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Terms and Conditions

 

General Terms and Conditions of the Hotel

 

GENERAL

Meridian Adventures Marina Club & Resort, owned by PT Meridian Capital Indonesia, operates the hotel (the “hotel“). Unless otherwise agreed, you agree to the following terms and conditions in relation to your stay at the hotel. Separate terms and conditions shall apply for group bookings.

BOOKING AND CONFIRMATION

  • A booking is binding once it has been confirmed and you have received a booking reference. This may be given in writing or through the booking system.
  • When making a booking, you are required to state your name, address, arrival and departure time and method of payment. To book a room at the hotel, you must be at least 18 years old.
  • For security reasons, we only allow our staff members and checked-in guests in our hotel rooms and other reserved premises.

ARRIVAL AND DEPARTURE

  • The guest is not entitled to the provision of specific rooms unless the hotel has confirmed it in writing.
  • Booked rooms shall be available to the guest from 3.00 p.m. on the agreed date of arrival. The guest shall not be entitled to earlier provision.
  • On the agreed date of departure, the rooms shall be vacated by 12.00 noon. For rooms not vacated by 6 p.m. on the agreed date of departure, the hotel may charge the daily room rate for the additional use of the room. For rooms which remain not vacated after 6.00 p.m. on the agreed date of departure, 100 % of the full applicable price for board and lodging will be applied.
  • In circumstances where the hotel is unable to contact you, and you have not vacated your room by 12:00 noon, the hotel may choose to pack your belongings and store them in the luggage room for you. The hotel shall not have any liability to you for any belongings which may be damaged or lost during the process of packing and storing your belongings.CHECK IN
    • The guest is obliged to provide the reception with passports or Indonesian national IDs of all persons checking into the room upon arrival.
    • At check-in the guest is obliged to fill in the registration card provided by the reception and confirm the information with signature.
    • The hotel reserves the right to pre-authorize your credit card upon check-in or collect a fee for the entire stay in the form of a cash deposit. This is for security in case of damages in the room/hotel facility and coverage of the room bill, including the bill for the food and beverage department.
      • If there is no coverage on the card the guest is expected to leave a IDR13,500,00.00 or US$1000 deposit in the reception and room credit will not be extended to the guest.
    • Only persons registered at check-in are permitted in the hotel room.

    CANCELLATION AND NO ARRIVAL

    • If the guest fails to arrive, the guest will be charged the full amount for the room.
    • If the guest cancels the booking after the deposit is paid, the hotel is entitled to keep the deposit.
    • If the guest cancels the booking within the last 45 days before arrival or after the total amount has been paid, the hotel is entitled to keep the deposit and/or amount paid.
    • If the hotel has incurred costs specifically related to your booking, the guest must also reimburse such costs.
    • Please contact
      Email: reservations@meridianadventuresdive.com
      Tel: +62 (0)951 317 6120
      Address: Meridian Adventure Marina Club & Resort Waisai
      Pelabuhan Pariwisata
      Jl. Yos Sudarso
      Waisai, Raja Ampat
      West Papua

    EARLY DEPARTURE

    • If you have booked for a particular time period but depart earlier, it will not result in price adjustments or refund of the amount already paid.

    THE HOTEL’S OBLIGATIONS AND YOUR OWN REQUIREMENTS

    • The guest is required to specify his/her requirements at the time of booking to be sure that the hotel is properly prepared.
    • All the rooms of the hotel are non-smoking. If a guest breaches the smoking ban, the hotel is entitled to charge the guest for ensuing costs in the amount of approximately IDR4,600,000/USD$350.
    • In the event of any disruption to or defects in the services of the hotel, the hotel shall endeavour to remedy the same as notified by the guest without undue delay. If the guest culpably fails to notify the hotel of a defect, this shall not establish the right to reduce the payment for the hotel room.

