Terms and Conditions d'Omah Hotel Bali

Website Privacy Policy

PRELIMINARY

All references to the Hotel in this Privacy Policy refer to the d’Omah Hotel Bali, Indonesia.

The Hotel is a privately owned business focused on providing its guests with a relaxing, enjoyable stay in Indonesia.

When you visit the Hotel’s website personal information and non-personal data will be collected depending on the nature of your visit.

The Hotel provides this Privacy Policy to inform you how the personal information you provide is collected and used. You can then make a choice about using the website.

The Hotel respects your privacy and is committed to protecting all the information you provide. Secure Socket Layer (SSL) encrypted protection is used for all credit card and financial transactions.

The Hotel’s Privacy Policy covers all personal information and non-personal data collection.

SSL - is the leading security protocol on the Internet. It is widely used and does two primary things: 1) it validates the identity of a Website; and 2) it creates an encrypted connection for sending credit card and other personal data. You will note a lock icon at the top or bottom of your browser. If the lock is closed, you are on a secure SSL or TLS connection.

PERSONAL INFORMATION

Personal information is your name and other features of your identity including your user and contact details. This information supports the user relationship with the Hotel and is not used for any other purpose by the Hotel. All details regarding the terms and conditions governing relationships between the Hotel and its users are set out in our Terms and Conditions Document below.

NON-PERSONAL DATA

By visiting the Hotel’s website, the Hotel may collect a variety of non-personal information such as:

i. the time and date of your visit;
ii. the length of time you visit for;
iii. domain information;
iv. the pages and the number of pages you have viewed;
v. your ISP details;
vi. the number of times you visit our website within a month;
vii. your IP address or proxy server’s IP address;
viii. the number, type and size of files you view;
ix. basic information regarding the website that referred you to our website;
x. the version and type of internet browser you are currently using; and
xi. information about the type of operating system your computer uses.

This information is only used for statistical and website development purposes. This data is not associated with any specific personal identity. This information is primarily used for business analysis so The Hotel can improve user relationships by providing a more effective and efficient service.

WEBSITES COVERED BY THIS PRIVACY STATEMENT

This Privacy Statement applies to all websites owned or operated by the Hotel including, www.domahbali.com and www.ubud-accommodation.com. It is also relevant to third party websites accessed via a website owned or operated by the Hotel.

The Hotel website may provide links to third party or affiliate websites. If you access those websites using links found on the Hotel’s website you leave the Hotel website and the protection of the Hotel’s privacy policy. The Hotel does not control the privacy policy of third party websites, nor does it endorse the content of third party websites or make any representation about third party websites in any way. Further information regarding third party websites is set out in our Terms and Conditions Document below.

HOW YOUR INFORMATION IS KEPT SECURE

The Hotel provides the user access to its website. A user’s personal information can only be accessed by authorised Hotel personnel. SSL encryption protects sensitive information transferred to the Hotel’s website. Credit card and other financial information are used only to process user payments. The Hotel does not retain credit card details and does not use this information for any other purpose.

PRIVACY AND FREEDOM OF INFORMATION

All personal information held by The Hotel either in its data bases or otherwise is held in a strictly confidential manner and is subject to the Commonwealth of Australia Privacy Act 1988. All such personal information will be available to the user in accordance with the Commonwealth of Australia Freedom of Information Act 1982.

CHANGES TO THIS PRIVACY STATEMENT

The Hotel reserves the right to change its Privacy Policy at any time. If the Hotel’s Privacy Policy is changed this document will be updated to reflect the changes and the revision date will be posted on the document. A notification of the changes will be posted on the Hotel’s website.

ENFORCEMENT AND COMPLAINTS

Although The Hotel makes every effort to preserve and respect the privacy of its users, The Hotel may need to disclose personal information when required to do so under law. If you have any questions, concerns or complaints regarding The Hotel's privacy policy, or if you believe that The Hotel has not adhered to this privacy policy, or if you would like to request access to your personal information you should contact The Hotel’s Privacy Officer by email at: bookings@domahbali.com.au It is the Hotel’s Privacy Officer’s responsibility to investigate and respond to your concerns or complaints. In consultation with the Hotel’s legal advisors the Hotel will then endeavour to implement any and all appropriate action.

Terms and Condtions of Use

PARTIES

THE HOTEL

All references to “the Hotel”, “us” or “we” refer to d’Omah Hotel, Bali, Indonesia.

YOU

All references to “you”, “the user”, “user”, “service user”, “your”, “guest”, “occupant”, are interchangeable and where the Service is used by an entity other than a natural person such as a Company or other incorporated or non-incorporated entity, regardless of jurisdiction of incorporation, such entity will be referred to by these terms also.

