- This site of www.pegipegi.com, including the content and infrastructure of these pages are owned and operated by PT. Go Online Destination (the “Company”) and are provided for the User’s personal, non-commercial use only, subject to the terms and conditions set out below.
- These Rules and Term of Use (the “Rules”), as may be amended from time to time, shall apply to all the acts engaged in by User who takes advantage of the hotel reservation service and facility through www.pegipegi.com, that made available online through any computer and mobile device; or by telephone using the services of call center operated and managed by the Company (“Call Center”), hereinafter collectively referred to as the “Service”.
- The website www.pegipegi.comprovide an online platform through which hotels incuding all types of temporary accommodation can advertise their rooms for reservation, and through which visitors to the said website can make such reservation.
- By making a reservation through www.pegipegi.com, a User enters into a direct (legally binding) contractual relationship with the hotel at which he/she books. From the point at which the User makes his/her reservation, the Company act solely as an intermediary between User and the hotel, transmitting the details of the User’s reservation to the relevant hotel and sending the User a confirmation email for and on behalf of the hotel.
- If there are various warnings informed by the Company through the Services ("Warnings"), the Warnings shall constitute part of these Rules.
- User shall use the Services after agreeing to these Rules; henceforth the Company deems that a User has agreed to follow these Rules through the use of the Services.
B. TAKING EFFECT THE SERVICES
- Services means the services that enabling User to reserve by himself/herself through the Internet www.pegipegi.com or the Company call center, hotel rooms or facilities including but not limited to Villas, Inns, and Resorts ("Hotel Rooms") which have been previously registered as posted facilities ("Posted Facility") which provide services relating to the accommodation and the use of facilities, etc. ("Facility Services") at their own responsibility.
- When a User applies for a reservation relating to the use of the Facility Services by himself/herself through the www.pegipegi.com, an agreement regarding the use of the relevant Facility Services between the Posted Facility and the User (an accommodation agreement or a use agreement for the facility or services; hereinafter, a "Usage Agreement" shall take effect at the time when a "reservation number" is issued on the computer system of www.pegipegi.com and clearly indicated on the screen of the Services for application for the relevant reservation. However, even if a "reservation number" has not been indicated on the screen of the computer of a User due to any circumstances including communication circumstances or failure of the computer, though it has been issued, when a User is able to confirm the reservation details by using the "reservation reference/change/cancellation" functions of www.pegipegi.com, a Usage Agreement shall take effect.
- In the case of the preceding paragraph, the Company shall deliver a "reservation confirmation e-mail" stating a "reservation number" to an e-mail address designated by a User in advance in order to certify the taking effect of a Usage Agreement; provided that, under no circumstances including cases where a User cannot receive a "reservation confirmation e-mail" due to a reason not attributable to the Company such as communication situations or an error in the typing of the relevant e-mail address, shall the taking effect of a Usage Agreement be affected by the foregoing:
a. When User applies for a reservation for the use of the Hotel Rooms through the www.pegipegi.com reservation center, a Usage Agreement shall take effect between the Posted Facility and the User at the time when an operator of www.pegipegi.com reservation center notifies the User of the "reservation number"; provided that, the www.pegipegi.com reservation center shall handle only the receipt of reservations relating to accommodation;
b. When a Usage Agreement takes effect between the Posted Facility and a User in accordance with this Article, the User shall be deemed to have agreed to assume all obligations including bearing the cancel charges separately determined by the relevant Posted Facility.
C. PRICE RATES
- User understands that information relating to the status of vacant rooms or the price of the Facility Services ("Price Rates") provided by the Posted Facility may be different from the information provided on other media. The Prices presented by the Posted Facility shall exclude consumption taxes, while, service charges or other various taxes may or may not be included in the Price Rates.
- User understands that Price Rates presented by the Posted Facility is subject to change. Price Rates after change shall only apply to User who enters into a Usage Agreement after such change, and the Price Rates before such change shall apply to User who has entered into a Usage Agreement before such change.
- If the Price Rates change after the taking effect of a Usage Agreement and a User changes the reservation details thereafter, Price Rates after such change shall apply to such User; provided that, if the changed details are limited to both or either of the number of accommodation days and/or the number of rooms, the Price Rates before such change shall apply to such User.
D. CHANGE OR CANCELLATION THE RESERVATION
- In canceling a reservation for the Hotel Rooms, User shall confirm the reservation details through the "reservation details reference screen" on www.pegipegi.com, and follow cancellation procedures on the Internet for a reservation made through the Internet, and via a Call Center for a reservation made through a reservation call center. If a User who has made a reservation through the Internet tries to cancel after the expiration of the "time when a change can be made through the Internet" on the reservation details reference screen, the said User shall directly notify the relevant Posted Facility of such User's intention to cancel and promptly follow cancellation procedures.