    PAYMENT

    • Payment in advance is required for all room rates.
    • Deposit is to be paid directly when making your reservation.
    • Remaining amount to be paid 45 days before arrival.
    • If you book your room less than 45 days before arrival you will pay the full amount directly.
    • The hotel accepts the most common credit/debit cards. However, the hotel is not obliged to accept cheques, vouchers or foreign currency unless the hotel has volunteered to do so.
    • Additional items bought in the Food & Beverage area, reception or dive centre during the stay of the guest must be paid by the guest before departing the hotel. It is recommended to settle your bill at least 24 hours before departure.

    STORAGE OF VALUABLES AND LUGGAGE AND VALUABLES IN THE ROOM OR IN THE LUGGAGE STORAGE

    • The guest may store its valuables in the hotel’s safety deposit boxes.
    • The hotel can store your luggage in a luggage storage.
    • Do not leave valuables or luggage unattended in the lobby upon checking in or checking out, at breakfast or when you are waiting for a taxi. Due to security reasons, the hotel is not obliged to store property of high value or property that could endanger the safety for hotel staff or guests. The hotel has no strict responsibility for property that you keep in your hotel room or in the luggage storage.

    YOUR OWN SAFETY

    • Always note where the emergency exits, alarm buttons and fire extinguishers are located.

    GENERAL HOTEL

    • Pets are not allowed in the hotel property.
    • The guest will be held responsible for any loss or damage to the hotel property caused by themselves, their guests or any person for whom they are responsible.
    • It is agreed that the guest will conduct him/ herself in a respectable manner and will not cause any nuisance or annoyance within the hotel premise.
    • The Management has the right to request any guest to vacate his/her room or other areas of the hotel forthwith, without prior notice and without assigning any reason whatsoever, and the guest shall be bound to vacate when requested to do so. In case of the default the Management has the right to remove the Guest luggage and belongings from the room occupied by him / her.
    • Swimming pool can be used doing the advised hours. The pool is to be used on the guests own responsibility. The pool can be occupied by our diving school from time to time and this will limit the space of free usage.
    • WIFI is available at the hotel. But the speed and connectivity can be unstable and at sometimes non existing, due to the remote area the hotel is located in.

    FOOD & BEVERAGE

    • The restaurant is open from breakfast, lunch and dinner. Opening hours to be advised at arrival.
    • Some items on the menu can be out of stock, due to remote location of hotel and limited delivery.
    • The bar opening hours will be advised at arrival.
    • It is prohibited to consume food and beverages bought outside the hotel in any of the common areas.

     

    Marina Club Membership

     

    A non-resident at the hotel needs to buy a club membership for a day. When she/he buys the club membership for a day or many days she/he is issued a card indicating a period within which the card may be used.

    Terms and Conditions are applied to the club membership.

    GENERAL

    • These terms and conditions are applicable to all persons in the possession of a “Marina Club Card”
    • Meridian Adventure Marina Club & Resort reserves the right to change the Terms and Conditions at any time without having to inform the Cardholder of this individually and without any right to compensation for the Cardholder.
    • All modifications in the General Terms and Conditions are published on https://dive.meridianadventures.com/
    • The Cardholder undertakes to reread the General Terms and Conditions on the Website https://dive.meridianadventures.com/ on a regular basis. Use of the Loyalty Card by the Cardholder after a modification in the General Terms and Conditions on the Website shall imply acceptance of the changed General Terms and Conditions.

    MEMBERSHIP

    • The membership card is applied for and purchased on the Meridian Adventure Marina Club and Resort website https://dive.meridianadventures.com/marina-club/ The Membership Card is strictly personal, non-transferable and equipped with a unique number.
    • The Membership and the Card is not transferable or refundable
    • Meridian adventure Marina Club & Resort reserves the right to refuse entry to the Club Member without stating a justification, and the right not to activate a Membership Card.
    • The Marina Club reserves the right to cancel the Membership Card at any time, without any specific reason given.
    • The Marina club cards are only given in limited numbers to keep the guest numbers appropriate for the residing guests.

