TERMS OF USE

Monkeys Resort Pty Ltd (ACN 619 479 104) (Monkeys Resort, us or our) owns and operates this website. Access to and use of this Website and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by Monkeys Resort from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

BOOKINGS and ACCOMMODATION

Booking Terms

The following Terms of Use govern the contract between all travellers and guests (individually and collectively known as the Guest, you or your), and Monkeys Resort. Bookings may be made through third-party Travel Agents (Agents) who will be facilitating the trip details. In consideration of the booking confirmation and/or booking confirmation issued to you by Monkeys Resort or its Agents along with all good and valuable consideration, all Guests hereby agree to all of the following conditions. The Agents will assist with all questions and guide you with necessary information relating to airfares, accommodation and travel needs. 

Booking Payments

Booking payments can only be made by Credit Card, Cash payments or bank transfers. AMEX is not accepted. All payments will be charged in AUD.  Cash payments and bank transfers are accepted. 

All Bookings require a 30% deposit to secure a reservation (Deposit). There are no reservations or “holds” offered.

Booking payment terms may vary, but the following payment schedule applies to the total booking price:

• Deposit due at time of booking; and
• Balance due 60 days before check-in.

Payment schedules made through the Agents may vary. In the case where the Agents should fail to remit payment to Monkeys Resort for a Guest’s booking in accordance with Monkeys Resort’s payment schedule above, the Guest agrees that Monkeys Resort may charge the Guest’s credit card for the full amount of the booking due, and the Guest agrees not to dispute any such charges. If the Guest’s credit card has insufficient credit, then the Guest agrees to remit any balance due by other reasonable means twenty-one (21) days prior to check-in or the booking may be cancelled. 

Payment confirmations will be sent via email by Monkeys Resort or its Agents. Any payment not made in accordance with the outlined payment terms may be cancelled and the reservation given to the next Guest on the waitlist.

Monkeys Resort reserves the right to charge Guests for any unforeseen additional costs or price fluctuations imposed by suppliers or governmental authorities including any additional tax, duty, levy or other costs at the discretion of Monkeys Resort. The Guests will be informed of any additional costs or price fluctuations before they are incurred.

Onsite Charges

All on-island expenses, including but not limited to, bar, merchandise, spa services, and gratuities are cash or bank transfer only. No credit card services are available at the resort. Indonesian Rupiah is the preferred currency for payment, however, AUD or USD may be accepted at the discretion of Monkey’s Resort. All expenses must be settled prior to departure from the resort. Our staff in Padang may assist with any ATM, banking or exchange services where possible. 

Accommodation in Padang

The Agents will assist with reservations for accommodation in Padang. Hotel costs are the responsibility of the Guest and are not included as part of the Services provided by Monkeys Resort. In the event of any reservation error or double bookings by the hotel, Monkeys Resort assumes no liability for such occurrence. 

Travel Insurance 

Travel insurance is compulsory for the Guest. The Guest is required to submit confirmation of travel insurance prior to arrival. The Guest must ensure that medical evacuation insurance and travel disruption insurance are purchased prior to check-in and must specify that the insurance policy covers COVID-19 related disruptions. All Guests must carry a printed copy of their policy with them to the resort. 

Passport

Upon check-in (or in some cases prior to arrival), the Guest must present a valid Passport. The Guest’s Passport must be valid for at least 6 months from the date you enter Indonesia. The Guests are also required to bring two photocopies of their Passports with them for registration with local authorities.

Postponement, Cancellation and Travel Interruptions

Cancellations by the Guest

The Deposit is non-refundable. If cancellations are made by the Guest within 60 days of check-in, your balance payment is non-refundable. Please ensure you have the relevant travel insurance that may cover you in the case of unforeseen circumstances, including illness or accidents or COVID-19 related circumstances. Some cancellations may be partly refundable at Monkey Resorts discretion, but cancellation charges will apply. Monkeys Resort is unable to provide any refund to you until we receive the funds back from the relevant operators or partners. Fees will also apply when a booking is changed, or tickets/documents are reissued. Bookings may not be transferred to another person. 

Refund Policy

All booking payments are non-refundable. There are no refunds, partial refunds or credits given to the Guest for poor surf, weather, airline-related delays, force majeure, civil disruption or in the event of a later or delayed arrival. In the event of a delayed departure that is not caused by Monkeys Resort, the Guest will be responsible to pay for any additional accommodation, food and travel costs. 

Trip Interruptions

Monkeys Resort accepts no responsibility for any trip interruption, nor will we be expected to cover any expenses due to missed, cancelled or delayed flights or ferries, lost or stolen luggage or later or non-arrival of surfboards or any other luggage.

A Guest who should miss any travel connection due to cancelled, delayed or missed flights will be responsible for any additional charges from any service provider. Guests are required to provide credit card details to be saved on file upon arrival. Any additional charges that are required to be organised by Monkeys Resort will be charged to the Guest’s credit card on file unless other arrangements are made. 

