Terms & Conditions

1. About these Terms

1.1 These terms and conditions (the "Terms") govern the use of guideanddrive.com (the "Website") and every Booking made on it. The Website is operated by PT Gemilang Anugerah Dewata, a limited liability company registered in Indonesia under NIB 1509260099812, with its address at Jalan Pulau Moyo I No. 45, Kelurahan Pedungan, Kecamatan Denpasar Selatan, Kota Denpasar, Bali 80222, Indonesia ("Guide and Drive" or the "Company"). The Company may be contacted at hello@guideanddrive.com or WhatsApp +62 851 9099 7968.

1.2 In these Terms, the "Customer" means any person who uses the Website or makes a Booking.

1.3 By using the Website, the Customer agrees to section 11 (Use of the Website). The Customer accepts these Terms in full when confirming a Booking at checkout. The version of these Terms published on the Website on the date of a Booking shall apply to that Booking. Any amendment to these Terms shall apply only to Bookings made after the amendment is published.

1.4 These Terms are made in the English language. Any translation is provided for convenience only. In the event of any inconsistency, the English version shall prevail.

2. The Company's role

2.1 The Company does not own vehicles, employ drivers, or own or operate attractions. Every transport, rental, tour, activity or other travel service offered on the Website (a "Service") is performed by an independent business (a "Partner").

2.2 The Company arranges each Service as an intermediary between the Customer and the Partner. The contract for the performance of a Service is between the Customer and the Partner. An order for one or more Services made on the Website is a "Booking".

2.3 For every Booking, the Company shall collect payment from the Customer, confirm the Booking with the Partner, handle changes, complaints and refunds, and act as the Customer's point of contact.

2.4 The policy shown on a Service's page and at checkout (the "Listing policy") sets the following terms of that Service only: cancellation deadlines and refund amounts, change and rescheduling deadlines and fees, waiting time and no-show rules, what the price includes and excludes, requirements to take part, and any deposit and conditions of use. On those matters the Listing policy shall prevail. On all other matters these Terms shall prevail.

2.5 A Partner may require the Customer to sign a document before the Service, such as a safety declaration, liability waiver or rental agreement. Where the Company knows of such a requirement, it shall state it in the Listing policy. No such document shall take away any right the Customer has under these Terms, the Listing policy or the law.

3. Eligibility

3.1 The Customer shall be at least 18 years of age to make a Booking.

3.2 The Customer may make a Booking for other persons, including children. The Customer shall be responsible for the accuracy of the details given about them and for ensuring that they comply with these Terms and the Listing policy.

4. Accounts

4.1 An account is not required to make a Booking. Where the Customer has an account, the Customer shall keep their sign-in details confidential, and any Booking made through that account shall be treated as made by the Customer.

4.2 The Company may, at its sole discretion, suspend an account used for fraud, abuse or breach of these Terms, and shall inform the Customer of the reason. A suspension shall not affect any refund owed to the Customer under these Terms or the Listing policy.

5. Booking and confirmation

5.1 A Booking is created at checkout and is placed when the Company receives the Customer's payment by a payment method offered on the Website or otherwise agreed with the Company. A Booking that is not paid by the payment deadline shown on the booking page is released.

5.2 After payment, the Company shall request confirmation of the Booking from the Partner. A Booking is confirmed when the Company notifies the Customer that it is confirmed, by email or WhatsApp or on the Customer's booking page. If a Booking cannot be confirmed, the Company shall cancel it and refund the Customer in full. The Company may also decline any Booking before it is confirmed, in which case it shall refund in full any amount the Customer has paid.

5.3 The Customer shall check the details in the confirmation and notify the Company promptly of any error.

5.4 The confirmation and these Terms may be saved or printed from the Customer's booking page.

5.5 The Customer may request a change to a Booking by contacting the Company. Unless the Listing policy provides otherwise, changes are subject to availability and the Partner's agreement, and may change the price.

6. Prices, taxes and payment

6.1 The price covers what the Service's page states as included. Anything stated as excluded shall be paid by the Customer.

6.2 The price shown at checkout is the total amount payable for the Booking, including any applicable taxes. Any fee is shown separately before payment.

