Standard Business Terms and Customer Information

I. General Terms and Conditions for the Organisation of Boat Tours

1. Fundamental provisions 
   1. The following General Terms and Conditions shall apply to all contracts that you conclude with us as a broker (Indocruis UG (haftungsbeschränkt), Hensenstraße 142, 48161 Münster, Germany, Amtsgericht Münster HRB 22088) via the website https://www.indocruis.com/. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby expressly rejected.
   2. Our brokerage services are aimed at customers around the globe.
   3. We operate the website https://www.indocruis.com/ as an intermediary platform on which boat tours are offered online by local providers.
   4. Our General Terms and Conditions shall apply to all visitors and users of our website https://www.indocruis.com/. They shall also apply to all our brokerage services offered on this site.
   5. A consumer within the meaning of the following provisions is understood as any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial (or independent professional) activity. An entrepreneur is understood as any natural or legal person or a partnership with legal capacity who or which – when entering into a legal transaction – acts in exercising his or its independent professional or commercial activity.
2. Subject of the contract
   1. The subject of the contract pertains to the free brokerage of boat tours in Indonesia, which are concluded between you and a third party provider (hereinafter “provider”), the so-called main contract. The contract for the provision of the boat tour shall be concluded exclusively directly between you and the provider (“service agreement”). The content of the main contract results from the respective service description of the provider.
   2. When you book a boat tour, a contract is concluded between you and the provider. We do not offer any services ourselves, but merely arrange them. We shall not become a contractual partner in the process.
   3. The service agreements shall be concluded by us on behalf (and for the account) of the providers. We are commissioned by the provider of the boat tour to conclude the contracts directly between you and the provider, as well as for the account of the provider.
   4. We remain authorised by the provider to collect payments from you.
   5. We receive a commission from the provider for organising the boat tours.
   6. On our website, we only offer the opportunity to submit non-binding enquiries to us, or the service provider as part of a referral. The main contract for the boat tour shall not be concluded with us, but with the provider itself. We shall not enter into this main contract at a later date. We shall not accept any declarations of intent pertaining to the main contract. We also do not guarantee that a contract will actually be concluded between you and the provider. The fulfilment of the main contract shall not be performed by us as an intermediary, but by the respective provider. For the main contract, the relevant statutory provisions shall apply in the relationship between you as the customer and the provider, as well as any deviating contractual conditions of the respective provider.
3. Contract conclusion
   1. Our offers on the website regarding the conclusion of a brokerage contract shall be non-binding.
   2. You have the option of submitting a binding offer via our website by placing the boat tour in the shopping basket by clicking on the “Add to basket” button. After clicking the “Checkout” button, you will be asked for further mandatory information.
   3. By clicking the “Pay now” button at the end of the order process, you shall submit a binding offer for the conclusion of a main contract with the provider, who will then provide the desired boat tour.
   4. After receiving your offer, you will receive an automatic confirmation of receipt. This automatic confirmation of receipt simultaneously serves as the booking confirmation and the acceptance of the offer to conclude the main contract with the provider. You shall receive your ticket/voucher for the boat tour and all relevant information in the booking confirmation.
   5. The contract between you and the provider (main contract) shall not be set out in a separate contract text. The content results from the respective service description.
   6. The processing of the booking and transmission of all information required in connection with the conclusion of the contract is managed on a partially automated basis by e-mail. You must, therefore, ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is ensured from a technical standpoint and, in particular, that it is not prevented by the use of SPAM filters.
4. Utilisation agreement
   1. By using the website https://www.indocruis.com/, you conclude a licence agreement with us free of charge.
   2. We hereby reserve the right to amend our General Terms and Conditions at any time, and to make further use dependent on acceptance of the amended General Terms and Conditions.
5. Registration
   1. You have the option of registering a user account on our website https://www.indocruis.com/. 
   2. Registration is not a prerequisite for booking a boat tour.
   3. In your user account, you can view your boat tours you have and any programme details.
6. Prices
