In collaboration with Movenpick

PT SCUBASPA ZEN INDONESIA

T E R M S & C O N D I T I O N S

Latest update: 29 March 2020 

INTRODUCTION

The following terms and conditions (hereinafter referred to as the Terms and Conditions) constitute the basis of your contract with PT Scubaspa ZEN Indonesia (hereinafter referred to as Scubaspa ZEN Indonesia, Us or We), under which you book your Scubaspa’s cruise holiday. You are bound by these Terms and Conditions, so it is important you read them carefully. In accordance with the Terms and Conditions set forth below, Scubaspa shall provide the services stated in the booked holiday package at the related contracted rates.

TERMS AND CONDITIONS

YOUR CONTRACT WITH SCUBASPA ZEN INDONESIA

1.1.     By requesting a booking using our online booking form you (hereinafter also referred to as the Guest) offer to conclude a cruise holiday contract with Us. Given that your chosen holiday cruise is available and We have received your online booking request and all due payments, within 7 days We will send you the confirmation of your booking.  

1.2.     A legally binding contract between you and Scubaspa comes only into effect when We have received payment for the booking and confirmed the booking by e-mail. This confirmation will show your details and the balance due for your cruise holiday that still has to be paid. 

1.3.     When you make a payment towards your cruise holiday, you confirm that you have the authority from all Guests on your booking(s), to accept these Terms and Conditions on their behalf. Parents and/or legal guardians accept these Terms and Conditions on behalf of their children. 

PAYMENT

2.1.     Once you have made your booking not later than within 7 days We shall receive a 25% deposit to secure your booking. After this time if your deposit has not been paid your booking will be automatically cancelled

2.2.        Any outstanding balance must be made and cleared no later than 30 days prior to your arrival. However, depending on the proximity of the cruise, full deposit or final payment may be required sooner. Failure to settle payments on time, results in the automatic cancellation of the booking with no refund of the deposit. Please be aware that certain payment methods such as bank transfers can take a week to clear. It is your full responsibility to ensure that your payment is made with this in mind so as not to put your holiday booking at risk of cancellation.

SCUBASPA ZEN INDONESIA SELLING RATES

3.1          Unless stated otherwise, all Scubaspa’s rates indicated on Scubaspa’s official website are quoted in United States Dollars (USD) and are per person, based on two persons sharing a cabin/suite. Any holiday booked for children of any age is subject to full adult price.

3.2         The website rates apply to all types of holiday packages offered by Scubaspa, unless clearly stated otherwise and are exclusive of service charge and taxes. Your total fare is determined by the cruise holiday type, the season, suite/cabin type, the number of passengers in your cabin/suite, the amenities offered, port charges, government taxes and any applicable taxes and other fees. 

3.3         The website rates might change at any time, due to circumstances such as but not limited to currency fluctuations, local tax changes, increased cost, inflation etc. However, rate changes shall exclusively affect future bookings. The former rates shall apply to all bookings, which had already been confirmed by Scubaspa at the time of such rate changes.

4    SUPPLEMENTS & REDUCTION 

4.1.       A single cabin supplement of 25% applies:

a)  to single cabin bookings

b)  in the event that one of two guests, who booked a double cabin, cancels his/her reservation, or in case of no show.

4.2.      A single cabin supplement of 50 % applies during Christmas and New Year. 

a)  to single cabin bookings.

b)  in the event that one of two guests, who booked a double cabin, cancels his/her reservation, or in case of no show. 

4.3.      A supplement of 15% applies to the packages during Christmas and New Year.

4.4.      The third person in a triple cabin receives a 25% discount.

PAYMENT POLICY

5.1  Payments to Scubaspa ZEN Indonesia can be made via:

a)  Bank transfer

Account name:                       PT SCUBASPA ZEN INDONESIA

Bank name:                            BANK MAYBANK KCP SUDIRMAN

Bank address:                        Jl. Sudirman No. 8 Denpasar

USD Account No:                   2111000160

IDR Account No:                     2111000084

SWIFT (BIC CODE):                IBBKIDJA

b)  Credit card

PT Scubaspa ZEN Indonesia accepts Visa, Master Card, American Express, Union pay, and JCB. Additional service charges (e.g. bank transfer, credit card operator charges, etc.) will apply and be added to each payment made by you. All related bank charges are to be paid by the Operator.