FORWARD

PLEASE NOTE: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE HOTEL. YOU SHOULD READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO USE THE SERVICES OFFERED BY THE HOTEL. BY CLICKING ON THE “BOOK NOW” BUTTON YOU, THE USER, AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THE OFFER SET OUT HEREIN. FURTHER, YOU AGREE TO BE BOUND BY THE JURISDICTION OF THE STATE OF NEW SOUTH WALES, AUSTRALIA AND YOUR AGREEEMENT IS BINDING AS PROVIDED FOR UNDER THE ELECTRONIC TRANSACTIONS ACT 2000.

IF YOU ARE UNDER 18 YEARS OF AGE YOU MUST OBTAIN THE WRITTEN CONSENT OF YOUR PARENT OR GUARDIAN TO USE THIS SERVICE. SUCH WRITTEN CONSENT SHOULD BE FORWARDED TO: bookings@domahbali.com

1. The Online Booking Service

1.1. The Hotel website provides access to information and an online credit card booking service for the use of private and corporate clients wishing to book accommodation at the Hotel.

1.2. You must obtain access to the Internet in order to use the online booking service. Although bookings may also be made directly via one of the following options:

i) In Person: Jalan Penestanan Panestanan Klod Ubud – Bali, Indonesia.

ii) By Telephone: +62 361 976622

iii) By Fax: +62 361 976126

iv) By Email: bookings@domahbali.com

1.3. Upon receipt of your credit card payment you will receive a timely written confirmation from Paypal by email acknowledging receipt of your payment. The Hotel does not acknowledge any responsibility for such receipt.

1.4. A booking for the Hotel, made through this online booking service, does not guarantee the availability of such booking. In the event that a booking is not available for any reason the Hotel will endeavour to provide you with an alternative booking. In the event that no alternative arrangements can be made between the Hotel and the guest, a full refund or your booking fee will be made.

1.5. The Hotel shall retain the right to change the terms of this Agreement from time to time and will notify all current Guests by email only. Any such changes will become immediately effective upon uploading to http://www.domahbali.com .

1.6. The Hotel hereby retains the right to add to, vary, cancel or amend in any way the conditions of use or the terms of this Agreement immediately, without prior written notice, only if such changes are necessary in order to prevent harm to Hotel's network, security or other persons or property, or to protect users' data.

2. Agreement Subject to House Rules

2.1. The guest understands that by entering into this agreement they will be subject to all Hotel ‘House Rules’.

2.2. The Guest may obtain a copy of such ‘House Rules’ by making a written request to bookings@domahbali.com .

3. Fees and Charges

3.1. The user will be liable to pay all fees and charges incurred in the booking of your accommodation or accrued during the term of your stay as a guest of the Hotel.

3.2. Such fees and charges will be assessed at the rates effective during the billing period in which such fees and charges are incurred.

3.3. All incidental room charges will be payable upon request or upon checkout, otherwise the Guest may be subject to a late fee.

4. Refunds and Payment Disputes 4.1. It is the user’s responsibility to ensure that all contact details are up to date and that you use correct spelling.

4.2. The Hotel does not warrant by acceptance of your information that such information is correct, this responsibility rests with the user.

4.3. In the event that the user believes that a service payment was made either mistakenly or improperly, the Hotel may, at its discretion, void, rescind or issue a credit for your service payment.

5. Privacy and Freedom of Information

5.1. All personal information held by the Hotel either in data bases or otherwise is held in a strictly confidential manner and is subject to the Commonwealth of Australia Privacy Act 1988.

5.2. All such personal information will be available to the user in accordance with the Commonwealth of Australia Freedom of Information Act 1982.

5.3. The Hotel reserves the right to charge a reasonable service fee for the provision of all such personal information. For more information on the Hotel’s Privacy Policy please see above.

6. Content and Data Ownership

6.1. The user understands that the Hotel neither controls nor is responsible for any third party content made available through its Service.

6.2. The Hotel neither pre-screens nor approves third party content.

6.3. Under no circumstances will the Hotel be liable in any way for any loss or damage of any kind incurred by the user or anyone else as a result of the use of any third party content made available through the Service.

6.4. You will, at all times, be the owner of any data personally entered, however, you acknowledge that the Hotel will collect and use certain information related to website usage; and, that such information may be collected without notice or payment or benefit to the user.

6.5. Such information may include the volume and value of payments made, the duration of your stay and your country of origin.

6.6. The user agrees that the Hotel is authorised to reproduce and make such information available as the Hotel requires, provided that guests will not be identified personally.