   1. The price offered in the service description (“offer price”) shall apply to the boat tours. The amount you pay for the boat tour (“booking price”) shall be understood as the quoted price, less any applicable discounts.
   2. Unless otherwise agreed, the price for the service must be paid immediately upon booking.
   3. As a commercial agent, we shall be authorised to receive the booking price (the invoiced amounts) in the name (and on behalf) of the provider. Upon successful payment to us, your payment obligation to the provider is fulfilled.
   4. The prices for the boat tour include the applicable VAT and are shown in EUR (€).
   5. If receivables are to be paid in a currency other than your national currency (foreign currency receivable), we can – in our function as a commercial agent – demand payment in your national currency and convert the foreign currency receivable at the current exchange rate at the time the contract is concluded.
   6. We act as your point of contact for questions relating to payment processing. Please also note our cancellation conditions (Clause 9 of these General Terms and Conditions).
   7. The booking price does not include insurance.
7. Service provision
   1. We are obligated to organise the boat tour as described in the service description. We shall provide the brokerage service personally, as well as to the best of our knowledge and belief.
8. Realisation of the boat tour
   1. The boat tour you have booked shall take place without a minimum number of participants. The maximum number of participants per boat tour shall be limited to 37.
   2. You shall receive detailed information on the procedure well in advance of the booked date (i.e. at least 3 working days). 
   3. The journey to the starting point (starting point of the boat tour) must be organised independently.
   4. If you wish, you can also arrange a collection with the provider. Collection is not included in the booking price, and must be arranged individually by you with the provider. You shall receive the telephone number of the provider with the booking confirmation, with which you may then contact them. Alternatively, you may issue your consent to transmit your telephone number to the provider during the booking process; in this case, the provider will contact you regarding the collection.
   5. The boat tour may be cancelled at any time due to bad weather conditions. In this case, we shall endeavour to inform you of the cancellation as early as possible. In the event of a cancellation due to bad weather conditions, you shall have the option of arranging an alternative date or having the booking price refunded by us.
   6. Agreeing an alternative date must be made through us.
   7. The boat tour may be cancelled at any time due to special circumstances (e.g. broken boat). In such a case, you shall receive a full refund of the booking price from us.
9. Right of retention
   1. You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
10. Warranty
    1. Statutory warranty rights shall apply.
11. Liability
    1. We shall be liable without limitation for damages resulting from injury to life, body or health arising from (or in connection with) the fulfilment of our contractual obligations towards you (“brokerage service”). Furthermore, we shall be liable without limitation in all cases of wilful intent and gross negligence.
    2. If the essential contractual obligations (“brokerage service”) are affected, liability for slight negligence shall be limited to the foreseeable damage typical for the contract. The term “material contractual obligations” pertains to those obligations that arise from the nature of the contract, and whose breach would jeopardise the achievement of the contract purpose, as well as obligations that the contract imposes on the provider according to its content, in order to achieve the contract purpose, the fulfilment of which renders the proper execution of the contract possible in the first place, and on compliance with which you may regularly rely.
    3. In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is hereby excluded.
12. Choice of law, place of fulfilment, place of jurisdiction 
    1. German law shall apply. In cases involving consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of state law for the consumer’s habitual residence is not thereby withdrawn (principle of favourability). If you are a resident of a European Union country, these General Terms and Conditions, as well as any dispute that may arise between you and us, shall be governed by the laws of that country.
    2. If you are located in a country outside the European Union, these General Terms and Conditions, as well as any dispute that may arise between you and us, shall be governed by German law.
    3. The place of fulfilment for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office, if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is not known at the time any legal action is brought. This shall not affect the right to appeal to the court at another statutory place of jurisdiction.
    4. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
13. Data protection
    1. Our privacy policy shall apply, available at https://www.indocruis.com/data-protection-declaration/. You can find detailed information on exercising your data protection rights in our privacy policy.

