Introduction
These general conditions of sale and use of the site (hereinafter, the “Conditions”) as well as our personal data policy, govern the relationship between PT KYARA BALI PROPERTI (hereinafter, “We”, “Our”, “Us” or “KBP”) whose registered office is located at: Jalan Bypass Ngurah Rai 67 – Perkantoran Alamanda, BALI Lingkungan Kerthayasa Registered under the registration number AHU-0044479.AH.01.11.2019 and any adult natural person acting exclusively for his or her personal needs, (hereinafter “You”, “Your”, “User” or “Customer”) consulting or using the www.unikbalivilla.com website (hereinafter, the “Site” “UBV”) or any content or service offered on the site.
If you wish to Contact us:
contact@unikbalivilla.com
reservations@unikbalivilla.com
+62 877 0250 4996
We ask you to carefully read the Agreement (as defined below) before using the Site or placing any order to the extent that this Agreement affects Your rights and obligations. The mere use of the Site and/or the placing of any order constitutes knowledge and irrevocable agreement on Your part of the Contract. If You do not agree with any of these provisions, You are not authorized to use all or part of the Site and/or to place any order. Please print a copy of the Contract for Your records.
Article 1- Scope of the Contract
These general terms and conditions of sale and use apply automatically to the following services: rental of villas in Bali, Indonesia offered on the Site, booking services in Bali, Indonesia offered on the Site and sale of real estate lands and villas in Bali, Indonesia offered on the Site (hereinafter “The Products”” The Product ” Our Products “)
Article 2- Modification of the Contract
The Contract may at any time be reviewed, updated or otherwise modified, in whole or in part, it being specified that when You place an order on the Site, the applicable Conditions are those in force on the Site on the date Your order is recorded
Article 3- Prices
3.1 The prices of villas and properties for sale are clearly indicated on the Site. Prices are expressed in US price excluding tax of the 5% management fee. For the rentals of villas the prices indicated include all the charges inherent to the rented property except specific mention possibly indicated on the descriptive sheet of the villa.
3.2 In order to assist the User and only for information purposes, the Site provides the User with a currency converter that allows the rates to be displayed in another currency (Euros and Indonesian Rupees)
3.3 For villa rentals the prices are indicated per night and per villa on the Site, the price indicated on the villa results list or on the villa description sheet is a price “from” to give as an indication. This price varies according to seasonality. The price corresponding to the total duration of the stay will be clearly indicated to the User, on the basis of the start and end dates indicated by the User in the booking engine of the villa file.
3.4 For real estate (villas and land) the prices listed on the Site are indicated by property with all the essential characteristics indicated on the descriptive sheet.
3.5 For services the prices are given as an indication on the site, the final price of a service will be the subject of an estimate calculated by UBV on the basis of the information indicated by the User. The prices of the services may be indicated either in US dollars or in Indonesian IRP Rupees. Payment for services will generally be made on site in local currency (IDR)
3.6 Only prices indicated in USD dollars are contractual, All orders are payable only in USD dollars
3.7 KBP reserves the right to change its prices at any time and without notice. Products already ordered will continue to be invoiced on the basis of the rates in effect at the time Your order is placed, and under no circumstances may a User require discounts no longer in effect on the day of the Order.
3.8 The prices of the villas’ rentals are guaranteed for a period of 24 months calculated from the day of the reservation beyond this period the prices displayed are not guaranteed and are subject to change upwards or downwards KBP reserves the right to refuse any reservation made after this 24-month period
Article 4- Quotation
For products giving rise to a preliminary quotation, the sale will only be considered final after an estimate has been established by KBP and confirmation of acceptance of the order has been sent to the buyer. The estimates drawn up by UBV are valid for 6 months.
Article 5 – Registration – Creation of a User account
5.1 The use of the site is not subject to registration, only the reservation of a holiday rental is subject to the User’s registration.
5.2 Registration on the site is open to all legal or natural persons of full age and with full legal personality and capacity
5.3 If the User wishes to book one or more products and services offered on the Site, excluding requests for information, he/she must register with the Site. At the end of the registration process, a user account for the site will be created. Registration and account creation are free of charge.
5.4 The User may deactivate his account at any time and acknowledges and accepts that, even if he deactivates his account.
5.5 To proceed with the registration, the user must fill in the mandatory fields; otherwise the registration cannot be completed.