    THE MEMBERSHIP CARD

    • The Marina Membership card is not a payment method or discount card.
    • Upon presentation of the card before entering the premises, the Marina Club Member is granted access to the“Meridian adventure Marina Club & Resort” and the use of their facilities which includes:
      • Swimming Pool and Gardens
      • Restaurant
      • Bar
      • Capped Daily Internet Usage
    • When asked the card holder must produce the Membership Card while on the Meridian Adventure Marina Club & Resort Premises.

     

    GOVERNMENT RULES AND REGULATIONS AND APPLICATION OF LAWS

    • Guest are requested to observe, abide by confirm to and be bound by all applicable acts and laws and government rules and regulations in force from time to time.
    • The rights and obligations of the parties to this contract including all matters of construction, validity and performance, shall in all respects be governed and enforced in accordance with the general laws of the Indonesia.
    • This contract is governed by the laws of the Republic of Indonesia.

 

General Terms and Conditions of the Marina

 

1. APPLICATION AND DEFINITIONS
1.1 These Conditions apply to all contracts between the Company and an Owner in relation to the use of the Marina by an Owner and the Owner acknowledges that he has been made aware of these Conditions prior to submitting an Online Booking Application.
1.2 Where the following words appear in these Conditions they shall have these meanings unless the context otherwise requires or admits:

Berth means the space on water from time to time allocated to the Owner by the Company for the Vessel during the term of the Licence

Berthing Confirmation Form means the form signed by an Owner on arrival at the Marina confirming certain matters relating to the use of the Marina by the Owner and confirming the Owner’s acceptance of these Conditions
Charge means the charges for a Berth as set out on the Company’s website and confirmed by the Company prior to accepting an Owners booking request

Contract means the contract between the Owner and the Company for the provision to the Owner by the Company of a Berth at the Marina, incorporating these ConditionsCompany means PT Meridian Capital Marine Tourism Enterprises to whom the application for berthing is made

Email Booking Application means an email from an Owner to the Company requesting a Berth, subject to these Conditions, and including the prescribed information required to be included in the application as set out on the Company’s website

‘Length Over All (LOA)’ means the overall length of the space occupied by the Vessel, including any fore and aft projections and tenders, temporary and/or permanent.

License means the license granted by the Company to the Owner pursuant to the Contract

Marina means the marina located at the Waisia Port, including the Tourist Quayside and the PTMCMTE Floating Jetty comprising pontoons and related equipment located there for mooring or berthing a vessel

Notices means all publicly displayed signs, notices and information at the Marina relating to the Marina and its use from time to time

Owner includes any owner, charterer, master, agent or other person for the time being in charge of the Vessel, excluding the Company

Premises means all the land, adjacent water and buildings occupied by or under the control of the Company at the Newcastle Quayside where the Marina is located and which relate to the Marina, including pontoons, quays and car parks

Regulations means the Port of Waisai regulations, the Oil Spill Contingency Plan of the Port of Waisai, the Waste Management Plan of the Port of Waisai and the Port Marine Safety Code of the Port of Waisai in force from time to time

Vessel means any form of craft, boat, ship, yacht, dinghy, multihull, or other marine structure which is in the care and control of the Owner

Pontoon means a moored and decked floating structure providing landing or mooring facilities and any related access gangways or bridges to the shore.

Quay means a concrete platform lying alongside or projecting into water for berthing of vessels.

2. CONTRACT FORMATION

2.1 The Contract shall be formed when the Company accepts an online Booking Application for a Berth on the requested dates and takes payment from the Owner through the company’s website online payment system.

2.2 Where the requested dates are not available the Company may offer alternative dates to the Owner who may decline the alternative dates, in which case the booking application shall be deemed withdrawn, or accept them.

2.3 Following the online acceptance referred to in clause 2.1 the Company will send a confirmatory email to the Owner setting out the details of the booking, including any revised dates agreed to by the Owner.

2.4 On arrival at the Marina the Owner shall sign a Berthing Confirmation Form. A refusal or failure to do so may mean the Berth is not available.

3. THE LICENCE AND PAYMENT

3.1 Berths at the Marina shall be licensed at the rates of charge from time to time published by the Company on its website in force at the time a booking is accepted.