II. Customer information

1. Identity of the seller

Indocruis UG (haftungsbeschränkt)
Hensenstraße 142
48161 Münster
Germany
Amtsgericht Münster HRB 22088
Phone: +62 822 4791 0683 
E-Mail: support@indocruis.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the conclusion of the contract
The steps required for the conclusion of contract (including the act itself) and any correction options shall be performed in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage
3.1. The contract language shall be English.
3.2. The complete text of the contract is not stored by us. Before sending the order or an enquiry, the contract data can be printed out or saved electronically using the browser’s print function. After we have received your order, the order data, the information required by law for distance selling contracts and the prevailing General Terms and Conditions shall be sent to you again by e-mail. You shall receive the information required by law for distance selling contracts and other contractual documents from the service provider separately.
3.3. In the case of requests for quotations outside the online shopping basket or enquiry system, you shall receive all contractual data as part of a binding offer in text form, e.g. by e-mail, which you may then print out or save electronically.

4. Key features of the service
The key features of the service can be found in the respective offer.

5. Prices and payment methods
5.1. The prices quoted in the respective offers shall be understood as total prices. They shall include all price components including all applicable taxes.
5.2. Unless otherwise agreed, you shall have the following payment options:
- Payment via PayPal
- Payment via PayPal Checkout
- Payment via Stripe
- Credit and debit card

5.3. Unless otherwise stated in the respective offer or in the online booking process, any payment claims arising from the concluded contract shall become due for payment immediately.
5.4. If delivery is made to countries outside the European Union, further costs may be incurred for which we shall not be responsible – such as taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which shall be borne by you.
5.5. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.6. The provision of services shall be free of charge for you. The provider hereby bears the commission payments in the event of a successful brokerage. 
5.7. The payment methods available to you are shown under a correspondingly labelled button on our website, or in the respective offer.

6. Statutory liability for defects
Statutory warranty rights shall apply.

Right of cancellation for consumers

(A consumer is understood as any natural person who enters into a legal transaction for purposes that fall predominantly outside his trade, business or profession)

I. Cancellation policy

Right of cancellation

You shall have the right to cancel this contract within fourteen days without stating any reason.

The cancellation period shall be fourteen days from the day the contract is concluded.

In order to exercise your right of cancellation, you must inform us (Indocruis UG (haftungsbeschränkt), Hensenstraße 142, 48161 Münster, Germany, Amtsgericht Münster HRB 22088, Phone: +62 822 4791 0683, E-Mail: support@indocruis.com) of your decision to cancel this contract by way of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

In order to meet the cancellation deadline, it shall be sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you – including the costs of delivery (with the exception of those supplementary costs resulting from your choice of delivery type other than the least expensive type of standard delivery offered by us) – without undue delay and, in any event, not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we shall use the same means of payment that you selected for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

Should you have requested that the services in question – for which a price is to be paid – should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of those services already rendered up to the time at which you inform us of your exercising of your right of cancellation with regard to this contract, when compared to the total scope of the services envisaged in the contract.

Exclusion of the right of cancellation

The right of cancellation shall be excluded by law in the case of distance selling contracts for the provision of services in connection with leisure activities, if the contract in question provides for a specific date or period for the provision of a service.

This shall also include the boat tours organised by us. However, we voluntarily offer you the possibility to cancel your ticket up to full five days prior to your activity date with a cancellation fee of 5€. For cancellation within five days of the activity date we voluntarily refund 50% of the paid ticket price. 

Please notice that any kind of refund usually takes two to five working days to be processed. However, in some cases refunds might take up to two months to be processed.

_______________________________

Sample cancellation form

(If you wish to cancel the contract, please complete this form and return it to us)

- To Indocruis UG (haftungsbeschränkt), Hensenstraße 142, 48161 Münster, Germany, E-Mail: support@indocruis.com: 

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/

  the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification in paper form)

- Date

(*) Delete as appropriate.