5.6 Users guarantee and declare on their honour that all information communicated on the Site is accurate and compliant. They undertake to update their personal information from the page dedicated to it and available in their “My Profile” area.
5.7 Every registered User has a username and password. These are strictly personal and confidential. Each Registered User is personally responsible for maintaining the confidentiality of their username and password. KBP will under no circumstances be held responsible for the usurpation of a User’s identity. If a User catches a fraud at any time. He should contact UBV as soon as possible, so that it can take the necessary measures and regularize the situation.
5.7 An account includes, among other things
– A dedicated page called “My profile” on which the User will have filled in the information required to create the account
– First and last name, email address. Other personal information is optional and provided at the discretion of the User.
– A dedicated page called “My favorites”: the possibility to save a list of your favorite villas
– A dedicated “My reservations” area where current or confirmed reservations will be archived
– A dedicated “My Invoices” area where invoices for current or confirmed reservations will be archived
– A dedicated “Messages” space on which will be archived the messages generated automatically following the User’s actions on the site and the responses sent by email by UBV
Article 6 – Order
6.1 Villa rentals can be booked and paid for on the Site, For the purchase of other Products offered on the Site: the sale of villas and land as well as related services You must contact UBV by phone for an email.
6.2 The reservation of a villa rental can only be made when the User has registered on the Site.
6.3 The finalization of the order implies the acceptance of the prices of the Products sold on the site as well as the complete payment of the rental amount
6.4 Once the order has been confirmed, the User will receive confirmation of his villa reservation by email. The invoice for the confirmed reservation will be available to the Customer in the “My invoices” area of his User account.
Article 7 – Payment
7.1 Payments made by the Client shall only be considered final after the amount due has been actually collected.
7.2 For a villa rental the full payment is required at the time of booking to guarantee the rental of the villa during the period booked by the buyer
7.3 After confirmation of the payment the dates of stay will be automatically blocked for any other reservation, the calendar displayed on the villa file of the website will be updated with the mention already reserved.
7.4 A booking confirmation will be sent by email
7.5 An invoice will be available on the buyer’s personal space.
7.6 You can pay for your orders by credit card (Visa, MasterCard, American Express or Carte Bleue) through our partner PAYPAL. The amount of Your order is then debited at the time of your reservation on the site
Article 8 – Cancellation – Amendment
8.1 Right of withdrawal: In accordance with article L121-16 of the Consumer Code, in the case of an Internet transaction, the consumer has a period of 7 days to exercise his right of withdrawal, with the exception of contracts for the provision of transport accommodation, catering and leisure services, which must be provided on a date or at a frequency determined as a result of the services provided by UBV, which fall within the scope of an exception. The cancellation conditions below shall apply.
8.2 Cancellation by the client: Any cancellation must be notified to UBV in writing, by email its receipt will determine the date of cancellation entailing the following costs: more than 30 days before the date of arrival in the villa:
Modification due to force majeure and alternative solution: If, due to a fortuitous event or a case of force majeure, the rented property is destroyed, damaged to such an extent that it is impossible to rent or simply sold by its owner, UBV reserves the right to allocate to Clients bound by a confirmed reservation another equivalent or higher category accommodation without additional charge according to the availability existing on the dates requested. The Client is informed by UBV as soon as possible of this justified substitution as soon as possible and retains the right to cancel the above-mentioned contracts, knowing that the sums paid will be fully reimbursed to him without him being entitled to any other compensation.
Article 9 – Arrival – Departure
Arrival: The Customer must arrive at the villa on the date of the beginning of the reserved stay, generally between 2pm and 5pm. After 24 hours without any news from the customer, the reservation will be considered as cancelled, the Customer not being able to claim any refund
Departure: the villa must be vacated on the day of departure before 11am.
Article 10 – Liability
10.1 KBP does not provide any civil liability protection to villa owners and Clients. KBP can therefore under no circumstances be held liable for the following charges
Theft, damage caused to third parties, accidents suffered by the “tenant” Client to whom it is recommended to take out any insurance that he considers useful, in particular to request an extension of his multi-risk home contract
Any disturbances of enjoyment that may occur due to water, electricity and all noise pollution, the presence of insects as well as works, construction sites, various private or public events. No compensatory damages will be awarded on this count.
