Table of Contents
- 1. Booking Contract
- 2. Details Required for Booking
- 3. Deposits, Cancellations, and Refunds
- 4. Bank Transfer Fees
- 5. Payment and Acceptance of Booking
- 6. Prices
- 7. Validity
- 8. Guaranteed Departures and Cancellation of a Trip by Travel Sparks
- 9. Changes
- 10. Medical Information and Insurance
- 11. Special Requirements
- 12. Airfare
- 13. Boats and Liveaboard
- 14. Travel Documents
- 15. Acceptance of Risks
- 16. Travel Sparks is Not Liable for Partnered Suppliers
- 17. Liability
- 18. Force Majeure
- 19. Images and Marketing
- 21. Amendments
In booking or participating on a trip and other related products and/or services (“Trip”) with Travel Sparks (“Travel Sparks”) and its partners (“partners”), you and any other participant in your group (“you”) agree to our Terms & Conditions (“Terms”) below.
In booking a Tour, you acknowledge that you have read, understood, and agreed to our Terms. When booking on behalf of other people, you guarantee that you have been authorized to accept our Terms on behalf of those people.
1. Booking Contract
A booking contract is confirmed once Travel Sparks has sent you a written confirmation of your Trip after the receipt of the applicable deposit amount of your Trip. It is advised to check your confirmation and Trip itinerary carefully and report any incorrect or incomplete information to Travel Sparks.
When booking for other participants, you are recognized to be the contact person for every participant that is included on that booking. You are then responsible for all payments due in connection with the Trip, for notifying Travel Sparks of any changes or cancellations, and for keeping every participant informed.
When booking on behalf of other people, you guarantee that you have obtained all required consents
The person making the booking agrees to provide complete and accurate information to Travel Sparks.
The person making the booking must be at least 18 years old at the time of the booking, and anyone traveling under the age of 18 years old must be accompanied by an adult.
2. Details Required for Booking
As a condition of booking, you must provide the information requested by Travel Sparks along with final payment. These information includes but is not limited to:
- Full name of each participant of the Trip
- ID number (Passport, Indonesian driver’s license, or KTP/KITAS/KITAP) of each participant of the Trip along with a copy of ID.
- In lieu of scuba diving activities:
– Your level of certification
– Scuba diving certification number (if certified)
– Date of your last dive (if certified)
– Details of your size for diving equipment (wetsuit, BCD, fin size – if they need to be rented)
- In lieu of snorkeling activities:
– Fin size
If you fail to supply information required by Travel Sparks for permits, or other inclusions, you will also be liable for any costs, fees, or losses including failure to obtain or provide that inclusion.
The information required by Travel Sparks will vary according to your Trip, and will be communicated to you during the booking process. Travel Sparks will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced, or otherwise incomplete information you have provided.
3. Deposits, Cancellations, and Refunds
A 50% deposit is required at least 30 days before your departure date for your Trip. If the booking confirmation occurs any time after the 30-day deadline, you must confirm your booking with full payment.
The 50% deposit is non-refundable in case of cancellation of the Trip by the traveler (“you”).
Full payment must be made at least 10 days before your departure date for a Trip.
In case of Trip cancellation by the traveler 7 days prior to the departure date for a Trip, Travel Sparks will refund 50% of your second deposit for full payment.
In case of Trip cancellation by the traveler less than 7 days prior to the departure date for your Trip, you will not be refunded.
4. Bank Transfer Fees
Travel Sparks only accepts payment for your Trip via bank transfer. Travel Sparks is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of a payment transaction, and will not refund or return any fees charged by third parties or financial institutions in connection with payments by you to Travel Sparks.
5. Payment and Acceptance of Booking
Travel Sparks will send you an invoice with details of amount of transfer to confirm your Trip. Your Trip will be considered booked, once we have received the amount referred to on your invoice on our account.
To accelerate booking process, you may send a remittance copy of your transfer to Travel Sparks.
Full payment of your Trip must be made before the start of your Trip. Failure in doing so, Travel Sparks will consider your Trip cancelled and apply the conditions of these Terms for Refund Policies. Travel Sparks will not be responsible for any costs, fees, or losses incurred from this situation.
By confirming your booking through payment, you agree to the herein Travel Sparks Terms and Conditions.
The published price of the Trip on your itinerary is subject to change at any time, before or after booking confirmation.
