By using the website www.luxurybalitours.com (collectively “the Site” or “the Website”) you agree to the terms and conditions set out herein.

This agreement is between you and Luxury Bali Tours Ltd., Company Reg. No. 07088370 (England).

On the Website and in these booking conditions Luxury Bali Tours and entities that are related to or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the “Company”, “Luxury Bali Tours”, “we”, “our” or “us” and a person taking advantage of the services offered by Luxury Bali Tours, all other persons (if any) included with that person in the booking are included in the expression “you”, “your”, a “client” or “passenger”.

Luxury Bali Tours sells bookings, ticketing and other ancillary services of and for travel, accommodation and other leisure activities (“Arrangements”).Luxury Bali Tours is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities described on this website (“Packages”).Luxury Bali Tours acts as your agent in making the Arrangements with third party suppliers who provide Travel Products as principals (“Suppliers”).Luxury Bali Tours is not the agent of any such principal. You will also be subject to the terms and conditions of any third party suppliers in addition to these terms and conditions.

USER AGREEMENT

This agreement is between you andLuxury Bali Tours. By visiting and/or using the Website you agree to be bound by the terms of this agreement (“agreement”). We may modify our terms and conditions without notice at any time where such amendment does not substantially effect your rights and obligations. If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur. By using our site to search for and/or book the products and/or services offered, you are indicating:

• that you have read this User Agreement; and
• your acceptance of this User Agreement.

CAPACITY

By making a purchase through the Website you warrant that you are over 18 and that you have the legal right and ability to enter into a legally binding agreement with us. No persons under the age of eighteen (18) are permitted to use the Website or to sign up as a member of the website.

WEBSITE CHANGES

We reserve the right to change, alter, vary or amend the Website at any time.

DISCLAIMER

For orders on Luxury Bali Tours, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where applicable) and all other price components (including relevant taxes and charges, except banking fees).

USE OF WEBSITE BY YOU

• You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
• You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
• You agree not to or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
• You agree not to use, copy, distribute or commercialize content except as permitted by this agreement, by law or with our prior written consent.
• You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
• We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a package, we will email you a copy of any confirmation prior to canceling the registration. In the event of cancellation of registration, our decision is final and binding.

INFORMATION ON THIS WEBSITE

Information about offers on the Website may be based on material provided by third party businesses (“merchants”). We do our best to verify the information provided to us by merchants but we cannot guarantee its accuracy on all occasions.

• You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.
• You agree to make your own inquiries to verify the information provided and to assess the suitability of products before you purchase.
• All imagery and video on the Website are for representational purposes only.

ORDERS

Purchases made by you to purchase a travel offer are made under the specific terms and conditions in this agreement, together with any merchant-specific terms and conditions listed under the “Fine Print” of the offer, together with any specific terms and conditions of the merchant. Promotion of offers on the site does not constitute a legally binding offer, but rather, are an invitation to treat.

We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received. Once placed, you cannot cancel your order except as set out in this agreement.

PRICE

The prices of offers include all taxes and charges (excluding bank charges), including GST (where applicable) except where stated otherwise. Prices of products and services are current at the time of display however are subject to change.

Full payment must be made by the customer at the latest 60 days prior departure to secure reservations.

PAYMENT

All payments must be received in full prior to a confirmation being issued. If your payment is not received or declined by your bank or credit card issuer, we cannot ‘hold’ packages on your behalf.

TRAVEL AGREEMENTS AND TRAVEL PRODUCTS

Booking of travel arrangements and payment for travel products (which can include both land and passage components) shall be considered proof that you have read our booking conditions that you accept them without reservation as constituting the entire agreement between you and the Company which can only be varied by an officer of the Company in writing.

All travel products arranged by the Company are provided by Suppliers believed by the Company to be reputable and to operate in accordance with the standards set down by their own local authorities. Those travel products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and the Company accepts no responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those travel products is against those Suppliers and not against the Company.

ACCESSIBILITY OF BOOKING CONFIRMATION

Your travel booking confirmation will be sent via email to the address you have provided. You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a booking confirmation.