6.7. You, the user bear the responsibility of checking and maintaining the accuracy of all of the data you enter.

6.8. The Hotel maintains that it has absolutely no obligation to provide you access to your data upon the expiration or termination or your agreement with the Hotel unless requested to do so in accordance with the Commonwealth of Australia Freedom of Information Act 1982. In the event that you make such a request, you may send the Hotel an email requesting a print out of your data, there will be a reasonable service fee associated with this service.

7. Hotel Intellectual Property

7.1. As between you and the Hotel, the Hotel is the sole owner of the Service, its databases and all trade marks, Copyrights and other proprietary rights of any kind whatsoever related to the Service (collectively, referred to as "Hotel Intellectual Property").

7.2. By merely accessing/using the Service you obtain no ownership rights in the Hotel Intellectual Property. Rather, you have a limited licence to use the Service as set forth in this Agreement as long as you are in compliance with the terms as set out herein.

7.3. All rights regarding use of any Hotel Intellectual Property not granted to you in this Agreement are expressly reserved by the Hotel.

8. Linked Websites

8.1. The Service may provide links to other websites and resources. The Hotel has no control over these websites or resources.

8.2. The Hotel expressly states that it is not responsible for the availability of or Content contained on any external websites or resources.

8.3. The Hotel does not endorse nor is it responsible or liable for any content, advertising, products, or other materials on or available from or through such websites or resources.

8.4. The Hotel does not make any representation or warranty as to the accuracy, reliability, completeness, authenticity or safety of the information contained in or on any linked website.

8.5. The Hotel will not be liable for any loss or damage caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.

8.6. The user acknowledges that external websites may have their own privacy policies, and terms and conditions, which will set out your rights and obligations regarding those websites, accordingly your activities on any other website are undertaken at your own risk.

9. Promotions and Advertisements 9.1. The Hotel may from time to time run promotions and advertisements on its website and or third party websites.

9.2. Any business dealings or correspondence with, including participation in promotions of, advertisers either found directly on or linked to through the Service, including the subsequent delivery and payment of related goods or services, including any other representations, terms, conditions or warranties regarding any such dealings, are solely between you and the relevant advertiser.

9.3. You, the user hereby agrees that the Hotel is not responsible or liable for any damage or loss of any sort sustained as the result of any such dealings or as the result of the existence of such advertisers made available through the Service or as a result of a link to the Service.

10. Fair Trading Policy 10.1 The user understands that all communications and advertisements between the Hotel and its Guests made under this agreement will comply with the state of New South Wales Fair Trading Act 1987.

11. User’s Conduct

11.1. The user, hereby agrees not to use the Service to: (i) upload, post or otherwise transmit any Content that is in any way tortious or unlawful including Content that may be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) cause harm to minors in any way; (iii) impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation and or association with any other person or entity including a corporation; (iv) post, upload or otherwise transmit any Content that you do not have a right to transmit under any law, including international law; or under fiduciary or contractual relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or a nondisclosure agreement); (v) post, upload or otherwise transmit any Content that infringes any intellectual property including a patent, trademark, trade secret, Copyright or other proprietary rights of any party; (vi) post, upload or otherwise transmit any material that contains software viruses or any other computer code (either malicious or non-malicious), files or programs designed to interrupt, limit or destroy the functionality of any computer hardware or software including telecommunications equipment; (vii) disrupt or interfere with the Service, including its servers and or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (viii) intentionally or negligently violate any applicable Australian or international law; (ix) intimidate, stalk or otherwise harass any other person; (x) store or collect personal data about other users, the Hotel or the Service; (xi) promote or incite others to promote or provide instructional information about illegal activities to any other person or persons; (xii) promote or incite others to promote any physical harm or injury against any group or individual; (xiii) promote or incite others to promote any act of cruelty to animals to any other person or persons.

12. Anti-Spam Policy

12.1. You, the user, understands and agrees that the Hotel may, from time to time, send you email advertisements of the Hotel’s promotions, however, such emails will provide for your option to request to ‘unsubscribe’ to future promotional emails as provided for under the Commonwealth of Australia Spam Act 2003 (Cth).

13. Modification of Service

13.1. The Hotel reserves the right, with or without notice, from time to time or at any time to discontinue or modify the Service or any part thereof.

13.2. The user, hereby agrees that the Hotel shall not be liable either to you or to any third party for any such modification, suspension or discontinuance of the Service.

14. Indemnity

14.1 The user agrees to indemnify, defend and hold the Hotel, its officers, subsidiaries, affiliates, agents, employees or other partners, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service.