5.2         DEPOSIT & BALANCE PAYMENTS

a)    The Operator shall pay a 25% deposit upon booking.

b)    Any outstanding balance is due no later than 30 days prior to the Clients arrival.

5.3         FAILURE OF PAYMENT

a)     Deposit payment: Failure to settle payments on time, in line with point 6.3 a), results in the automatic cancellation of the reservation.

b)     Balance payment: Failure to settle payments on time, in line with point 6.3 b), results in the automatic cancellation of the reservation with no refund of the deposit.

5.4         THE OPERATOR’S COMMISSION

The Operator has the right to deduct the full commission amount from the balance payment.

HOLIDAY PACKAGES & SCOPE OF SERVICE 

6.1       Nine types of holiday packages are available: 

a)    Komodo, Raja Ampat, and Forgotten Islands 10 Nights Scuba Holiday Package

b)    Komodo, Raja Ampat, and Forgotten Islands 10 Nights Spa Holiday Package

c)    Komodo, Raja Ampat, and Forgotten Islands 10 Nights Scuba and Spa Holiday Package

d)    Komodo, Raja Ampat, and Forgotten Islands 7 nights Scuba Holiday Package

e)    Komodo, Raja Ampat, and Forgotten Islands 7 Nights Spa Holiday Package

f)     Komodo, Raja Ampat, and Forgotten Islands 7 Nights Scuba and Spa Holiday Package

g)    Exploratory North Bali 3 nights Scuba Holiday Package 

h)    Exploratory North Bali 3 Nights Spa Holiday Package 

i)      Exploratory North Bali 3 Nights Scuba and Spa Package

6.2      Komodo, Raja Ampat, and the Forgotten Islands 10 Nights Scuba Holiday Package includes:

a)    Transfer from and to the airport

b)    Full board accommodation

c)    Welcome drink

d)    Unlimited drinking water

e)    Juices and selection of tea and coffee during breakfast time

f)     22 to 26 dives (tank and weight)

g)    Yoga classes every morning

h)    Snorkeling, equipment included

i)      BBQ on the beach

j)      Excursions

k)    1 GB mobile Wi-Fi

6.3       Komodo, Raja Ampat, and the Forgotten Islands 10 Nights Spa Holiday Package includes:

a)    Transfer from and to the airport

b)    Full board accommodation

c)    Welcome drink

d)    Unlimited drinking water

e)    Juices and selection of tea and coffee during breakfast time

f)     11 Spa treatments

g)    Yoga classes every morning

h)    Snorkeling, equipment included

i)      BBQ on the beach

j)      Excursions

k)    1 GB mobile Wi-fi

6.4       Komodo, Raja Ampat, and the Forgotten Islands 10 Nights Scuba and Spa Holiday Package includes:

a)    Transfer from and to the airport

b)    Full board accommodation

c)    Welcome drink

d)    Unlimited drinking water

e)    Juices and selection of tea and coffee during breakfast time

f)     10 dives (tank and weight)

g)    6 Spa treatments

h)    Yoga classes every morning

i)      Snorkeling, equipment included

j)      Excursions

k)    BBQ on the beach

l)      1 GB mobile Wi-fi

6.5       Komodo, Raja Ampat, and Forgotten Islands 7 Nights Scuba Holiday Package includes:

a) Transfer from and to the airport

b) Full board accommodation

c) Welcome drink

d) Unlimited drinking water

e) Juices and selection of tea and during breakfast time

f) 16-19 dives (tank and weight)