BOOKING CONFIRMATION

The Booking Confirmation you purchase is redeemable for the specified offer from the relevant supplier(s). The relevant supplier(s), not luxury Bali Tours, is the seller of the product and is solely responsible for honouring the package you purchase. Whilst we try (as much as possible) to ensure that we only promote those merchants who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.

Booking confirmations cannot be exchanged or redeemed for cash. Unless specifically stated otherwise, packages cannot be combined with any other gift certificates, packages or promotions. Not valid in conjunction with any other offer or on existing reservations. Any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.

We are not responsible for lost or stolen booking confirmations or fraudulent use of the booking confirmation’s unique reference number.

CHANGE OF DATE

You are permitted to make one (1) change to the date of your booking provided that such change is made no less than 120 days prior to the commencement of your original booking date and provided you choose dates which are of an equal value and are available on the Website. Any change to your booking date must be requested via email and is strictly subject to availability. Note this Change of Booking Date option does not apply to all packages. No refund will be given if you are not able to change your booking date as a result of alternate dates not being available or the Change of Date option not being available for your booking. In order to check whether your package is eligible for a Change of Date, please request this information via email: go@luxurybalitours.com

PURCHASE EXPIRY AND EXTENSION

The booking confirmation will expire on the date indicated on the travel booking confirmation. Expired purchases are non-refundable in whole or part. Once expired, purchases are no longer valid and will not be honoured by the merchant.

In the event that a booking specifies a ‘book by’ date, all bookings must be made with the supplier prior to that date.

MERCHANT TERMS & CONDITIONS

Any Terms and Conditions of the supplier will always apply in addition to any specific terms of the offer stated by Luxury Bali Tours. For example, if a merchant is not open on certain days, the package will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a package on account of the merchant’s usual terms and conditions.

CONSECUTIVE DAYS

Unless the offer specifically provides otherwise, offers must be used over one continuous period and packages cannot be split. For example, if a package entitles you to four nights at a resort, those four nights must be used consecutively – you cannot use two nights over one period, and then two nights over another.

CHANGES IN PRICE AND ITINERARIES

Prices are in American dollars (except where stated otherwise) are correct at the time of printing and are subject to change without notice. The price that is applicable at any time is that which is quoted at that time by the Company’s computer-based system. Some prices can only be guaranteed at the time the booking is made and may differ from that quoted as it is based on the “best available rate of the day from the supplier”.

Government taxes and charges imposed by Suppliers or third parties, including taxes or ticketing fees are subject to change. If any increase in such taxes or charges or any currency fluctuation increases the price of your booking, the Company reserves the right to adjust your price by including additional charges, together with any applicable service fee and GST, at any time prior to ours issuing your travel documentation following receipt of the balance of your price.

We will notify you of schedule or price changes made by suppliers for any reason beyond our control. If the change or changes result in your travel arrangements costing more, or otherwise being materially different from those prior to the change or changes being effected (and in respect of which we have already accepted your full payment) you may rearrange them or withdraw and monies already paid will be refunded less any charges levied by Suppliers. Any quote given is an estimate only of price and is subject to written confirmation when accepted by a passenger within five (3-5) days of the quote being given. The Company reserves the right to correct any errors in amounts quoted, calculated or billed in respect of a booking, even if full payment has been made.

PRICE AND INVOICE ERRORS

The Company endeavors to ensure that all prices listed on the Website are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, the Company reserves the right, up to and including the date of check-in, to adjust any fees, charges or prices as necessary, even if the travel products acquired have been paid for in full, to reflect such cost increases passed onto the Company.

The Company reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the travel products acquired have been paid for in full.

REFUNDS

Luxury Bali Tours will provide a refund where:

• We are required by law to do so; or
• Prior to the redemption of the offer and during the validity period (as provided in the fine print of the offer) the provider of the offer ceases trading or ceases to provide the accommodation outlined in the offer.

