PT Sukses Makmur Digital (“YukStay”), through this web site and the related web sites contained herein, provides an online platform where all types of temporary accommodation (hotel, motel, guesthouses, apartments, and others) can advertise their rooms for Reservation, and site visitors can make an offer on those accommodations (each a “Property”).
The use of this Site is conditioned on the user’s (“User(’s)” or “You(r)”) acceptance of the terms and conditions and notices (collectively the “Terms”) set forth herein and on other pages of the Site.
BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USING THE SITE AND LEAVE THE SITE IMMEDIATELY.
1. “Confirmation Email” is defined in Clause 14.1(b).
2. “Offer” is defined in Clause 14.1(b).
3. “Owner” is defined in Clause 10.
4. “Property” is defined in first paragraph of this Site.
5. “Reservation” is defined in Clause 14.1.
6. “Site” means this web site and the related web sites contained herein.
7. “Terms” is defined in first paragraph of this Site.
8. “YukStay” is defined in first paragraph of this Site.
9. “User(’s)” is defined in first paragraph of this Site.
10. “You(r)” is defined in first paragraph of this Site.
11. “Lease Agreement” is defined in Clause 14.2 (a).
12. “Property Rules” is defined in Clause 14.6.
To use the services of this Site, You must have the legal capacity to form legally binding contracts under applicable law. By using this site, you represent and warrant that you are:
• Of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site;
• Legally authorized to make the Reservations and purchases for either Yourself or for another person for whom You are authorized to act.
You may only use this site to make legitimate reservations or purchases on behalf of yourself or others and shall not use this Site for any other purposes.
The trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights contained and referenced to in this Site are the properties of YukStay and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of YukStay and other parties is granted to or conferred upon You. Any reproduction or use of any of the contents of this Site without the express written consent of YukStay is prohibited.
Any ideas, comments, suggestions or other information submitted by You to YukStay on improvements to the site or services related to the site (collectively, the “Feedback”) shall be deemed, and shall remain, YukStay’s property. None of the Feedback shall be subject to any obligation of confidentiality on YukStay’s part and any third party rights, including moral rights in such content.
YukStay provides the Privacy Statement so you will be informed about use of information YukStay collects at this Site. You hereby acknowledge and agree that You have read and consent to the terms of the Online Privacy Statement at the following link: Privacy Policy, which is incorporated by reference herein.
YukStay may, but has no obligation to, monitor and review information You transmit over the Site. YukStay may censor, edit, remove or prohibit the transmission or receipt of any information that YukStay deems inappropriate or in violation of these Terms, and use any such information as necessary to provide the Site or to protect the rights or properties of YukStay. YukStay may also monitor and review stored information without restriction.
YukStay will know passwords that you use to access the site and you are solely responsible for maintaining the confidentiality of your information and passwords, and accept responsibility for all activities that occur under Your account or password. YukStay takes no responsibility and assumes no liability for any content posted or submitted by you or any users of Your account.
This Site includes links to other web sites which are provided by YukStay solely as a convenience to You and for informational purposes only. YukStay has not reviewed all of the information on these other web sites and in no way endorse, support or approve the content, advertisements, products, services, policies or other materials on or available from such web sites. Neither YukStay, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites.
Property descriptions posted on this Site are the representations of the owner (“Owner”) of the Property. They may contain technical inaccuracies or typographical errors or omissions and YukStay is not responsible for such errors. Advertised prices and specifications are subject to change without notice. YukStay reserves the right to make changes, corrections and improvements to the Site, and to the products and programs described in such information, at any time without notice.
YukStay is not responsible for:
• communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications;
• incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
YukStay may cancel or modify Reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the Reservations contain or resulted from a mistake or error.
YukStay is not responsible for any damages that may arise as a result of any Property bookings You request or make on this Site which are not processed or accepted for any reason.
YukStay is not responsible or liable in any way for:
• Injury, loss or damage to your computer or interception or use of credit card information or other personally identifiable information, related to or resulting from use of the site or any sites linked or associated with this site;
• The confidentiality of any information, (including without limitation credit card information, personally identifiable information, email address, phone number, etc).
• Any damages that may arise from disclosure of such information.
YukStay makes no warranty or representation regarding confidentiality of any commnication or information transmitted on this site or any website linked to this site to the fullest extent permitted by law.
In order to offer the services related to this Site, and fulfil Reservations or orders users place on this Site, YukStay may use third party suppliers who are independent contractors, and not agents or employees of YukStay.
• The acts, errors, omissions, representations, warranties, breaches or negligence of any such third party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from the use of such suppliers;
• Any delay, cancellation, overbooking or other causes beyond YukStay’s direct control, and YukStay has no responsibility for any additional expenses resulting therefrom.