6.3 The Customer is charged in Indonesian Rupiah (IDR). Prices shown in other currencies are estimates only. Exchange rates and fees charged by the Customer's bank, card issuer or money transfer service are a matter between the Customer and that provider.

6.4 Once a Booking is paid, its price shall not change unless the Customer adds to or changes the Booking.

6.5 Only one promo code may be used per Booking. A promo code is not reinstated if the Booking is cancelled. Refunds are calculated on the amount actually paid.

6.6 If a Booking is made at an obviously incorrect price, the Company may cancel the Booking and refund the Customer in full, or offer the Customer the Service at the correct price.

7. Cancellations and refunds

7.1 To cancel a Booking, the Customer shall contact the Company with the booking reference. Any refund shall follow the Listing policy accepted for that Booking. Where the Customer cancels, any payment processing fee or service fee shown separately at checkout is not refunded.

7.2 If the Listing policy sets no cancellation terms, the Customer shall receive a full refund for a cancellation made at least 24 hours before the Service starts, and no refund for a later cancellation.

7.3 If the Company or the Partner cancels a Booking, or the Partner cannot perform the Service, the Company shall either offer a replacement of a similar kind or equivalent value at no extra cost, or refund the amount paid in full. If the Customer declines a replacement, the Company shall refund the amount paid in full.

7.4 A no-show shall not be refunded, unless the Listing policy provides otherwise.

7.5 Refunds shall be paid in IDR to the original payment method or, where that is not possible, by bank transfer. The Company shall send a refund within 7 days of a cancellation by the Company or the Partner, and within 14 days of a cancellation by the Customer. The Customer's bank, card issuer or money transfer service may take additional time to credit it. The Company is not responsible for exchange-rate differences or for fees charged by the Customer's bank, card issuer or money transfer service.

7.6 Every Service is provided on a specific date or during a specific period. To the extent permitted by law, no statutory right to withdraw from a distance contract, including any right under European Union consumer law, shall apply to a Booking. The Customer's cancellation rights are those set out in this section 7 and in the Listing policy.

7.7 If the Customer disputes a payment with their bank or card issuer (a "chargeback"), the chargeback shall replace any refund under these Terms for the disputed amount. If the Service was provided, or the refund was already paid, the Company may recover the disputed amount and its reasonable costs of the chargeback from the Customer.

8. Customer responsibilities

8.1 The Customer shall provide accurate contact and Booking details and shall remain reachable around the time of the Service.

8.2 The Customer shall arrive on time and bring the documents required by the Listing policy.

8.3 The Customer shall comply with applicable law and with the Partner's safety instructions.

8.4 The Customer shall pay for any damage caused deliberately or negligently by the Customer or any person on the Booking.

8.5 Travel insurance is not included in any Booking. The Company recommends that the Customer obtain it.

8.6 If a Service is not provided as booked, the Customer should inform the Company promptly, preferably while the Service is taking place, so that the Company can resolve the matter with the Partner. This does not limit any right the Customer has under these Terms or by law.

9. Refusal and changes by a Partner

9.1 A Partner may refuse or stop a Service if the Customer or any person on the Booking does not meet the requirements in the Listing policy, declines to sign a document stated in the Listing policy under 2.5, or is violent, seriously intoxicated or endangers others. Such a refusal shall be treated as a no-show.

9.2 If the Customer declines to sign a document required by a Partner that was not stated in the Listing policy, the Company shall refund the amount paid for that Service in full.

9.3 A Partner may make minor changes to a Service where safety or circumstances beyond its control so require.

9.4 The vehicle, driver or guide for a Booking may be replaced with one of a similar kind or equivalent value.

10. Reviews

10.1 The Customer may review a Service after it has taken place. A review shall be honest and relate to the Customer's own experience, and shall not contain abusive content, the personal data of others or advertising.

10.2 The Company checks reviews before publishing them and may, at its sole discretion, decline or remove a review that does not comply with 10.1. The Company shall not remove a review solely because it is negative.