Cancellations must be made by the Client in writing to Luxury Bali Tours prior to the tour departure to be confirmed as canceled. Cancellations within the balance payment period (60-0 days prior to departure) are as follows:

Up to 60 days 90% of tour fee is forfeited
59-29 days 95% of tour fee is forfeited
30-0 days 100% of tour fee is forfeited

Designing fee for an itinerary: non-refundable

For the bookings modified with an amended fee (modified less than 60 days to original departure date), no refund would be possible at any stage in case of a cancellation of the booking.

CIRCUMSTANCES THAT DO NOT QUALIFY FOR REFUNDS

For the avoidance of doubt, the following are circumstances that DO NOT qualify for refunds:

• where you have failed to read the Specific Terms and Conditions of the offer (located under ‘The Fine Print’ section on our Website on the day of the offer), and the General Terms and Conditions; or
• if you change your mind (except where such change of mind and request is within the required cancellation periods outlined in this policy);
• if you purchase a “Buy Now Book Later” option and are unable to obtain your preferred dates after the required cancellation period outlined in this policy; or
• if the merchant on behalf of whom we are advertising the offer does not honor the terms of the offer because you have failed to present a booking confirmation on redemption; or
• if you cannot redeem the offer prior to the end of the redemption period due to travel commitments; or
• if you cancel a scheduled booking such that the cancellation voids the package in accordance with the merchant’s cancellation policy
• if the Deal experience did not meet your general expectations (for whatever reason);
• if you have had a dispute with the business on behalf of whom we are advertising the offer; or
• if the Business does not have availability to redeem your package because you have not attempted to make a booking within a reasonable period of time (as determined by Luxury Bali Tours) from the expiry date.

SUBMITTING A REQUEST FOR A REFUND

A request for a refund must be submitted via the form located on the Contact Us page of the Luxury Bali Tours Website. All Members requesting a refund will be required to provide full particulars as to why they are seeking a refund in accordance with this policy.

LUXURY BALI TOURS WILL VERIFY

Luxury Bali Tours will verify the validity and veracity of some or all of the particulars of a request for refund by consulting with the relevant merchant responsible for fulfilling the offer. Luxury Bali Tours may also ask you (by phone or email) to provide additional information in relation to the refund request.

LUXURY BALI TOURS MAY REFUSE REQUEST

In circumstances where we believe that a request for a refund does not fall within the scope of this Policy, is misleading, incorrect and/or deceptive or is otherwise invalid, Luxury Bali Tours may, in its absolute discretion, refuse a refund request. Luxury Bali Tours is under no obligation to provide you with reasons as to why your request has been refused. Please note, any fraudulent refund requests will be immediately referred to the relevant authorities.

WHAT IS NOT INCLUDED IN LUXURY BALI TOURS PRODUCTS

Flights, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour directors, items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. The Company is not liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold the Company responsible for any such things.

INSURANCE

You should immediately after purchasing any travel product arrange your own insurance. The Company recommends travel insurance against loss of deposits through cancellation charges, baggage loss, medical expenses, and theft. The Company makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold the Company responsible for any decision made by insurers, and/or by any suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.

PASSPORTS, VISA, VACCINATIONS, AND BAGGAGE

A visa does not guarantee you entry to a country or permission to remain in it. Some countries may refuse entry because of your health, condition, or other circumstances or for other reasons, or may detain, expel or repatriate you. It is your responsibility to find out about applicable entry and other requirements of overseas countries you are intending to visit. These things are not our responsibility.

It shall be your responsibility to be aware of the safety, local conditions and issues that may exist at your travel destination. We recommend that you contact the Department of Foreign Affairs and Trade (DFAT) or visit their website www.smartraveller.gov.au for current travel advice. Luxury Bali Tours accepts no liability in this regard.

You should check with the embassies or consulates or other authorities of the countries in which you intend to travel for any health, entry or visa requirements that are applicable and you should make the appropriate disclosures as required. A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it.

The Company and/or its servants and agents accept no responsibility if you are refused entry into the country/countries of your destination. The Company and/or its servants and agents are not liable for any expenses, costs liabilities or loss incurred in relation to such matters. You agree to not hold the Company including its servants and agents responsible for any such thing. The Company/and or its servants and agents are not responsible for any disclosures of a health condition made by other suppliers who provide services on the holiday or for the acts of any governmental instrumentalities of the countries connected to your holiday. You are responsible for all visas, entry, health and other requirements and any documents required by laws, regulations, orders and/or requirements of countries visited. The Company and/or its servants and agents are not responsible for passport and visa requirements or for any loss you sustain for failing to comply with laws, regulations, orders and/or requirements of countries visited.