g) Yoga classes every morning

h) Snorkeling, equipment included

i) BBQ on the beach

j) Excursions

k) 1 GB mobile Wi-fi

6.6       Komodo, Raja Ampat, and Forgotten Islands 7 Nights Spa Holiday Package includes:

a) Transfer from and to the airport

b) Full board accommodation

c) Welcome drink

d) Unlimited drinking water

e) Juices and selection of tea and coffee during breakfast time

f) 8 Spa treatments

g) Yoga classes every morning

h) Snorkeling, equipment included

i) BBQ on the beach

j) Excursions

k) 1 GB mobile Wi-fi

6.7       Komodo, Raja Ampat, and Forgotten Islands 7 Nights Scuba and Spa Holiday Package includes:

a) Transfer from and to the airport

b) Full board accommodation

c) Welcome drink

d) Unlimited drinking water

e) Juices and selection of tea and coffee during breakfast time

f) 6 dives (tank and weight)

g) 4 Spa treatments

h) Yoga classes every morning

i) Snorkeling, equipment included

j) Excursions

k) BBQ on the beach

l) 1 GB mobile Wi-fi

6.8      Exploratory North Bali 3 Nights Scuba Holiday Package includes:

a) Transfer from and to the airport

b) Full board accommodation

c) Welcome drink

d) Unlimited drinking water

e) Juices and selection of tea and coffee during breakfast time

f) 5 to 7 dives (tank and weight)

g) Yoga classes every morning

h) Snorkeling, equipment included

i) BBQ on the beach

j) Excursions

k) 1 GB mobile Wi-fi

6.9       Exploratory North Bali 3 Nights Spa Holiday Package includes:

a) Transfer from and to the airport

b) Full board accommodation

c) Welcome drink

d) Unlimited drinking water

e) Juices and selection of tea and coffee during breakfast time

f) 4 Spa treatments

g) Yoga classes every morning

h) Snorkeling, equipment included

i) BBQ on the beach

j) Excursions

k) 1 GB mobile Wi-fi

6.10           Exploratory North Bali 3 Nights Scuba and Spa Holiday Package includes:

a) Transfer from and to the airport

b) Full board accommodation

c) Welcome drink

d) Unlimited drinking water

e) Juices and selection of tea and coffee during breakfast time

f) 3 dives (tank and weight)

g) 2 Spa treatments

h) Yoga classes every morning

i) Snorkeling, equipment included

j) Excursions

k) BBQ on the beach

l) 1 GB mobile Wi-fi

7. DETAILS OF CRUISES

7.1.       CHECK IN/OUT TIME

a)    10 nights cruises for Komodo, Raja Ampat, and Forgotten Islands are based on the schedule.

b)    7 nights cruises during Komodo, Raja Ampat, and Forgotten Islands expedition season are based on the schedule.

c)      3 nights cruising for exploratory North Bali expedition are based on the schedule

d)    For 10 nights cruises Check in time would be based on the guest arrival flight (noon time) and pick up arrangement from previous stay could be arrange between 9-12 AM on arrival day. Check out time is at 8.45 AM on the departure day.

e)    For 7 nights cruises Check in time would be based on the guest arrival flight (noon time) and pick up arrangement from previous stay could be arrange between 9-12 AM on arrival day. Check-out time is at 8:45 AM on departure day.

f)     For 3 nights cruises Check in time would be based on the guest arrival flight (noon time) and pick up arrangement from previous stay could be arrange between 9-12 AM on arrival day. Check-out time is at 8:45 AM on the departure day.

7.2.      LENGTH OF STAY

a)    The length of service/cruise is 10 nights for 10 nights cruises

b)    The length of service/cruise is 7 nights for 7 nights cruises

c)    The length of service/cruise is 3 nights for 3 cruises

8. TRANSFERS

8.1.      For 10 nights cruises the rates are include only transfer from Labuan Bajo’ Airport (during Komodo season), Pattimura’ Airport (Ambon, for Forgotten Island expedition), Fransiskus Xaverius Seda’ Airport (Maumere, Forgotten Island expedition), Mathilda Batlayeri’ Airport (Saumlaki, for Forgotten Island expedition) or Domine Eduard Osok’ Airport (Sorong) to Scubaspa ZEN Indonesia vessel and from Scubaspa ZEN Indonesia to Labuan Bajo’ Airport (during Komodo season), Pattimura’ Airport (Ambon, for Forgotten Island expedition), Fransiskus Xaverius Seda’ Airport (Maumere, Forgotten Island expedition), Mathilda Batlayeri’ Airport (Saumlaki, for Forgotten Island expedition) or Domine Eduard Osok’ Airport (Sorong) on arrival and departure days.