KBP can under no circumstances be held responsible for the unavailability, whether temporary or permanent, of the Site and although KBP will use all its resources to ensure the service at all times. It may be interrupted at any time. In addition, KBP reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation
10.2 In particular, shall be deemed to be due to Your own act, omission or fault: any damage or loss that You may suffer as a result of the unsuitability or incompatibility of Your computer equipment (hardware and/or software) to all or part of the Site and/or the failure to implement all reasonable and necessary protections against any harmful programs, devices or communications, as it is Your sole property, (I) to verify or have verified that Your computer and/or telecommunications equipment is suitable and compatible with the Site, before any use and (II) to set up and implement all reasonable and necessary protection against any harmful programs, devices or communications, in particular by means of anti-virus software.
10.3 The Site may contain links to other sites on the Internet. These other sites are not under the control of KBP and You acknowledge that KBP is not responsible for the accuracy, compliance with intellectual property rights, legality, decency or any other aspect of the content of these sites
10.4 Without prejudice to the provisions of Articles L. 211-12 of the Consumer Code and 1648 of the Civil Code and other mandatory legal provisions to the contrary, You agree that any claim or action arising out of or relating to the use of all or part of the Site or the Contract shall be brought and enforced by the courts on the merits within one (1) year following the earlier of the following two dates, under penalty of prescription: the date on which the claim was first brought or the date on which the cause of the claim first arose.
Article 11 – Warranty regarding the Site
KBP does not warrant that the functions contained on the Site and that any Content or other elements contained therein will be available at all times, uninterrupted or error-free, that any defects or errors will be immediately corrected or that the Site or its server will at all times be free of viruses or other components that may cause damage.
Article 12 – Intellectual property
12.1 The Site and all materials (including Products), documents and other data contained therein (the “Content”), whether visual or audio, are protected by Indonesian and international trademark rules, as applicable, trade or services — whether or not registered as such — and trade names or other distinctive signs, copyrights, neighbouring rights, sui generis rights, design rights, patents, trade or commercial secrets or other rights of the same nature and belong to or have been licensed to UBV
12.2 Your right to use the Site and any Content or other material contained therein is subject to Your compliance with the Agreement and any applicable laws or regulations. Any use of the Site or any Content for any purpose other than those authorized by the Agreement may constitute a violation of our rights or those of Our licensors:
(I) You may only access and display any Content and other materials on the Site for non-commercial and private use;
(II) the Site and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, adapted, transmitted, distributed or used in any way without the prior written consent of KPB or unless required by applicable law (in which case, You must keep intact all proprietary notices);
(III) decompilation, reverse engineering, disassembly or otherwise reduction of the code used in any software on the Site in a readable form in order to examine its structure and/or to copy or create other products based (in whole or in part) on such software is prohibited, unless mandatory legal exceptions apply
(IV) You may not use meta tags or any other hidden text containing Our name, trademark(s) or that of companies related to Us without Our specific, prior and written consent;
(V) any User who wishes to place, for his personal use, on his site, a simple link directly to the home page of the Site, must first obtain Our specific written authorization; under no circumstances may Our agreement engage Our liability, in any capacity whatsoever, on the Site or any Content;
(VI) any hypertext link to the Site by framing or in-line linking is strictly prohibited.
Article 13: Comments, criticism, communications and other content
13.1 Users may send Us reviews, comments or other content, submit suggestions, ideas, questions or other information as long as such content is not illegal, obscene, abusive, threatening, defamatory, in violation of intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailing, channels or any other form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content. We reserve the right, at our sole discretion, to remove or modify any content.
13.2 If You send Us content, and unless otherwise specified by You, You grant Us and the companies related to Us, for the applicable legal term of protection, the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute, sublicense and display such content worldwide, on the Site and on any media.
13.3 You represent and warrant to Us that You own or hold the necessary rights to the content You transmit to Us. You agree to indemnify Us in the event of an action, or a claim by a third party against Us, if such action has as its cause, basis or origin the content You have communicated to Us.
Article 14: Acceptance of the General Terms and Conditions of sale and use of the Site
The Customer or User expressly accepts the General Terms and Conditions of sale and use
The Customer or User declares that he is aware of it and waives any other document
You acknowledge that you have read the information and intelligence below
– The essential characteristics of the Products
– Product prices
– Information relating to the Company’s identity (postal, telephone, electronic contact details)
– Information on legal and contractual guarantees and their implementation procedures
– The possibility of using conventional mediation in the event of a dispute
– Information relating to the right of withdrawal
.