15. General Disclaimer of Warranties

15.1. The user agrees and hereby expressly acknowledges that your use of the Service and or any of the services made available to you by your use of the Service is provided "as available" and "as is" without any warranties or conditions whatsoever, express or implied other than those provided for in this agreement.

15.2. The Hotel does not warrant or represent that the Service, its documentation or network is free of errors; and, that any such errors whatsoever that may be identified will be corrected; however, as a matter of policy the Hotel will make efforts at its convenience to rectify any such errors once identified within a reasonable time.

15.3. The Hotel does not guarantee, warrant or make any representation whatsoever regarding the uptime, connectivity, speed or general availability of the Hotel's website or network, or that the Service will in any way meet your requirements or expectations.

15.4. Specifically, the Hotel does not guarantee, warrant or make any representation with respect to the compatibility, quality or continuity of any third party internet service provider's, telecommunication networks, information systems, networks or intranets; including, the operability, reliability or functionality of the Hotel's or any associated third party's systems.

15.5. The Hotel does not guarantee or warrant in any way that your data is secure, except that the Hotel will endeavour to keep your data secure using SSL and act within the guidelines of the Hotel privacy policy as posted. SSL - Secure Sockets Layer, is the leading security protocol on the Internet. It is widely used and does two primary things: 1) it validates the identity of a Website; and 2) it creates an encrypted connection for sending credit card and other personal data. You will note a lock icon at the top or bottom of your browser. If the lock is closed, you are on a secure SSL or TLS connection.

15.6. The user understands that if, for any reason, there is a failure or breach of the security of the Service or the Hotel’s network, or as a result of errors in the Service or Hotel’s network you release the Hotel from any liability for loss or damage caused by or resulting from any failure or breach of security or from errors in the Service or Hotel's network.

15.7. The Hotel gives no warranty either expressly or impliedly, whether under statute, at common law, by trade usage, through a course of dealing, custom or otherwise; including, without limitation, any warranty of merchantability, quality or fitness for purpose.

16. Disclaimer of Liability

16.1. The user is solely responsible for the use and or accuracy of your data.

16.2 The Hotel shall not, under any circumstances whatsoever, have or bear any liability of any kind or nature whatsoever for the use and or accuracy of your data; including the use of your data by any person or entity you may have granted access to either intentionally or inadvertently; or for the use of your data by any person or entity who may have gained access to your data through an error in the Service, a failure or breach of security of the Service or Hotel's network.

16.3. Under no circumstance whatsoever shall the Hotel have or bear any liability or responsibility for the failure of any other entity or institution to maintain the accuracy or integrity of their respective data files including, but not limited to, those data files which contain any template, form or other content which any other entity or institution may provide access to you through the Service.

16.4. In the event that the user suspects that there is an error or defect in the Service, the user must immediately inform the Hotel.

16.5. The Hotel shall have no liability for any third party links added to the Service. Your use of third party links is at your sole risk and discretion.

17. Limitation of Liability

17.1. Under no circumstances including, but not limited to, negligence, will the Hotel, its owner, executives, agents, employees or affiliates be liable to you or any third party for any loss whether actual, nominal, notional or any other form of loss, including a loss of chance which may result in damages, of any kind, including but not limited to indirect, incidental, special, consequential, punitive or exemplary damages, which arises out of the use and or inability to use the Service or resulting from any breach of security, Service failure, interruptions, mistakes, omissions, deletions or loss of data or files, defects, errors, delays in performance or operation of the Service, regardless of the cause, including but not limited to, acts of god, theft, destruction, communication failure or unauthorised access to the Hotel's network, Services or programs, or for any claim by any other party, such limitation will remain effective even in the event that the Hotel has been made aware of the possibility of such damages.

17.2. To the extent that the Hotel’s liability under this agreement cannot be limited or excluded under statute or at common law, said liability shall be limited to the replacement of any deficient software or the correction of any deficiency therein at the sole discretion of the Hotel.

18. Support 18.1. The Hotel shall have no obligation to provide any support to the Service, to create any upgrade or correct any defects. However, the Hotel’s technical support staff will endeavour to ensure that the Service is functional at all times.

19. Copyright

19.1. All of the Content included on this website is the intellectual property of the Hotel and its content suppliers, unless otherwise accredited, and is therefore protected under the Commonwealth of Australia Copyright Act 1968; and, under both customahy and treaty international Copyright laws. The compilation of all Content on this website including the website layout, design and concept is the exclusive property of the Hotel and its content suppliers, and is also protected under the Commonwealth of Australia Copyright Act 1968; and, under both customahy and treaty international Copyright laws. All of the software used on this site is the property of Hotel and/or its software suppliers and is also protected under the Commonwealth of Australia Copyright Act 1968; and, under both customahy and treaty international Copyright laws.

