary changes and, wherever feasible, offer alternative arrangements of comparable value.
(e) Visas and Travel Documentation. It is your responsibility to obtain the necessary visas, airline tickets and other travel documentation for your cruise is your responsibility. You indemnify us from any claim arising if inadequate travel documentation has an impact on your cruise. If we assist you to obtain bookings with airlines or hotels or other third parties, we will use all due care but we are not responsible for any acts or omissions by such third-party service providers.
(f) Entry to National Parks. We apply for permission for our guests to enter National Parks which are part of their cruise itinerary. If such permission is necessary, you agree to provide us, at least 14 days prior to the scheduled departure date of your cruise, with any information or documentation we reasonably require to secure your entry permits (including but not limited to a digital copy of your passport photo page).
(g) English Language. Our guides speak English and significant communications during your cruise, including safety briefings, are conducted in English. With prior arrangement, if required, we may be able to secure the services of an interpreter to join the cruise. Please let us know when you enquire as interpreters are not common in Kalimantan.
(h) Children. We welcome children aged 5 years and above (as at the date of departure) on our cruises but do so on the strict understanding that a cruise has many unusual risks and that participating children are under your care and supervision. You agree that any guests in your party under the age of 18 (as at the date of departure) are the sole responsibility of their accompanying parent or parents (or if a parent is not participating in the cruise then the responsibility of the Primary Contact) and you indemnify us against any claim or liability arising from us not supervising, managing or looking after any person under the age of 18 in your booking group.
(i) Behaviour. We ask that all guests show responsible and respectful behaviour towards the crew, other guests, villagers, our partners and towards wildlife. You must comply with the laws and respect the customs applicable in Central Kalimantan. If in the opinion of our guide or the riverboat’s captain your behaviour is persistently or materially outside of these parameters, then we may at our discretion direct you to leave the cruise, at your own cost and without right to a refund or compensation.
(j) Alcohol. If you become intoxicated to the point where you put your own safety or the safety of other guests at risk, or if your behaviour materially affects the enjoyment of other passengers, then we may at our discretion direct you to leave the cruise, at your own cost and without right to a refund or compensation.
Waiver of Liability
10. You acknowledge and agree that your cruise with us involves travel in remote, dynamic and wild natural environments where inherent hazards and risks, both known and unknown, are present and cannot be entirely eliminated. To the maximum extent permitted by law and except in cases of gross negligence or wilful misconduct by us, you hereby release, waive and discharge us (the company, its officers, employees, agents, and representatives) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of any loss, consequential loss, damage, or injury, including death, that may be sustained by you, as well as any loss or damage to property belonging to you, resulting from your participation in the cruise and its associated activities.
Definition of Force Majeure
11. For the purpose of these T&C, “force majeure” means any event or circumstance beyond our reasonable control, whether or not foreseeable, which would make it dangerous or not viable for a trip to commence or continue and includes but is not limited to: acts of God; cyber incident; war; civil commotion; riot; blockade or embargo; fire; explosion; plant and equipment breakdown; union dispute; earthquake; epidemic, pandemic or other health emergency; flood; low river level; the impacts of an El Nino, cyclone or other extreme weather event; lack or failure of courses of supply; or passage of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority.
Jurisdiction, Arbitration & Dispute Resolution
12. These T&C and all matters arising from or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Indonesia.
13. In the event of any dispute, claim or controversy arising out of or relating to these T&C or the Services (“Dispute”), the Parties shall first use reasonable endeavours to resolve the Dispute amicably and in good faith. If the Parties fail to resolve a Dispute within 30 days, either Party may elect for the dispute to be resolved by arbitration in Indonesia.
14. Any such arbitration shall be administered by the Indonesian National Arbitration Board (BANI) (or another recognised arbitration institution in Indonesia agreed by the parties) in accordance with its rules in force at the time of the arbitration. And, the seat and legal place of arbitration shall be in Indonesia. The language of the arbitration shall be English, unless otherwise mutually agreed. The arbitral award shall be final and binding on the Parties.
Other Matters
15. Personal Data. We collect and process your personal data in accordance with Indonesia’s Personal Data Protection Law (PDP Law, Law No. 27 of 2022) and our Privacy Policy. By booking, you consent to the transfer of your data to our necessary third-party service providers (e.g., National Park authorities) for the purpose of fulfilling your trip.
16. In accordance with Law No. 24 of 2009 and Presidential Regulation No. 63 of 2019, these T&C are available (and a contract will exist) in Bahasa Indonesia as well as in English. In the event of any discrepancy or inconsistency between the Bahasa Indonesia version and the English version of these T&C, the English version shall prevail to the extent permitted by law.
Note: Our cruises operate to a navigation schedule which requires us to be in certain places by a certain time, and in consideration the needs of other onboard guests, we need to adhere to our program. If you are unavoidably detained (such as due to late arrival of an aircraft), we ask that you (or your agent) inform us of your new arrival time. We will endeavours to accommodate the change, such as a water taxi, however late arriving guests will be responsible for the cost of any alternative transport (by road or water) to catch up with a departed cruise.