8.2.     For 7 nights cruises the rates include only transfers from Labuan Bajo’ Airport (during Komodo season), Pattimura’ Airport (Ambon, for Forgotten Island expedition) or Domine Eduard Osok’ Airport (during Raja Ampat season) to Scubaspa ZEN Indonesia vessel and from Scubaspa ZEN Indonesia vessel to Komodo’ Airport (during Komodo season), Pattimura’ Airport (Ambon, for Forgotten Island expedition) or Domine Eduard Osok’ Airport (during Raja Ampat season) on arrival and departure days.

8.3.     For 3 nights cruises the rates include only transfers from I Gusti Ngurah Rai’ Airport (Denpasar, Bali) or Juanda International’ Airport (Surabaya) to Scubaspa ZEN Indonesia vessel and from Scubaspa ZEN Indonesia vessel to I Gusti Ngurah Rai’ Airport (Denpasar) or Juanda International’ Airport (Surabaya) on arrival and departure days.

8.4.     In other cases (different day of arrival or departure) transfers must be booked in advance and paid additionally in total by the Guest.

9. BOOKING PROCEDURES

9.1.      Bookings must be done in writing to office@scubaspa-indonesia.com and shall become valid only with the written confirmation of Scubaspa ZEN Indonesia. The Operator shall not confirm any booking to its Client without the written confirmation from Scubaspa ZEN Indonesia. Scubaspa ZEN Indonesia shall confirm the booking to the Operator not later than within 48h.

9.2.     Scubaspa ZEN Indonesia shall provide the Operator with a unique booking number for each confirmed booking.

9.3.     The following information must be provided by the Operator at the time of booking:

a)     First & last name of each Guest

b)     Guests nationalities

c)     Tour dates

d)     Cabin category

e)     Chosen package(s)

9.4.     The following information must be provided by the Operator latest one week before the Guests arrival:

a)       Passport numbers of all Guests

b)       Guests dates of birth

c)       Diving certification level and number of logged dives for packages with diving

d)       Flight details

e)       Rental equipment for diving with details size.

10. CANCELLATION & AMENDMENTS

10.1.    Cancellations by the Operator

Cancellations need to be made in writing to office@scubaspa-indonesia.com and Scubaspa ZEN Indonesia shall send a confirmation mail within 48 hours.

The following cancellation fees/additional charges apply:

a)    The full amount is payable for early departures, no-shows and cancellations received by Scubaspa ZEN Indonesia between 0 to 29 days before the booked arrival date. No refund will be given.

b)    If the full amount was paid before, 50% of the total amount is payable for cancellations received by Scubaspa ZEN Indonesia 30 to 59 days before the booked arrival date. Scubaspa ZEN Indonesia shall reimburse any balance already paid within 14 days but reserves the right to deduct all related bank charges from the refund.

c)    25% of the total amount is payable for cancellations received by Scubaspa ZEN Indonesia 60 days or more before the booked arrival date. Scubaspa ZEN Indonesia shall reimburse any balance already paid within 14 days but reserves the right to deduct all related bank charges from the refund.

d)    In the event that one of two Guests, who booked a double cabin, cancels his/her reservation the single cabin supplement of 25% applies to the booking of the remaining Guest. All cancellation fees described in points a, b and c of this paragraph apply to the guest whose reservation is cancelled.