3.2 Unless expressly agreed in writing by the Company in advance, a Licence shall commence on the first day of the period of the Licence and expire on the last day of the Licence in the case of visits longer than a day and shall commence and end at such times in the day as the Company may notify to the Owner in the case of a day booking provided that where this Contract is terminated before the expiry of that period, the Licence shall terminate at the same time as the Contract is terminated.

3.3 Payment of the charges by the Owner shall be made in full by credit or debit card online in accordance with clause 2 and any failure to make payment of the charges in full before arrival means the Berth may not be available. Payments shall be non-refundable.

3.4 The Owner shall remove the Vessel immediately on expiry or termination of the Licence.

4. LIABILITY, INDEMNITY AND INSURANCE

4.1 The Company shall not be liable for its non-performance or any loss or damage caused by any event or circumstance beyond its reasonable control (such as extreme weather conditions, the actions of third parties not employed by it or any defect in any part of a customer’s or third party’s Vessel); this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Marina and/or using any facilities or equipment. Nothing in the Contract shall exclude the Company’s liability for death or personal injury caused by its negligence or any other liability the exclusion of which is prohibited by law.

4.2 The Company shall take all reasonable steps to maintain security at the Premises and to maintain the facilities at the Premises and in the Marina in reasonably good working order. Subject to this, and in the absence of gross negligence or breach of the Contract on the part of the Company, Vessels, gear, equipment or other goods are left with the Company at the Owner’s own risk and Owners shall ensure that they have appropriate insurance against all relevant risks.

4.3 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect to the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on written commercial terms. Similarly, the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident for which the Company is not responsible. However, the Company reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis (and where appropriate, to claim a salvage reward).

4.4 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than USD$1,000,000 and where appropriate, employer’s liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance on arrival at the Marina and the Owner warrants, represents and undertakes to the Company that he has or will for the duration of the license period have in place the insurance (against the risks and in the amounts) described in this clause  4.4  and agree to indemnify and keep indemnified the Company at all times against all losses, liabilities, costs expenses, claims and damage or any kind it may suffer or incur as a result of a breach of this clause 4.4 by the Owner.

5. CHANGES OF DETAILS

5.1 The Owner shall notify the Company in writing of the details of any change of names of the Vessel or change of email address, postal address or telephone/fax number of the Owner.

6. BERTH ALLOCATIONS

6.1 The Company shall retain absolute control of Berth allocation within the Marina. Accordingly, the Owner shall not be entitled to the exclusive use of any particular Berth but shall use such Berth as is from time to time allocated to him by the Company before arrival or during the period of the Licence.

7. PERSONAL NATURE OF THE LICENCE

7.1 This Contract including the related License is personal to the Owner and relates to the Vessel described in the Email Booking Application or by telephone when the Owner makes a booking online. It may not be transferred or assigned to a new Owner or to a different Vessel, either temporarily or permanently, without the express prior written consent of the Company.

7.2 Any agreement for the sale, transfer or mortgage of a Vessel (and also the name, address and telephone/fax numbers of the purchaser, transferee or mortgagee, as the case may be) which is to complete during the License period shall be notified to the Company in writing on booking a Berth and in any event immediately upon completion of such agreement.

8. USE OF BERTH BY COMPANY WHEN VACANT

8.1 The Company may have the use of the Berth when it is left vacant by the Owner and may grant a license in respect of it to another Owner but subject to providing the Owner with a suitable alternative Berth for his Vessel.

9. TERMINATION

9.1 The Company shall have the right (without prejudice to any other rights in respect of breaches of the terms of the Contract by the Owner) to terminate the Contract immediately without cause or in the event of any breach by the Owner of this Contract.

9.2 Where the Owner is in breach of the Contract, then having regard to the nature and seriousness of the breach and the risk it poses for the financial standing or security of the Company and/or of the Company’s customers and the threat to the health, safety or welfare of any other person or property the Company may serve notice on the Owner requiring him to remove the Vessel from the Marina immediately.

