1. GENERAL TERMS OF USE

1.1 TERMS

Archipelago International and its affiliates, properties and property owners (collectively, ‘Archipelago’ or ‘us’ or ‘we’) require that all visitors to this website adhere to the following terms and conditions of use (these ‘Terms’). These Terms govern your use of our online services, any content or information therein, the

www.archipelagointernational.com
www.astonhotelsinternational.com
www.alanahotels.com
www.kamuellavillas.com
www.harperhotels.com
www.questhotels.com
www.neohotels.com
www.favehotels.com
www.nomadhostels.com

websites, any subdomains of such websites, and any other website pages on which services are provided by us (collectively, the “Website”). By accessing and using the Website, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Website (your “Company”), to be bound by and comply with these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you shall not be authorized to use the Website.

1.2 CHANGES TO THESE TERMS AND THE WEBSITE

We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect you. Your use of the Website constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Website or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Website (all such materials, and any compilation, collection, or arrangement thereof, collectively the ‘content’).

1.3 PRIVACY POLICY

Information that you provide to us or that we collect about you and your Company through your access to and use of the Website is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms.

1.4 INTELLECTUAL PROPERTY

You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Website and all of the content. You acknowledge and agree that the content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws, and that you acquire no ownership interest by accessing or using the Website or the content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Archipelago International or its licensors and content providers.

1.5 COPYRIGHT

If you believe in good faith that any content has been copied in a way that constitutes copyright infringement, you may forward the following information to Archipelago International, Wisma Staco, 3rd Floor, Suite 100, Jl. Casablanca, Kavit 18, Jakarta 12870, Indonesia together with your contact information,including your name, address, telephone number, and email address, identification and description of each copyrighted work that you claim has been infringed, the exact URL or location of the material that you claim is infringing, a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest  and a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

1.6 LICENSE TO ACCESS AND USE

You may access and use this Website only for your personal use (or, if accessing the Website on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Website or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that Website or Content is appropriate or available for use in your location. A reference to a product or service on the Website does not imply that such product or service is or will be available in your location. The content of the Website, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

You may not access, use, or copy any portion of the Website or of the content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Website or the content or any access to or use of the Website or the content.

1.7 RESTRICTIONS ON ACCESS

You represent and agree that all information that you provide to us in connection with your access to and use of the Website is true, accurate, and complete to the best of your knowledge and belief. We reserve the right, in its sole discretion, to terminate your access to all or part of the Website, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Archipelago International, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Website. You may not access the Website after your access is terminated without our written approval. After terminating your access, we will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of content will remain in full force.

1.8 USER CONDUCT

In connection with your access and use of the Website and that of any person authorized by you to access and use the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Website, neither you nor the Company may cause or permit any person to do any of the following:

a. use the Website or Content for any unlawful purpose;

b. use the Website to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

c. impose an unreasonably or disproportionately large load on the Website or otherwise interfere with or inhibit any other user of this Website from using or enjoying the Website;

d. use the Website to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information or communication of any kind;

e. use the Website to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and

f. use the Website to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

You will be financially accountable for all uses of the Website by you and anyone using your password and login information.

You may only use the Website to make legitimate reservations or purchases in good faith for use by you and your invited guests only. You may not use the Website to make reservations for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

1.9 PROMOTIONAL AND OTHER INFORMATION

We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Website. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Websites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Website in connection with each program, offer or promotion.

This Website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to the Website, and to the products and programs described on the Website, at any time without notice, including after confirmation of a transaction.

1.10 SUBMISSIONS

By disclosing or offering any information to us, including comments, photos, event details, computer files, documents, graphics, suggestions, ideas, feedback or other information (each, a “Submission”), either through your use of the Website or otherwise, you authorize Archipelago International to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Website. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Archipelago International an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sub licenses of the foregoing.

By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.

You agree that we have no obligation to, but may monitor and review information you transmit over the Website. You agree that we may censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these Terms, and use any such information as necessary to provide the Website and/or to protect our rights or properties. You agree that we may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

1.11 SECURITY

Archipelago International takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Website. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Website. You agree to notify us immediately if you discover loss or access to such information by another party not under your control and supervision. We will not be liable for any loss or damage arising from the unauthorized use of your username or password.

You agree that neither we nor any property owners or other providers of products or services related to this Website are 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 Website or any sites linked or associated with this site.