10.2    Cancellations by Scubaspa ZEN Indonesia

a)  Scubaspa ZEN Indonesia reserves the right to cancel tours before departure for any reason whatsoever, include logistical problems such as strikes, wars, force majeure, safety risks or any other circumstances, which make a trip inadvisable.

b)  All related payments received from the Operator shall be promptly and fully refunded by Scubaspa ZEN Indonesia and this refund will be the limit of Scubaspa ZEN Indonesia’s liability.

c)  If Scubaspa ZEN Indonesia received payment via credit card, refunds (if any) will be made to that credit card account.

d)  Scubaspa ZEN Indonesia shall not be held responsible for any expenses incurred by the Client in preparation (related to) the booked tour, including but not limited to non-refundable airline tickets or cancellation fees, any costs of transportation, accommodation, meals, special clothing or equipment, visa or passport fees.

10.3    Early departures

a)  In the event of an early departure, Scubaspa ZEN Indonesia shall assist the Client in organizing a transfer to the nearest airport or another designated location during each season. All third-party charges are at the Clients expense and Scubaspa ZEN Indonesia reserves the right to charge a handling fee.

b)  If the transfer is conducted with a Scubaspa ZEN Indonesia vessel, Scubaspa ZEN Indonesia shall charge a return transfer fee to the Client.

10.4    Amendments

10.4.1       Booking amendments

Booking amendments by either Party needs to be done in writing. E-mails are an accepted medium. The receiving Party shall confirm reception of this mail within 48 hours.

It is at the discretion of Scubaspa ZEN Indonesia to accept or deny amendment requests. The Operator understands and accepts that amendments may cause additional charges.

10.4.2       Other amendments

Scubaspa ZEN Indonesia reserves the right at any time and without prior notice, to change tour dates, itineraries, accommodations and to substitute the cruise vessel if circumstances require such changes and/or if deemed necessary and appropriate.

Reasons such as but not limited to bad weather and sea conditions, lack of supply availability in the market, government intervention, civil unrest, sudden illness of a key staff member such as the captain, force majeure are deemed as reasons beyond the control of Scubaspa ZEN Indonesia. In such circumstances Scubaspa ZEN Indonesia shall not be liable for refunds or compensation in any shape or form.

In the event that a guest cannot be accommodated onboard due to circumstances, which are directly related to Scubaspa ZEN Indonesia, such as technical problems with the vessel, double bookings and/or lack of supply due to bad management, Scubaspa ZEN Indonesia shall accommodate the Guest in another adequate establishment at no additional expense to the Guest.

11. LUGGAGE AND PROHIBITED ITEMS

11.1    Luggage for Scubaspa ZEN Indonesia’s Guests must be handled pursuant to regulations and tariffs of airlines, appropriate government security requirements and ground operators. Each adult guest is permitted to carry onboard the vessel the personal belongings reasonably necessary for the cruise, including suitcases, trunks, valises, satchels, bags containing clothing, toiletries and similar items, however, Scubaspa ZEN Indonesia strongly suggest the guests to pack their belongings in soft bags rather than hard covered, bulky valises, in order to avoid storage issues onboard.

11.2    In no event shall any Guest bring on board the vessel, any illegal controlled substances, drugs, fireworks, weapons, firearms, explosives or other arduous materials and/or items that are prohibited by applicable law. Scubaspa ZEN Indonesia may deny boarding or disembark any guest in possession of any such items, at the Guest’s own expense with no compensation or the refund to be paid by Scubaspa ZEN Indonesia.

11.3    To the limits provided by an applicable law Scubaspa ZEN Indonesia assume no responsibility for any loss of or damage to the Guests’ personal belongings (including but not limited to the luggage, medicines, valuables, financial means, electronic equipment and/or similar). All valuable items should be stored in a mini-safe located in each suite or deposited at the Captain.

12. SMOKING

Smoking on the vessel (in particular inside of the suites) is strictly prohibited and only allowed in the designated exterior open deck area. Any violation of this non-smoking rule may result in a USD 250 cleaning fee to be charged on the guest’s account notwithstanding the Scubaspa ZEN Indonesia’s right to disembark such guest with no compensation or the refund to be paid by Scubaspa ZEN Indonesia for this reason.  