9.3 If the Owner fails to immediately remove the Vessel on termination of this Contract the Company shall be entitled:

9.3.1 to charge the Owner at the Company’s 24-hour rate for overnight visitors for each day between termination of this Contract and the actual date of removal of the Vessel from the Marina; and/or

9.3.2 at the Owner’s risk (save in respect of loss or damage caused by the Company’s gross negligence during such removal) to remove the Vessel from the Marina and thereupon secure it elsewhere and charge the Owner with all costs arising out of such removal including alternative berthing fees.

9.4 Any notice of termination under this Contract shall, in the case of the Owner, be served personally on the Owner or by being left on the Vessel (if at the Marina) or sent by registered post or recorded delivery service to the Owner’s last known address or sent by email to the Owner’s email address provided and in the case of the Company shall be served at its principal place of business or registered office.

10. RIGHT OF DETENTION

10.1 The Company reserves a general right to detain and hold onto the Owner’s Vessel or other property pending payment by the Owner of any sums due to the Company. If the Contract is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the Owner at the Company’s 24-hour rate for overnight visitors for each day between termination or expiry of the Contract and the actual date of payment (or provision of security) by the Owner and removal of the Vessel from the Marina. The Owner shall at any time be entitled to remove the Vessel or other property upon providing proper security, for example a letter of guarantee from a Bank or a cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Company’s prospective legal costs.

11. VESSEL MOVEMENTS

11.1 The Company reserves the right to move any Vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the Marina and Premises.

11.2 Vessels shall be berthed or moored by the Owner in such a manner and position as the Company may require and unless otherwise agreed adequate warps and fenders for the Vessel shall be provided by the Owner.

11.3 No Vessel, when entering or leaving or manoeuvring in the Marina, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the Marina.

11.4 The Owner, his guests and crew are advised that the Vessel is at all times subject to the speed restrictions and bylaws of Marina and Navigation Authorities and the requirements and powers of the Indonesian regulatory authorities there are criminal penalties for the breach of such restrictions, requirements and bylaws.

12. COMMERCIAL USAGE

12.1 No part of the Company’s Marina or Premises or Vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purpose, except where the Owner has sought and obtained prior written consent from the Company. Where this Contract is entered into with an Owner whose Vessel is operated for hire or reward in the course of trading, the Company may, at its absolute discretion, apply special conditions to the Vessel and non-compliance by the Owner with such special conditions shall be deemed as breach of this Contract.

13. STORAGE

13.1 Dinghies, tenders and rafts shall be stowed aboard the Vessel unless the Company allocates a separate Berth for them.

14. MARINA AND MARINA REGULATIONS

14.1 The Owner shall at all times observe and comply with the Regulations, insofar as they apply to the Owner, and all Notices.

14.2 In relation to each Vessel belonging to an Owner which is berthed at the Marina, the Owner shall provide and maintain on that Vessel at least one fire extinguisher, which is an approved portable fire extinguisher, and ensure it is fit for purpose for the Vessel and ready for immediate use in case of fire.

14.3 The Company will make available an electricity power point for the Vessel on the floating jetty pontoon dock, but the Company does not guarantee continuity of electricity supply and shall not be responsible for any loss or damage caused by any interruption in supply however such interruption arises. The Company reserves the right to make a charge for electricity consumed. The Company does not make available an electricity power point for the Vessel berthed on the Quay.

14.4 The Owner shall refuel only at the designated fuelling berth (if any) and shall promptly vacate the fuelling berth when the fuelling operation is completed. Where fuel is required to be transferred or stored in portable containers, the Owner shall only use containers which comply with all relevant safety standards and shall fully comply with best practice and all relevant safety guidance and recommendations in relation to the use and storage of such fuel and the Company reserves the right to refuse the use of any container deemed unfit for the purpose or not in compliance with relevant safety standards.