- However, if User is not a Member and loses the reservation number necessary for confirming his/her own reservation details; or if an e-mail stating a reservation number and a confirmation key fails to reach such User due to any circumstances; or if confirming reservation details becomes difficult or impossible, such User shall request the Company to re-send an e-mail stating a reservation number and a confirmation key, and follow cancellation procedures promptly after receipt of such an e-mail.
- If a user fails to receive a reservation confirmation e-mail re-sent within the period designated by the Company due to any reasons, such User shall inquire the contact designated by the Company and follow cancellation procedures for the relevant Posted Facility.
- If the relevant Posted Facility suffers any damage as a result of User failing to take such procedures, such User shall be responsible for indemnifying such damage.
- If User cancels a reservation, a cancellation shall take effect at the time set forth in the following:
a. If a Member cancels a reservation by himself/herself through the Internet: at the time when reservation details are deleted from the "point and reservation status reference screen" on www.pegipegi.com;
b. If a non-Member cancels a reservation by himself/herself through the Internet: at the time when a notice of "reservation cancellation completed" is sent from www.pegipegi.com;
c. If a reservation is cancelled through Call Center: at the time when an operator of the Call Center notifies User of the completion of the reservation cancellation;
d. If User directly notifies the Posted Facility and cancels a reservation: at the time when the Posted Facility notifies the User of the acceptance of such reservation cancellation;
e. If cancelled in a manner otherwise: at the time when the Company notifies User of the completion of reservation cancellation in accordance with the designated manner.
- If it turns out that the relevant services cannot be used on the scheduled date of use of the Facility Services, User shall promptly notify the relevant Posted Facility of such, and follow the instruction of the relevant Posted Facility. If User is responsible for paying the cancellation charges to the relevant Posted Facility, such User shall pay the cancellation charge designated by the relevant Posted Facility in the designated manner and by the designated date.
- If User fails to appear on the scheduled date of use of the Facility Services without any prior notice, and fails to use the relevant Posted Facility, the Company and the Posted Facility shall deem such failure as cancellation without notice, and may take necessary measures (including legal measures) such as the suspension of the use of all the services relating to www.pegipegi.com including the Services or cancellation of membership. User must pay the cancellation charge designated by the relevant Posted Facility in the designated manner and by the designated date.
- If User changes a reservation that has taken effect, the said User may follow the procedures for such change on the Internet for a reservation made through the Internet, and via a reservation center for a reservation made through a Call Center. If User who has made a reservation through the Internet tries to change the reservation details after the expiration of the "time when a change can be made through the Internet" on the reservation details reference screen, such User shall directly notify the Posted Facility which the User reserved, and promptly follow procedures for changing the reservation details. User acknowledges that it is possible that he/she might not be able to make a reservation again after cancellation, depending on the status of vacant rooms on www.pegipegi.com.
- If User changes a reservation, the change shall be complete at the time set forth in the following:
a. If a Member changes a reservation by himself/herself through the Internet: at the time when the reservation details indicated on the "point and reservation status reference screen" on www.pegipegi.com are changed;
b. If a reservation is changed through the Call Center: at the time when an operator of the Call Center notifies User of the completion of the change of the reservation details;
c. If User directly notifies the Posted Facility of the change of a reservation: at the time when the relevant Posted Facility notifies the said User of the acceptance on the change of the reservation;
d. If cancelled in a manner otherwise: at the time when the Company notifies User of the confirmation of the change of the reservation in accordance with the designated manner.
e. Since a non-Member cannot make a change on the Internet, a non-Member shall cancel the relevant reservation and make the reservation again. User acknowledges that he/she might not be able to make a reservation again after making a cancellation, depending on the status of the remaining rooms on www.pegipegi.com.
- Cancellation charges designated by the relevant Posted Facility may be incurred depending on the date of following the procedures for changing a reservation taken effect. In this case, User must pay the cancellation charges in the manner and by the date designated by the relevant Posted Facility.
- Even if User does not desire cancellation of a reservation, if the Company judges the reservation details of the Facility Services by a User conflict with laws or ordinances, or reasonably judges them inappropriate, the relevant Posted Facility shall have a right to cancel the relevant reservation.
E. MATTERS TO BE COMPLIED BY USER
- Without the prior approval of the Company and the relevant Posted Facility, User shall not reproduce or transmit any information obtained by the use of www.pegipegi.com for any purpose other than for the purpose of the User's own private use, and shall not otherwise allow such information to be used by any third party in any way.