13.ALCOHOL

Guests are prohibited from bringing their own alcoholic beverages onboard or to take off board any alcoholic beverages purchased onboard. Scubaspa ZEN Indonesia reserves the right to confiscate any alcohol that was not purchased onboard. Scubaspa ZEN Indonesia is committed to the responsible service of alcohol during the cruise. Guests must be 18 years or over to purchase or consume alcohol onboard. Scubaspa ZEN Indonesia reserves the right to refuse the sale of such beverages to any intoxicated or underage Guest.

14.RIGHTS OF THE CAPTAIN / CREW

All Guests must follow all safety instructions issued by the Captain, Cruise Managers or the members of the vessel’s crew. If a Guest seriously affects the safety or enjoyment of any person on board, the Captain and/or the Cruise Managers have the right to confine, discipline or disembark the Guest. In such cases Scubaspa ZEN Indonesia is not responsible for any expenses that may cause. In case of disembarkation no compensation or the refund will be paid by Scubaspa ZEN Indonesia.

15. SAFETY & SECURITY

Should the Guest become aware of anyone being injured or of unsafe or any possibly illegal, suspicious or inappropriate behavior during the cruise, it is very important to immediately report this to the Captain or the vessel's crew.

16.MEDICATION AND HEALTH CONSIDERATION

16.1  Each vessel has available on board a first aid trained staff only, therefore, the Guests should be aware that any medical assistance while at sea or in port is extremely limited or not available. In the event of illness or accident Guests may have to be landed ashore for a proper medical treatment. Guests must ensure that they bring an adequate supply of any medication they require for the entire duration of the cruise.

16.2  Guests are required to advise Scubaspa ZEN Indonesia in writing, at or prior to the time a cruise, of any physical, emotional or mental condition which may require attention during the cruise. Failure to do so may release Scubaspa ZEN Indonesia from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. Guests should be aware that due to the nature of the cruises offered we are not prepared for any Guests with serious health issues. If a Guest has a condition that in Scubaspa ZEN Indonesia’s opinion may seriously affect the enjoyment, health or safety of themselves or any other person on board, we can refuse to accept such person on board. Additionally, we may ask the Guests, in particular with respect to the diving activities and Spa treatments, to complete a health questionnaire.

16.3  Scubaspa ZEN Indonesia cannot accept women who will have entered their 24th week of pregnancy at the beginning of, or at any time during the cruise and may request prior to the cruise for a supporting medical evidence of this fact.

17. MINIMUM DIVE EXPERIENCE

17.1    Only Guests who hold a PADI Advanced Open Water license or an internationally recognized equivalent, may book any of Scubaspa ZEN Indonesia’s holiday packages, which include scuba diving.

17.2   At the time of boarding the vessel, all diving Guests are required to show proof of their diving license, logbook, an appropriate medical diving insurance and medical statement/certificate, assuring that they are fit for diving. All divers will be asked to complete a liability release waiver prior to diving.

18. TRAVEL INSURANCE

Scubaspa ZEN Indonesia strongly recommends that all Guests purchase comprehensive international travel insurance that includes also medical treatment and baggage protection, as well as the costs of cancellation or interruption of the cruise, airfare costs and/or other expenses. Dive insurance for divers is a must. Divers without dive insurance will have to purchase such onboard.

19. TRAVEL DOCUMENTS

Passports, visas, vaccinations and other travel documentation are the sole Guest’s responsibility.

20. OTHER SERVICES / EXCURSIONS

Depending on the availability, guests may choose to book other services / excursions with Scubaspa ZEN Indonesia that may be provided by a third-party service providers. Any arrangements made with such other service providers by or for the Guest are at the guest’s sole responsibility and risk.

21. OTHER SPECIAL REQUESTS

Any special requests while on board (including special dietary requirements) should be given in details to the Captain or the Cruise Managers. Special requests cannot be guaranteed however, every effort will be made to comply.

22. APPAREL

22.1   Recommended onboard clothing is a holiday casual. Scubaspa ZEN Indonesia  requests any kind of shoes not to be worn while onboard.