14.5 Licensees and their invitees who bring pets to the Marina shall keep them under the strictest control whilst on or outside the Vessel in order not to cause nuisance to other clients or to cause damage to the Marina. Owners with pets must clean up after their pets or those of their invitees. Dogs must be kept on a lead at all times. If the Owner fails to comply with this clause 14.5 may be requested to remove the pets from the Marina with immediate effect and the Company’s decision will be final. Strict regulations for the control of rabies exist in Indonesia and no pet or animal shall be landed at the Marina from abroad without prior permission from the Company and written confirmation from the Owner that the relevant procedures have been observed and the relevant Indonesian authorities have been notified.

15. WORK ON THE VESSEL

15.1 No work shall be done on the Vessel, gear, equipment or other goods in the Marina or on the Premises without the Company’s prior written consent other than minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew or members of his family not causing nuisance, or annoyance to any other customers or persons residing in the vicinity of the Premises, nor interfering with the Company’s schedule of work, nor involving access to prohibited areas.

16. HEALTH, SAFETY AND THE ENVIRONMENT

16.1 The Owner, his crew, members of his family and any person carrying out work on the Vessel is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur in the Marina or on the Premises as soon as possible after they occur.

16.2 No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Marina or Premises so as to cause any nuisance or annoyance to any other users of the Marina or Premises or to any person residing in the vicinity of the Premises and the Owner undertakes for himself, his guests and all using the Vessel that they shall not behave in such a way as to offend as aforesaid. Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance.

16.3 No refuse shall be thrown overboard or left on the Pontoons, Quay, or on any part of the Premises, or disposed of in any way other than in the receptacles provided by the Company or by proper removal from the Marina and Premises. The Company’s further directions regarding waste management shall be posted on the Company’s website and in Notices.

16.4 The Owner, his crews and invitees will at all times exercise respect for the peaceful enjoyment of other Marina users and customers. Noise and disturbance from the Vessel shall be kept at a reasonable level such that it shall not inconvenience or otherwise annoy others.

16.5 The Owner shall at all times navigate and control his Vessel in a seamanlike manner so as to cause no danger or inconvenience to any other person or vessel. All Vessels shall proceed at a speed and in such a manner which is safe in relation to the prevailing conditions and shall at all times comply with speed limits set by the Company or specified by the Port of Waisai in the Regulations

16.6 The Owner, his crew and invitees shall ensure that Pontoons are kept clear for the safe use of others and nothing shall be affixed to the Pontoons by the Owner, his crew and invitees or his representatives.

16.7 Laundry shall not be hung out on deck or on the rigging of vessels at the Marina.

16.8 The riding of cycles, motorised cycles, skateboards and similar devices on the Marina and Pontoons is forbidden.

16.9 The Vessel will be moored in a seamanlike manner. Any warps, fenders or other mooring devices shall be capable of securing the Vessel in storms, strong currents and gale force winds. Any warps, fenders and other mooring devices which in the opinion of the Company prejudice the safety of the Vessel, other Vessels in the Marina, persons or the structures of the Marina may be replaced by the Company and charged to the account of the Owner.

16.10 The Vessel will only be accepted into the Marina if it in a seaworthy condition and maintained in good, safe and serviceable order. The Vessel shall at all times be kept in a clean and tidy condition and in good repair such that it does not reflect unfavorably on the appearance of the Marina and the Company’s decision in this regard shall be final.

16.11 The Owner shall ensure no dangerous, inflammable, poisonous or noxious substance, oil, petrol, fuel, paint or contaminated bilge water or effluent are discharged or allowed to escape into the Marina from his Vessel or as a result of his acts or omissions or those of his crew, invitees or visitors.

17. SERVICES AND UTILITY COSTS

Electricity: USD $0.20 per KW/Hour

Water: USD $5.00 per m3

Garbage Removal: USD $2.50 per bag

Dayworkers: USD $50 per person per day

18. GENERAL

18.1 The information which the Owner provides to the Company in relation to the use of the Marina will be processed by the Company. The Company will not disclose the personal information relating to an Owner to any third party except to its affiliated companies and where required to do so by law or with the consent of the Owner.