10.3 By submitting a review, including any photos or videos, the Customer grants the Company a non-exclusive, worldwide and royalty-free licence to publish and display the review on the Website, and to resize, compress and add the Company's name or mark to any photos or videos for that purpose, under the Customer's first name and the initial of their last name (or a non-identifying name such as "Verified traveller" once the Customer's personal data has been anonymised), until the Customer asks the Company to remove it. The Customer confirms that they have the right to grant this licence.

11. Use of the Website

11.1 The Customer shall not scrape the Website, make false or speculative Bookings, attempt to breach its security, or interfere with its operation.

11.2 All content on the Website, including text, images, logos and the name "Guide and Drive", belongs to the Company or its licensors. The Company grants the Customer a limited, non-transferable licence to view the Website and to use it to make Bookings for personal, non-commercial purposes. No content may be copied, reused or distributed without the Company's prior written permission.

11.3 The Website may contain links to third-party websites. The Company does not control and is not responsible for those websites or their content.

11.4 The Company aims to keep the Website available and accurate but does not guarantee that it will be uninterrupted or error-free. The Company may, at its sole discretion, change or withdraw any content or feature of the Website.

12. Liability and indemnity

12.1 The Company is responsible for its own services under these Terms, including taking payment, confirming Bookings, and handling changes, complaints and refunds. The Company's total liability for a Booking shall not exceed the price paid for that Booking.

12.2 The Partner is responsible for the performance of the Service. If the Customer has a claim concerning the performance of a Service, the Company shall, on request, give the Customer the Partner's identity and shall assist the Customer in pursuing the claim.

12.3 Clauses 12.1 and 12.4 shall not limit liability for death or personal injury caused by the Company's negligence, for fraud or gross negligence, or where the law does not permit such a limit.

12.4 The Company shall not be liable for loss caused by the Customer's own acts or breach of these Terms, or for loss that was not reasonably foreseeable at the time of the Booking. The Company shall not be liable for indirect or consequential loss, including missed flights or other onward travel and additional accommodation costs.

12.5 The Customer shall indemnify the Company against any loss, damage or cost, including reasonable legal fees, arising from the Customer's breach of these Terms or misuse of the Website.

12.6 Nothing in these Terms excludes or limits any right of the Customer that cannot be excluded or limited under Indonesian law.

13. Force majeure

13.1 If a Service cannot take place because of an event beyond the reasonable control of the Company and the Partner, including but not limited to natural disaster, extreme weather, government order or epidemic, the Company shall either offer another date or a replacement Service of a similar kind or equivalent value, or refund the amount paid in full. If the Customer declines another date or a replacement, the Company shall refund the amount paid in full.

14. Personal data

14.1 The Company's Privacy Policy explains how the Company uses personal data.

15. Complaints

15.1 Complaints shall be sent to hello@guideanddrive.com or WhatsApp +62 851 9099 7968, together with the booking reference.

15.2 The Company shall reply to a complaint within 3 business days and shall aim to resolve it within 30 days of receiving it.

16. Governing law and disputes

16.1 These Terms shall be governed by the laws of the Republic of Indonesia.

16.2 If a complaint is not resolved under section 15, the dispute shall be brought before the Denpasar District Court, which shall have exclusive jurisdiction, except where the law gives the Customer the right to bring it before another court or a consumer dispute settlement body (Badan Penyelesaian Sengketa Konsumen).

17. General

17.1 In these Terms, "including" and similar words shall be read as "including but not limited to"; headings are for convenience only and do not affect interpretation; and the singular includes the plural and vice versa.

17.2 Times of a Service stated in these Terms, the Listing policy and the Booking confirmation are local time in Bali (WITA, UTC+8). Where the Website shows a time together with a time-zone offset, that offset applies.

17.3 If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force.

17.4 These Terms, the Listing policy, the Booking confirmation and any document signed with a Partner under 2.5 form the entire agreement for a Booking.

17.5 The Company may assign or transfer its rights and obligations under these Terms to another entity, provided that the Customer's rights are not reduced.

17.6 A failure or delay by the Company in enforcing any right under these Terms shall not constitute a waiver of that right.

17.7 The Customer agrees to receive messages about their Booking by email and WhatsApp at the contact details given. The Company sends notices about a Booking to the email address given by the Customer or by WhatsApp to the phone number given by the Customer.