Force Majeure

Monkeys Resort and its Agents shall not be liable for any losses or damages due to events beyond their reasonable control including without limitation: acts or orders of governmental authorities; weather; fire; flood; earthquake; volcanic activity; lightning; airline delays or cancellations for any reason; utility outages; strike, lockout, or work stoppage; terrorism; or any event typically described as “force majeure” or an “act of God.”

Postponement Due to COVID-19

COVID-19 is now a well-known pandemic. If you are unable to travel due to COVID-19 (or similar) related travel restrictions or a Force Majeure event, your trip will be postponed to a later date within a 12-month period.  Where postponement should occur due to COVID-19-related travel restrictions or Force Majeure, any accommodation costs are subject to change by the operator at that time. Prices may fluctuate seasonally throughout the year and pricing may increase due to postponement. Monkeys Resort is not liable for any costs related to accommodation imposed by the resort and such costs will be the responsibility of the Guest.  If Guests do not reschedule their trip within a 12-months period, Guests may forfeit all accommodation and costs.

Disclaimers 

Disclaimer of Liability

1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. 
2. To the fullest extent permitted by law Monkeys Resort hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 
3. This does not affect Monkeys Resort’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Food Allergies and Dietary Requirements 

Monkeys Resort’s food and beverage may include peanuts, tree nuts, seeds, shellfish, shrimp, seafood, soy, milk, wheat, and other potential allergens. Monkeys Resort cannot guarantee that food and beverages will not come into contact with a potential allergen and Guests with food allergies or dietary restrictions should take all necessary precautions. 

All Guests understand that Monkeys Resort may not be able to accommodate individually tailored meal requests or menus specific to Guests based on their dietary requirements. All Guests should contact staff during their registration to inform Monkeys Resort of their individual needs. If Monkeys Resort cannot accommodate you, we reserve the right to cancel your reservation and issue a full refund or transfer of the reservation.

The Guests acknowledge that Monkeys Resort or any of its owners, employees, Agents, partners, insurers and suppliers shall not be held liable, and shall be held harmless, for any injury, illness or loss resulting from a food allergy or dietary requirement.

Insect-Borne Illness

Monkeys Resort operates in a tropical environment and while all precautions are taken including installation of electronic insect repelling devices within the bungalows, the Guest agrees that Monkeys Resort, its owners, employees, Agents, insurers and suppliers are not liable and shall be held harmless, for any injury, illness or loss resulting from exposure to any insect-borne disease or similar tropical illness of any nature. Guests who are pregnant or may become pregnant should seek the advice of a qualified physician prior to travel.

Guests with Disabilities

Monkeys Resort’s buildings, grounds, amenities and Services may not be suitable for Guests with certain disabilities or mobility issues. Certain buildings, rooms, grounds, beaches, boats, amenities, events and Services may not be accessible. Guests who have certain disabilities or mobility issues may encounter difficulties at local airports and with public and private transportation, walkways, buildings, facilities, Services and events. Where a Guest should have a disability or mobility issues, please alert Monkeys Resort or its owners, employees or Agents prior to check-in so that we may attempt to accommodate you.

Damage Charges

Any equipment, rental items, building, or other property that is damaged beyond the normal wear by Guests will be charged to Guests at the replacement or repair cost of the item damaged. In the case of an item being lost by a Guest, the Guest will be charged the cost of replacement. The Guest agrees not to dispute any charge arising from destroyed, damaged or lost property.

Disclaimer as to Ownership of Trade Marks, Images of Personalities and Third-Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Monkeys Resort and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Monkeys Resort. 

Disclaimer as to Incorrect Information

You acknowledge that despite Monkeys Resort’s reasonable precautions, Monkeys Resort’s products and services may be listed at an incorrect price, with incorrect information, or which are unavailable due to an error, unavoidable circumstances or other oversight. In these circumstances, Monkeys Resort reserves the right to cancel the transaction, notwithstanding that your booking has been confirmed and your credit card has been charged.

General

Amendments to Terms of Use

Monkeys Resort may amend these Terms of Use from time to time and it is recommended that you read these Terms of Use carefully each time you agree to them. Amendments will be effective immediately upon reasonable notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Prohibitions

You must not misuse this Website. You will not:

1. 1. commit or encourage a criminal offence;
   2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
   3. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
   4. infringe upon the rights of any other person’s proprietary rights;
   5. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
   6. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offence and Monkeys Resort will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

Right of Refusal

All Guests understand that Monkeys Resort reserve the right to refuse a booking for any reason or remove Guests from the resort and cancel accommodation for any reason with no refund.

Indemnity

You agree to indemnify, defend and hold harmless Monkeys Resort, its directors, officers, employees, consultants, Agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Monkeys Resort or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Monkeys Resort and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Linked Sites

This Website may contain links to other websites (Linked Sites), which are not operated by Monkeys Resort. Monkeys Resort has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

Linking To This Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaint-handling procedure that we will use to try to resolve disputes when they first arise, please let Monkeys Resort or its owners, employees or Agents know if you have any complaints or comments.