- If User intends to make a reservation at a Posted Facility which requires a reservation deposit, etc., the User shall pay the reservation deposit, etc., by the due date for payment designated by the Posted Facility; provided, however, that even if the User fails to pay the reservation deposit, etc., by the due date for payment designated by the Posted Facility, the reservation shall not be automatically cancelled.
- User agrees in advance that, if, in the circumstance set forth in the preceding paragraph, the User fails to pay the relevant reservation deposit, etc., despite the demand for payment of the reservation deposit, etc., made via e-mail, etc., to the contact address registered by the User, or the User cannot be contacted, then the Posted Facility shall have the right to determine that the reservation has been cancelled without notice; provided, however, that, the reservation shall be valid during the time that the Posted Facility has not notified the user of the cancellation of the reservation.
- User shall be responsible for directly performing the Usage Agreement with the Posted Facility, and shall make direct inquiries, requests, etc., to the Posted Facility regarding the Facility Services.
- In addition to the preceding four paragraphs, User shall fully understand and comply with the terms and conditions, rules, etc., separately determined by the Posted Facility.
- In using the Services, User shall not:
a. Transmit or enter any information, pretending to be a third party;
b. Use the Services other than in a manner approved by the Company;
c. Transmit or enter any harmful computer program, etc., or transmit any spam e-mail, chain letter, junk mail, etc.;
d. Commit any act that infringes or is likely infringe to any copyright or other intellectual property right of the Company or any third party;
e. Slander, libel or defame the Company, any Posted Facilities or any third party;
f. Disclose to others any information, document, diagram, etc., which includes any content against public order and morals;
g. Register, whether intentionally or unintentionally, any false or defective information regarding the name, or the personal address, telephone number or e-mail address, etc., of any person who is to use the Facility Services or of the User;
h. Fail to pay, for any reason, any reservation deposit, cancellation charge or Usage Charge invoiced by the relevant Posted Facility;
i. Commit any act of disturbance against any Posted Facility, the Company or any third party, such as any act of violence at the Posted Facility;
j. Make any reservation in a way that acknowledges the User's inability to use the Facility Services, such as reserving multiple Posted Facilities for the same date(s).
k. Make any reservation which is acknowledged as a reservation for resale to any other person or for commercial purposes; or
l. Commit any other act which is in breach of, or likely to be in breach of any applicable law or regulation.
- If any damage is incurred by the Company or any third party as a result of an act of User which is categorized as any one of the acts listed in the preceding paragraph, the User shall assume full legal liability and shall hold the Company or such party harmless for such damage.
- If the Company cancels any reservation for the Facility Services in accordance with Article 6, the relevant user shall pay a cancellation charge regarding the Posted Facility.
- if User has any complaint regarding the content of the Facility Services, the said User shall make such complaint to the relevant Posted Facility immediately on the spot.
- If User is a minor, the User shall make any reservation subject to the consent of the User's legal guardian. If User misrepresents that such User has the consent of his/her legal guardian or that such User is an adult, such act of making reservation may not be rescinded.
- If User breaches any of the matters to be complied with as set forth in the preceding Article, or the Company otherwise determines any act of User to be incompatible with the operation of the Services, the Company reserves the right to cause User to cease such act, and cancel the Usage Agreement between the User and the relevant Posted Facility, or delete the posted information, and may take necessary measures (including legal measures) against the User, such as the suspension of the use of all the services relating to www.pegipegi.com including the Services, the disqualification of the membership, or the demand for the payment of damages.
- If the Company presumes that a User is in breach of the matters to be complied with as set forth in the preceding Article, or the Company otherwise reasonably determines any act of the User to be incompatible with the operation of the Services, the Company may verify the details of such act with the User.
- By making a reservation with a hotel, the User accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to the User reservation or during his/her stay, including for services rendered and/or products offered by the hotel (the delivery terms and conditions of a hotel can be obtained with the relevant hotel). The general cancellation and no-show policy of each hotel is made available on www.pegipegi.com on the hotel information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making the reservation.
- If the User would like to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that the User may be charged for cancellation in accordance with the hotel’s cancellation and no-show policy. The Company recommend that the User read the cancellation and no-show policy of the hotel carefully prior to making his/her reservation.
G. PRIVACY PROTECTION
- The Company makes every effort to ensure that any materials or Price Rates displayed on this website www.pegipegi.com are accurate as at the date of issue. Changes in market conditions or circumstances may occur after the issue date which may make information displayed on this website no longer accurate or no longer reflect the current position.