The published price will be quoted in either IDR, USD, EUR, or GBP. The quoted price of your unique itinerary will be based on the conversion rate of the day that the quotation was created, and is subject to change before your booking confirmation.
All itineraries and prices of the Trip are subject to change at any time and the current price will be quoted and confirmed at the time of booking.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services.
8. Guaranteed Departures and Cancellation of a Trip by Travel Sparks
Travel Sparks guarantees that all scheduled Trip departures booked and secured with full payment will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Trip and itinerary information is available by contacting Travel Sparks.
If a Trip is cancelled by Travel Sparks before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Travel Sparks:
a. A substitute Trip of equivalent or
b. A substitute Trip of lesser value if no Trip of equivalent is reasonably available and to recover from Travel Sparks the difference in price between the price of the Trip originally purchased and the substitute Trip; or
c. A full refund of all monies paid for the cancelled Trip.
Travel Sparks is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights, or other fees, loss or earnings, or loss of enjoyment. Travel Sparks reserves the right to issue of a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Trip as described cannot be provided after departure, Travel Sparks will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, Travel Sparks may provide you with a refund for unused products or services as determined in its discretion.
Changes made by Travel Sparks: Travel Sparks may modify your itinerary where reasonably required in its sole discretion. If Travel Sparks makes a change affecting at least one full day of the itinerary of which materially affects the character of a product or service in its entirety (a “Significant Change”), Travel Sparks will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Significant Change is made more than 14 days before departure, you may choose to:
a. Accept the Significant Change and proceed with the amended product or service;
b. Book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or
c. Book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or
d. Cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
You must notify Travel Sparks of your choice within 7 days of receiving notice or you will be deemed to accept the amended itinerary.
Once a Trip has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of Travel Sparks. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with Travel Sparks, whether or not such expenses arise from a change of itinerary, and Travel Sparks is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Travel Sparks will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to Travel Sparks is accurate and up-to-date. Any changes to your name on any booking are subject to Travel Sparks’ approval. Any changes to a booking depend on availability and are subject to Travel Sparks’ approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Trip, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
10. Medical Information and Insurance
Travel Sparks reserves the right to know if you have any pre-existing medical conditions which may impact your ability to travel, participate in a Trip, travel to remote areas without access to medical facilities or may affect the experience of others on your Trip. In turn, Travel Sparks reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of the Tour.
Travel Sparks and its partners reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where Travel Sparks and its partners determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition, and must be disclosed to Travel Sparks at the time of booking. Travel Sparks and its partners may refuse to provide Trips to women over 24 weeks pregnant.
Travel Sparks may refuse to accept bookings from anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
You are responsible for assessing whether a Tour is suitable for you. You should consult your doctor or your physician to confirm your fitness for travel and participation in any planned activities. You should seek your doctor or physician’s advice on vaccinations and other medical precautions. In no way does Travel Sparks provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Trip based on your own unique circumstances, limitations, fitness level, and medical requirements.
Tours with Travel Sparks may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country or city. The condition of medical facilities in the region you may visit on your Trip varies and Travel Sparks makes no representations and gives no warranties in relation to the availability or standard medical facilities in those regions.
Insurance coverage is not included in any Trips offered by Travel Sparks.
It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destinations, and activities included in your booking so that the insurer may provide appropriate coverage.
11. Special Requirements
Any special requirements must be disclosed to Travel Sparks at the time of booking. Travel Sparks will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary.
All food allergies and dietary restrictions must be disclosed to Travel Sparks at the time of booking, but Travel Sparks cannot guarantee that dietary needs or restrictions can be accommodated.
Quoted prices for your Trip does not include international or domestic airfare unless you expressly request it (for domestic travels only). Travel Sparks will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by Travel Sparks or the applicable air carrier(s).
Travel Sparks acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. You may consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellations terms. Travel Sparks is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status, or delays.
Travel Sparks is not responsible for any lost, missing, or damaged luggage that may incur at any time during your Trip.
13. Boats and Liveaboard
In case of boat travel during your Trip, Travel Sparks will only provide you a quotation for a private chartered boat. You will be the only group travelling on the boat provided to you.
Boats will vary in comfort and it is up to you to explicitly specify the level of comfort required.