PRICING, VALUE, AND SAVINGS

We calculate the percentage off in our deals based on the ‘rack rate’ of the room and the inclusions at the time the deal is live for the validity period of the deal (that’s hotel-speak for ‘Recommended Retail Price’). Hotels may change accommodation charges depending on peak seasons, low seasons and events so we use the rack rate which is consistent through the year and 100% verifiable. The value and comparative savings have been determined based on the resort’s published rack rates and the value of inclusions. Please be advised that rack rates may not be reflective of actual rates being charged, dependent on the timing and manner of your booking and therefore are only indicative of the level of saving.

LIABILITY

All information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated. You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.

In the absence of its own negligence neither the Company nor any agent or affiliate shall be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Neither the Company nor any agent or affiliate is responsible for any criminal conduct by any third parties.

All bookings agreed to be made by the Company with the provider of any transport or other services are subject to the terms and conditions imposed on such suppliers in relation to matters that may not be expressly the subject of our agreement with them and, in particular, to the applicable laws, requirements and policies of any government, governmental authority or employee including, visa, entry, exit or transit.

The Company does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers. Neither the Company, nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise) of any governmental authorities, their officers, or employees or of any employees, or agents of airlines, air carriers, coach operators, other land carriers, shipping companies or operators, cruise or ferry operators, any other transport providers, hoteliers or other accommodation providers, any other facilities providers, tour directors, tour guides, travel agents, or the providers to you of meals, other goods or other services on your holiday or in relation to it and over whom the Company, its agents or affiliates have no direct control.

Neither the Company nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery.

Neither the Company nor any agent or affiliate accepts any liability or responsibility for any terms, conditions or requirements of any third party who provides some service in the course of your holiday. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.

Neither the Company nor any agent accepts any responsibility or liability for your acts, omissions, defaults, conduct, and state of health, condition or circumstances. Every effort is made to ensure website accuracy at all times. However, the Company cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.

LIMITATIONS OF LIABILITY

The Company arranges your holiday, which will be provided by other suppliers. The Company sells holidays in Australia and internationally that are arranged by the Company or by entities related to or affiliated with it. The Company provides you and other passengers with bookings, arrangements, ticketing and other ancillary and related services.

The Company does not itself provide the transport, accommodation, meals or other facilities described on this website that you may receive on your holiday, all of which are provided by air and land carriers, cruise operators, hoteliers or suppliers of other services as principals.

The Company bears no responsibility as an intermediary and cannot be held responsible in case of damage caused to you by any of our suppliers, caused by you to our suppliers. You, therefore, commit to indemnify and hold harmless the Company against all damages or claims made by you. The above provisions do not apply to benefit the Company if the cause of the loss or claim against the Company arises directly as a result of a breach of any of these terms by the Company.

INDEMNITY

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

LINKS TO THIRD PARTY WEBSITES

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.

The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

STANDARD OF SERVICE

The standard of service in your holiday is based on various factors and neither the company nor its servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided.

COMPLAINTS OR PROBLEMS

We endeavour to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the supplier (such as the hotel, tour operator or airline).

If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the service provider to resolve it) directly to the Company within 30 days of return.

We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant. If you wish to make a complaint in respect of a merchant, you must email that complaint to go@luxurybalitours.com 

Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refund Policy.