18.2 The failure by the Company to exercise or delay in exercising any right or remedy under the Contract shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies that party may otherwise have and no single or partial exercise of any right or remedy under the Contract shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

18.3 No variation of terms of this Contract shall be effective unless made in writing and signed by or on behalf of the Company and the Owner.

18.4 This Contract, including these Conditions, the Regulations and the Berthing Confirmation Form are the entire agreement between the Company and the Owner in respect of the use of the Marina by the Owner. The Contract and the documents referred to therein supersede and extinguish any previous agreements between the parties, whether orally or in writing, in respect of the Marina which shall cease to have any further force or effect. It is agreed that nothing in these Conditions shall exclude any liability for, or remedy in respect of fraud.

18.5 The Contract shall be governed by Indonesian law and the parties submit to the exclusive jurisdiction of the High Court of Indonesia in relation to any dispute or claim arising out of or in connection with it.

 

General Terms and Conditions of the Website

 

  1. INTRODUCTION
    1. These terms and conditions shall govern your use of our website.
    2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
    3. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
    4. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
    5. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
  2. COPYRIGHT NOTICE
    1. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
  3. LICENCE TO USE WEBSITE
    1. You may:
      1. view pages from our website in a web browser;
      2. download pages from our website for caching in a web browser;
      3. print pages from our website;
      4. stream audio and video files from our website; and
      5. use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    3. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
    4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    5. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our website (including republication on another website);
      2. sell, rent or sub-license material from our website;
      3. show any material from our website in public;
      4. exploit material from our website for a commercial purpose; or
      5. redistribute material from our website.
    6. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
  4. ACCEPTABLE USE
    1. You must not:
      1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
      6. violate the directives set out in the robots.txt file for our website; or
      7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  5. YOUR CONTENT: LICENCE
    1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
    3. You grant to us the right to sub-license the rights licensed under Section 8.2.
    4. You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. You may edit your content to the extent permitted using the editing functionality made available on our website.
    7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
  6. YOUR CONTENT: RULES
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      1. be libellous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court, or in breach of any court order;
      8. be in breach of racial or religious hatred or discrimination legislation;
      9. be blasphemous;
      10. be in breach of official secrets legislation;
      11. be in breach of any contractual obligation owed to any person;
      12. depict violence in an explicit, graphic or gratuitous manner;
      13. be pornographic, lewd, suggestive or sexually explicit;
      14. be untrue, false, inaccurate or misleading;
      15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      16. constitute spam;
      17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      18. cause annoyance, inconvenience or needless anxiety to any person.
  7. LIMITED WARRANTIES
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our website;
      2. that the material on the website is up to date; or
      3. that the website or any service on the website will remain available.
    2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
  8. LIMITATIONS AND EXCLUSIONS OF LIABILITY
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for fraud or fraudulent misrepresentation;
      2. limit any liabilities in any way that is not permitted under applicable law; or
      3. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
      1. are subject to Section 11.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  9. BREACHES OF THESE TERMS AND CONDITIONS
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more formal warnings;
      2. temporarily suspend your access to our website;
      3. permanently prohibit you from accessing our website;
      4. block computers using your IP address from accessing our website;
      5. contact any or all of your internet service providers and request that they block your access to our website;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
      7. suspend or delete your account on our website.
    2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  10. VARIATION
    1. We may revise these terms and conditions from time to time.
    2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.
    3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
  11. ASSIGNMENT
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  12. SEVERABILITY
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  13. THIRD PARTY RIGHTS
    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
  14. ENTIRE AGREEMENT
    1. Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
  15. LAW AND JURISDICTION
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  16. OUR DETAILS
    1. This website is owned and operated by Meridian Adventure Limited
    2. We are registered in The British Virgin Islands under registration number 1873341, and our registered office is at P.O. Box 3175, Road Town, Tortola, British Virgin Islands
    3. Our principal place of business is at The Campus, 1st Floor, Wrigley Field Building, 57 Sloane Street, Bryanston, 2129, Gauteng, South Africa.
    4. You can contact us:
      1. using our website enquiries form;
      2. by telephone, see our website for the number;
      3. by email, see our website for the address.

 

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