22.2  For lounging at the sun decks use of proper sun care cosmetics and sunglasses is advisable. 

23. ONBOARD CURRENCY

The currency used on board bar/restaurant/facilities at Scubaspa ZEN Indonesia’s cruises vessels is Indonesian Rupiah. Alternatively, also Master Card and Visa credit cards are accepted on board. Additional fees may apply to such payments.

24.ELECTRICITY

The on-board voltage is 220V/230 with International power outlets that can be fit to all type of electronic plug.

25.ENVIRONMENT

Trash must be properly disposed of in containers provided throughout the vessel or in wastebaskets provided in cabins/suites. Trash or other foreign objects must never be flushed down a toilet and guests are not permitted to throw any item overboard. 

26.THE WEATHER

Guests must be aware that we are cruising in a tropical environment, where heavy rainfalls and strong winds may occur.

27.TOUR PLAN & CHANGES

Guests must be aware that introducing the changes to the tour plan may become necessary for a variety of reasons such as weather and sea conditions, guest emergencies, unexpected mechanical or technical issues, etc. Scubaspa ZEN Indonesia shall not be obliged to pay any refund or compensation in respect of any changes to the proposed tour plan which result from the above-mentioned circumstances or remaining outside of Scubaspa ZEN Indonesia’s control

28.RESPONSIBILITIES

28.1  Guests are solely responsible for any and all damage and/or loss caused by their violation of these terms and conditions.

 28.2  All costs associated with the repair of damage to any part of the vessel, caused by a minor, will be the responsibility of the parent/guardian.

28.3   Should a cabin/suite be damaged and unfit for use due to the nature of the damage caused, the loss of booking revenue will be charged against the parent/guardian as an additional cost and will be based on two people sharing for a minimum of one tour.

29. General Rules for Flying a Drone in Indonesia

Based on our research and interpretation of the laws, here are the most important rules to know for flying a drone in Indonesia.

a)         Drones may not fly above 150 meters (492 feet) without permission.

b)         Drones may not weigh more than 7 kilograms (15.4 pounds).

c)         Drones may not be flown within 15 kilometers (9.32 miles) of any airport.

d)         Drones may not be flown over crowds or highly populated areas.

e)         Drones may not be flown at night.

f)          Drones may not be flown from any moving vehicle.

g)         Drone pilots must maintain a direct line of visual sight while flying.

h)         Penalties for non-compliance with these regulations are stiff, and include jail time and possible fines of up to 66,000 Euros. 

Forbidden Areas:
There are certain areas where you can’t operate your drone without permission from the Director General of Air Transportation (DGTA).
• Prohibited Areas – Areas that are entirely closed for aviation activities of any kind (usually government offices, police stations or military bases)
• Restricted Areas – Areas that may be open for civil aviation but restricted for government use
• Areas close to airports in order to secure flight safety.
• Controlled airspace where control services for air traffic is provided
• Airspace 150 meter above ground level that is not controlled

Komodo National Park 

Every use of drones must be reported to the Balai TN Komodo and therefore must obtain a permit from them before use. We must send an application letter mentioning the location, the name of the guest using the drone and for how long it will be used. The price for using a drone inside the Park is approximately 1,000,000 IDR per expedition. The use of drones is forbidden in some areas such as Kalong island.

30. GOVERNING LAW 

This Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Indonesia.

31. JURISDICTION

All disputes arising from or in connection with this Contract which cannot be settled amicably shall be referred for resolution to the materially competent common court having jurisdiction over the Scubaspa ZEN Indonesia’s registered office.

32. FORCE MAJEURE

The obligations in this Contract shall be rendered invalid in all circumstances of force majeure such as act of god, civil unrest, war and war like conditions, strikes, natural catastrophes, perils of the sea, fire, thefts, epidemics, acts of terrorism, government ordered measures of closure and restraint that jeopardizes the ability of either Party to perform its duties. Under any conditions of force majeure Scubaspa ZEN Indonesia shall hold any direct liability to the Operator for failure to operate.

 

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