19.2. Procedure for providing notice regarding claims of Copyright infringement. In the event that you believe that any of your work has been copied or reproduced in a way that comprises a Copyright infringement, as provided for pursuant to the Commonwealth of Australia Copyright Act 1968; and/or, under either customahy or treaty international Copyright law, please do not hesitate to provide to the Hotel’s Copyright agent all of the following information:

(i). A description of the claimed Copyrighted work that has been infringed.

(ii) A sufficiently detailed description of the location upon the Hotel’s website where the material you claim is infringing is located.

(iii) A statement made by you stating that you have a belief based in good-faith that the disputed use is not authorised by the Copyright owner or its agent; that all of the information in your notice of Copyright infringement is accurate; that such statement is made under the penalty of perjury; and, that you are either the Copyright owner or authorised to act on the Copyright owner's behalf.

(iv) The statement must include a physical street address, telephone number and a valid email address.

(v) The statement must also have either an electronic or an actual physical signature of the person filing the notice.

Notices should be forwarded to:

Karl Gye
Lawsearch Australia
5A/14 Middleton Street,
Byron Bay, NSW, 2481.
Australia
ip@lawsearchaustralia.com.au

20. Trade Mark Information

20.1. The Hotel’s trade marks and service marks including its word marks, logos and composite marks are the exclusive intellectual property of the Hotel. Such “marks” are subject to the protection of the laws of Australia and, both customahy and treaty-based international trade mark law.

20.2. The Hotel will enforce its trade mark rights over its marks. However, the Hotel may license use of its marks for valuable consideration at its discretion.

21. General Provisions, Term and Termination

21.1. The provisions contained on this website enabling you the user to use the Service is an invitation to treat and not a unilateral offer, acceptance is, therefore not intended to be dispensed with. This Agreement shall be in effect the moment the Hotel accepts your offer to enter into it. Such offer is deemed to have occurred by you clicking on the ‘BOOK NOW’ button. However, the Hotel’s acceptance will not be in effect until such time as you receive your confirmation email. This Agreement shall continue in effect and full force for as long as you remain in compliance with ‘terms and conditions of use’ of the Service unless terminated for any reason under the terms of this Agreement.

21.2. This Agreement shall constitute the ‘entire agreement’ between the user and the Hotel.

21.3. No provision of this Agreement may be waived, modified or terminated unless provided in writing and signed by both parties to this Agreement or pursuant to the Hotel posting updated terms as described herein.

21.4 The user shall not assign any of their rights or obligations under this Agreement without obtaining the prior written consent of the Hotel.

21.5 The Hotel reserves the right to assign or transfer all or any portion of this Agreement to another party. However, the Hotel warrants that any assignee or transferee will agree to be bound by the terms and conditions as set out in this Agreement as a condition precedent to any such assignment or transfer.

21.6 This Agreement shall be governed and interpreted by the laws of the State of New South Wales, Australia.

21.7. Having regard to the foregoing, the user acknowledges that the Hotel may seek specific performance, injunctive, or other equitable relief in any court of competent jurisdiction in order to protect its contractual rights under this agreement, its Copyrights, trade marks and other intellectual property and you hereby agree to submit personally to the jurisdiction of any such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

21.8. The Hotel shall not be responsible or in any way liable for any damages caused to you by reason of a Force Majeure (an unexpected or uncontrollable event), including but not limited to, war, terrorism, a government action, riot, labour or union dispute or strike, fire, flood, storm, natural catastrophe, accident, theft or a shortage of energy supplies, a disruption in internet connectivity or any other cause that is beyond the reasonable control of the Hotel.

21.9. If any part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that part may be severed from the Agreement. However, the remainder of this Agreement shall be interpreted so as to reasonably give effect to the intention of the parties.

21.10. Any failure by either party to this Agreement to exercise, nor delay in exercising, any right or remedy, provided for herein or otherwise, shall operate as a waiver thereof.

21.11 The individual clauses provided for under each heading in this Agreement shall survive the expiration or termination of this agreement as a whole for any reason whatsoever.

20.12. This Agreement and any other relevant agreements, notices or communications provided to you by the Hotel and its third party suppliers regarding use of the Service by you, may be provided to you electronically and you agree that such communications may be in electronic form in accordance with the State of New South Wales Electronic Transactions Act 2000. Electronic communications may be delivered to any email address you provide for such purpose; additionally, such communications may be posted on the Hotel's website. The Hotel retains the right to print and retain hard copies of such communications, and accordingly, the Hotel strongly recommends that you print and retain hard copies of any such agreements including this Agreement.