In addition to the other terms and conditions specified on this Site regarding the Properties, the following general terms and conditions apply to reservation (“Reservation”) of a Property on this Site:
1. YukStay acts as an intermediary between You and the Owner;
2. when You make offer (“Offer”) for a Reservation, YukStay will send the details of Your Offer to the Owner of the Property of Your choice, and if Your Offer is accepted by the Owner, YukStay will send you a confirmation email (“Confirmation Email”) for and on behalf of the Owner;
3. once the Owner has accepted Your Offer, YukStay will email You the Reservation details;
4. Your credit card will be automatically charged for the relevant deposit when Your Offer is accepted by the Owner;
5. If Your Offer is rejected by the Owner, YukStay will not charge Your credit card;
6. You can make up to 20 failed Offers per day;
7. cancellation policies and other information about specific Reservations and properties may vary by Property and by the type of Reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the “Terms & Additional Charges” section on the Property reservation section of the Site;
8. if you plan to travel with your pet, we recommend that You ensure that the Owner does, indeed, accept pets. YukStay accepts NO RESPONSIBILITY for an individual Property’s pet policy.
If You make an Offer for a Reservation for a period of more than 30 (thirty) days then:
1. after you receive a Confirmation Email, you are required to enter into separate lease agreement (“Lease Agreement”) with the Owner;
2. after the signing of Lease Agreement, YukStay will send the Reservation Details to you by email.
For Property with a “24 hours” icon, the Owner will respond to Your Offer within 24 hours and if there is no response to Your Offer within that time period, Your Offer will become lapse at the end of the period.
For Property that allows “Instant” confirmation, Your Offer will be confirmed and email confirmation regarding Your Reservation will be sent to You and the Owner. Depending on Your method of payment, your booking will be confirmed when:
1. The required deposit for Your Reservation has been successfully charged to Your credit card; or
2. Your bank transfer of the deposit has been received by verified by YukStay.
Your Offer is considered as having been accepted upon You receiving the Confirmation Email. If the Owner fails to provide the Property rooms after a Reservation has been confirmed, YukStay will recommend an alternative Property of similar standard and available occupancy. If You does not agree with the alternative accommodation suggested, YukStay will provide You a full refund of Your Deposit in 5 - 10 days and You agree that this is Your sole remedy against YukStay and the Owner.
Your use of Your reserved Property shall be subject to these Terms, YukStay’s Property Rules which can be found at the following link: Property Rules, and any other rules and regulations which are made and notified by the Owner, either in writing or orally, including its additional and/or amendment thereof.
YukStay only accepts payments made in Indonesian Rupiah (IDR) and all rates confirmed in currency other Rupiah (IDR) may be converted to Rupiah (IDR) at Your Offer, based on the then prevailing exchange rate and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within YukStay’s control and may impact the amount charged to Your credit card. Prices quoted in currency other than Rupiah (IDR) on the Site and other linked web sites are for indication purpose only.
In its sole discretion, in addition to any other rights or remedies available to YukStay, and without any liability whatsoever to User, YukStay, at any time and without notice, may terminate or restrict User's access to this Site and any related services.
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
Additional terms and conditions may apply to Reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
If YukStay takes any action to enforce these Terms, YukStay will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which YukStay may be entitled.
YukStay may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use or posting on this Site shall be deemed Your acceptance of the changed Terms.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. YukStay HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
IN NO EVENT SHALL YukStay, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY YukStay OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
IN THE EVENT YukStay IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to indemnify and hold YukStay and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of these Terms or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. YukStay's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
YukStay shall be released from the responsibility to perform its obligations, if the failure to perform its obligations is due to events beyond the will, power and control of YukStay including but not limited to: riots, war, rebellion, natural disaster, epidemics, changes in laws and regulations, and other causes beyond the control of YukStay.
The parties hereby agree to expressly waive the provisions of Article 1266 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) to the extent that the parties agree not to seek any approval from the courts nor require the other Party to seek any approval from the courts in order to effectuate the termination of these Terms.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the Republic of Indonesia.
In order to comply with Law No. 24 of 2009 on National Flag, Language, Emblem and Song, these Terms has been made in English language. The Indonesian language version of these Terms has been prepared and could be found at the following link: Indonesian language version. Both the Indonesia language and English language versions are valid, however in the event of any inconsistency between the Indonesia language and English language versions, the English language version shall prevail and the Indonesia language version will be amended to conform with the provisions in the English language version of these Terms.
These Terms, together with those incorporated herein or referred to herein (including, without limitation, the Privacy Statement) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.