Liveaboards are overnight stays on a boat. Fitted with cabins to sleep in, they also vary in comfort.
If your Trip includes a Liveaboard you will be provided with breakfast, lunch, dinner, snacks, and drinks on board. Breakfast, lunch, and dinner will be provided to you depending on your embarkation and disembarkation schedule.
Weather, currents, and other factors will play a part in your boat Trip. In case of re-routing, or cancellation of your boat Trip, Travel Sparks will not be liable for any costs, fees, or losses incurred due to this situation. The captain of the boat is responsible in ensuring your safety during your Trip, and will have a final say on your sailing itinerary.
14. Travel Documents
It is your responsibility to secure the proper documentation prior to joining a Trip. You must be in possession of a valid passport with at least six-month validity from the date of entry and all visas required for the whole of the journey. Any information or advice given by Travel Sparks on visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on the part of the company.
You accept full responsibility for obtaining all such documents, visas, and permits prior to the start of the Trip, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by Travel Sparks that is a direct result of your failure to secure or be in possession of proper travel documentation.
15. Acceptance of Risks
You acknowledge that Trips offered by Travel Sparks may involve a significant amount of risk to your health and safety. By traveling with Travel Sparks you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases Travel Sparks from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, visiting foreign destinations, and participating in adventurous activities such as those included in the Trip’s itinerary or otherwise offered by Travel Sparks.
You acknowledge that the standards of hygiene, accommodation and transport in certain countries where Trips take place are often lower than the standards you may reasonably expect in your home country or region. Any information or advice given by Travel Sparks on local customs, weather conditions, specific safety concerns, physical challenges or laws during the Trip is given in good faith but without responsibility on the part of the company.
You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act during a Trip or, if in the opinion of Travel Sparks (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, Travel Sparks may terminate your travel arrangements on any product or service immediately at your expense and without any liability on Travel Sparks’ part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Travel Sparks or the Partnered Suppliers for property damage, destruction or theft caused by you while on a Trip. You agree to immediately report any pre-existing damage to a representative of the travel agent and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree to take all prudent measures in relation to your own safety while on a Trip including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Travel Sparks nor its Partners (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to Travel Sparks as soon as possible in order to provide Travel Sparks with the opportunity to properly address such complaint. You agree to inform your tour leader, or another representative of Travel Sparks directly. Travel Sparks assumes no liability for complaints that are not properly brought to the attention of Travel Sparks and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Trip must be received in writing by the travel agent within 30 days of the last day of travel of the booking in question.
16. Travel Sparks is Not Liable for Partnered Suppliers
Travel Sparks makes arrangements with accommodation providers, activity providers, airlines, sailing boats, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Partnered Suppliers”) to provide you with some or all of the components of your booking. Partnered Suppliers may also engage the services of local operators and sub-contractors. Although Travel Sparks takes all reasonable care in selecting Partnered Suppliers, Travel Sparks is unable to control the Partnered Suppliers, does not supervise the Partnered Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by the Partnered Suppliers are subject to the terms and conditions imposed by these Partnered Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Partnered Supplier. You acknowledge that the Partnered Suppliers operate in compliance with the applicable laws of the countries in which they operate and Travel Sparks does not warrant that any Partnered Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
Travel Sparks is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Travel Sparks and its employees.
Travel Sparks is not liable for the acts or omissions, whether negligent or otherwise, of Partnered Suppliers or any independent contractors.
Travel Sparks and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for:
a. Any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and
b. Any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against the travel agent for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of Travel Sparks or of the Partnered Suppliers of any services which form part of the booking contract then Travel Sparks limits its liability, where applicable by all applicable international conventions.
Notwithstanding anything to the contrary elsewhere in these Terms, Travel Sparks will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
18. Force Majeure
Travel Sparks will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the travel agent’s failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Travel Sparks; or an event which Travel Sparks or the Partnered Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
19. Images and Marketing
You agree that, while participating in any Trip, images, photos or videos may be taken by other participants, Travel Sparks or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the travel agent, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
Travel Sparks reserves the right to update or alter these Terms at any time, and will post the amended Terms on Travel Sparks’ website at www.travelsparks.co . An up to date copy of these Terms, as amended, may be accessed at any time on Travel Sparks’ website and will be sent to you upon written request to Travel Sparks. You are deemed to have accepted any amendments to these Terms. Travel Sparks recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.