INTELLECTUAL PROPERTY

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

CHANGE OF CONTROL

Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

COMMUNICATION BY US

As a condition of registering for Luxury Bali Tours, you consent to us sending you Administrative Emails and Promotional Emails. In this document:

• ‘Administrative Emails’ involve details of account activity and purchases you have made
• ‘Promotional Emails’ consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy

LUXURY BALI TOURS CREDIT

• Users (referred to as ‘Referrers’) are able to earn Luxury Bali Tours Credits (referred to as ‘Credits’) if they refer users who register with us (referred to as ‘Referees’) and those Referees purchase Luxury Bali Tours offers.
• Currently, Referrers are able to accumulate Credits by referring other people to Luxury Bali Tours.
• We reserve the right to alter the value of Credits to Referrers and the duration of credit at any time.
• If a Referee closes their Luxury Bali Tours account (or is removed by Luxury Bali Tours), the Referrer will no longer accumulate Credits.
• If your registration on our Website is cancelled or terminated by us in accordance with these Terms and Conditions, any accrued Credits will be forfeited.
• You may apply Credits to the purchase price of an offer. For example, if you have $200 Credits and wish to purchase a package which costs $500, you would also need to spend $300 on your credit card along with $200 Credits to purchase the deal.
• We reserve the right to alter the amount and ratio of Credits we grant at our absolute discretion. We also reserve the right to cancel members Credits if they have breached these Terms and Conditions.
• Credits will expire 365 days after they have been credited to your account (unless such other period is stated by Luxury Bali Tours in writing in a particular promotion or campaign). Credits are not transferable or assignable and cannot be redeemed in any way other than in accordance with this clause.

GIFT CARDS

Luxury Bali Tours Gift Cards are subject to the Luxury Bali Tours Gift Card Terms of Use.

GOVERNING LAW

This agreement will be governed by and interpreted in accordance with the laws of England, United Kingdom.

Arbitration Agreement

(1) Luxury Bali Tours and/or partner tour operator (collectively “Tour Provider”), and the participant agree that any and all disputes and claims that the participant and Tour Provider may have against the other that arise out of or relate to this Agreement and the tour, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. The participant and Tour Provider agree to give up the right to sue in court. The participant and Tour Provider also agree to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise (see paragraph 9 of this Arbitration Agreement below). The only exceptions to this Arbitration Agreement are that (i) the participant and Tour Provider retains the right to sue in small claims court and (ii) the participant and Tour Provider may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

(2) Any arbitration between the participant and Tour Provider will be governed by and interpreted in accordance with the laws of England, United Kingdom. The arbitration will be conducted by a single arbitrator. 

(3) If either the participant or Tour Provider wants to arbitrate a Dispute, the participant or Tour Provider must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the tour to which the Notice relates, and the relief requested. The participant’s Notice to Tour Provider must be sent by mail to Luxury Bali Tours.

Tour Provider will send any Notice to the participant at the contact information Tour Provider has for the participant or that the participant provides. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 90 days after the participant or Tour Provider sends a Notice to the other, the participant and Tour Provider may try to reach a settlement of the Dispute. If the participant and Tour Provider do not resolve the Dispute within those first 90 days, either the participant or Tour Provider may initiate arbitration in accordance with the rules and procedures provided for by law of England. 

(6) If the participant is seeking to recover $5,000 or less, the Dispute should be resolved without a hearing, by submission of documents only. Either the participant or Tour Provider may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither the participant nor Tour Provider request one, Tour Participant will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $5,000, the manner and place of the hearing will be determined in accordance with the law of England.

(7) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

(8) The participant and Tour Provider may incur attorneys’ fees during the arbitration. In addition to whatever rights the participant may have to recover the participant’s attorneys’ fees under Applicable Law, if the participant prevails in the arbitration, and if Tour Provider failed to make a settlement offer to the participant before the arbitration or the amount the participant wins is at least 25% greater than Tour Provider’s highest settlement offer to resolve the Dispute, then Tour Provider will pay the participant’s reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Tour Provider wins the arbitration, the participant will be responsible for the participant’s own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.

(9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order Tour Provider to pay any monies to or take any actions with respect to persons other than the participant, unless Tour Provider explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. THE PARTICIPANT AND TOUR PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTICIPANT’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless Tour Provider agrees, the arbitrator may not consolidate other persons’ claims with the participant’s, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void, but the rest of this Agreement, including the provisions governing where actions against Tour Provider must be pursued, will remain in effect.

(10) The participant and Tour Provider agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.