- Notwithstanding the preceding provision, the Company hereby expressly disclaims any representation, warranty or undertaking in relation to the accuracy, completeness, quality or adequacy of any contents of this website.
- While the Company makes every effort to work with hotels which provide an acceptable standard of service and accommodation for the price paid, we hereby expressly disclaim any representation, warranty or undertaking in relation to the quality or adequacy of any hotel listed on our website.
- Subject to the limitations set out in these Rules and to the extent permitted by law, the Company shall only be liable for direct damages actually suffered, paid or incurred by the User due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
- However and to the extent permitted by law, neither the Company nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site www.pegipegi.com and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the hotel as made available on website www.pegipegi.com, (iii) the services rendered or the products offered by the hotel, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by the User, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the hotel (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
- Without the Company's prior approval, User may not use any content provided in www.pegipegi.com, beyond the scope of the User's private use as set forth in the Copyright Act.
- If there is any dispute as a result of a User's breach of any provision of this Article, the User shall be responsible for resolving the dispute at the User's own expense, and shall not cause damages to the Company or any third party.
J. CHANGE OF THE POSTED FACILITIES
- Posted Facilities may be changed (including additions of facilities and termination of participation; the same shall applies hereinafter) without prior notice to User, for the convenience of the Company or the Posted Facility, and the User agree to this in advance.
- If a Usage Agreement has been established between a User and a Posted Facility at the time of the termination of participation of the Posted Facility in accordance with the provision of the preceding paragraph, the Usage Agreement shall remain in force and the changes made to the Posted Facility shall not affect the Usage Agreement
K. TEMPORARY DISCONTINUANCE OF THE SERVICES
Where any of the following applies, the Company may temporarily discontinue the operation of www.pegipegi.com and the Services without any prior notice to the User:
a. www.pegipegi.com being maintained or changes are made to the specifications of www.pegipegi.com;
b. An act of God or any other state of emergency has occurred or is likely to occur, which makes the operation of www.pegipegi.com and the Services impossible; or
c. The Company determines that the temporary discontinuance of the Services on www.pegipegi.com is necessary for an unavoidable reason.
L. INDEMNIFICATION OF THE COMPANY
- The Company shall have no obligation to investigate the business conditions, etc., of the Posted Facility.
- The Company makes no warranty regarding the Facility Services, etc. Furthermore, any information regarding the Posted Facility, etc., that is directly registered on www.pegipegi.com by the Posted Facility, and the Company makes no warranty as to the accuracy, completeness, usefulness, etc., of such information. If there is any problem between the User and the Posted Facility regarding the Facility Services, etc., the Company shall not be liable except where such problem is due to a cause attributable to the Company.
- In the event of damages due to any loss, delay or erroneous transmission of information as a result of a natural disaster, congestion of lines, suspension of equipment owing to equipment failure or equipment maintenance, or the termination of the Posted Facility's participation, or due to any alteration or divulgence of information by a third party, or similar, the Company shall not be liable except where such damages are due to a cause attributable to the Company.
- In addition to each of the preceding paragraphs, the Company shall not be liable for any dispute arising between User and a Posted Facility regarding the Services, except where such dispute is due to a cause attributable to the Company.
- If the Company is held liable in accordance with the provisions of any of the preceding paragraphs, the Company's liability shall be limited to direct and general damages, except where the Company has acted intentionally or with gross negligence.
M. MODIFICATIONS TO THE RULES
- The Company may modify (including making additions or deletions; the same shall apply hereinafter) these Rules and the Warnings without any prior notice to the User. The User must make sure to check these Rules and the Warnings each time they use the Services.
- If a User uses the Services after any modification is made to these Rules and the Warnings, the Company shall be considered to have agreed to the modified Rules and the modified Warnings.
N. NO ASSIGNMENT OF RIGHTS OR OBLIGATIONS
- User may not assign to any third party or encumber its status as a User of the Services, or any rights and obligations arising from such status, except where such assignment or encumbrance has been approved by the Company in advance.
- If User breaches the preceding paragraph, the Company reserves the right to cancel the Usage Agreement between such User and the relevant Posted Facility and delete the posted information, and may take necessary measures (including legal measures) against such User, such as the suspension of the use of all the services relating to www.pegipegi.com including the Services, the disqualification of membership, or the demand for the payment of damages.
O. GOVERNING LAW AND JURISDICTION
These Rules shall be governed by the laws of Republic of Indonesia. All disputes regarding these Rules shall be resolved by the exclusive jurisdiction of the Jakarta Western District Court in Jakarta, Indonesia for the first instance.