Archipelago International makes no warranty or representation regarding of confidentiality of any communication or information transmitted on this Website or any site linked to this Website. you agree that neither us, nor any other property owners or providers of products or services related to this Website, are responsible for the confidentiality of any information, (including without limitation credit card information, personally identifiable information, email address, phone number, etc.), and neither we, nor any other property owners or providers of products or services related to this Website, are responsible for any damages that may arise from disclosure of such information.

1.12 TRADEMARKS

You may not, without our express written permission, use any Archipelago International trademarks or service marks for any purpose. We may grant, deny, or revoke any such permission in our sole discretion.

1.13 HYPERLINKS

This Website may include hyperlinks to other websites which are not maintained by Archipelago International. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Archipelago International of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Website. If you decide to access any external website through a link within our Website, you do so entirely at your own risk, and we will have no liability for any loss or damage arising from your access or use of any external website. Since we do not endorse and are not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Website are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

If you link to the Website, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Website may be used in a manner that implies or suggests that Archipelago International approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Website. We may at any time, in our sole discretion, with or without cause, withdraw your right to link to any pages on the Website. Upon our request, you agree to immediately remove all hyperlinks to the Website. Thereafter, your posting of any future hyperlinks to the Website will require our express written permission.

1.14 PROPERTY RESERVATIONS GENERAL TERMS

In addition to the other terms and conditions specified on this Website regarding our properties, the following general terms and conditions apply to reservations booked on this Website.

a. Cancellation policies and other information about specific room 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 booking engine section of the Website, once you have entered check-in dates and selected a room type.

b. Rates are in local currency and credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within our or the property’s control and may impact the amount charged to your credit card.

c. Reservations made by one or more individuals or by an agency on the Website, on behalf of one or more proposed guests, and involving more than ten (10) rooms at the same property for the same period of stay are considered ‘Groups’ and must be done directly through the property (our sales representatives will be happy to assist you). If more than ten (10) rooms at the same property for the same period of stay are booked through any other method, we reserve the right to impose additional requirements on such reservations.

d. Requests for specific features such as bedding type or non-smoking rooms are simply that, and while most properties will strive to honor your requests, neither we nor the property guarantee that your request will be honored.

1.15 TRAVEL DESTINATIONS

Travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by your Government prior to booking travel to any destination. Neither we, nor any other property owners or providers of products or services related to this Website represent or warrant that travel to, or accommodations in, destinations where services are offered via this Website is advisable or without risk, and are not liable for damages or losses that may result from travel to, or staying in, such destinations.

1.16 CONDOTELS

Any Condotel or Apartment units being sold under any of our brands are not owned, developed, or sold by P.T. Archipelago International Indonesia. Developers are granted permission to use our trademarks under license from P.T. Archipelago International Indonesia.

1.17 DISCLAIMER

The use of this Website by you and your company is at your and its sole risk. Accordingly, the Website and the content are provided ‘as is’ and ‘as available’, without warranties of any kind, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all such warranties are expressly disclaimed and excluded, to the fullest extent permitted by law. Specifically, Archipelago International and its property owners and content-providers do not warrant that: (a) the use of this Website or any third party site will be uninterrupted or error-free; (b) that the use of this Website or any such third party site will allow you to obtain any particular results whatsoever; (c) the content or any information, service or merchandise provided through this Website or any third party site are or will be accurate, current, complete, reliable, or of any particular value or quality; (d) that any defects in the Website or in the content will be corrected; or (e) that the Website and the content are free of viruses or other disabling devices or harmful components.

1.18 LIMITATION OF LIABILITY

In no event will Archipelago International or its affiliates, property owners, contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the ‘Archipelago International Parties’), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Website or the content; (b) the Archipelago International Parties’ performance of or failure to perform their obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Website or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

Under no circumstances will the Archipelago International Parties be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, loss of contracts; loss of anticipated savings; wasted management or office time; claims of third parties, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise) arising out of or in connection with these Terms or the use of the Website or the content, or the transmission of information to or from the Website over the Internet, even if they were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the Archipelago International Parties will be limited in accordance with these Terms to the extent permitted by law.

1.19 INDEMNIFICATION

You agree to defend and indemnify the Archipelago International Parties and their officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Website; (b) your access to and use of the content, the Website, and other materials, products, and services available on or through the Website and the Archipelago International Parties; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

1.20 JURISDICTION

These Terms will be construed and enforced in accordance with the laws of the Republic of Indonesia. You and your Company expressly consent to jurisdiction and venue in the courts of Indonesia.

1.21. OTHER

1.21.1 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

1.21.2 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Website.

1.21.3 These Terms do not confer any rights, remedies, or benefits upon any person other than you.

1.21.4 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

1.21.5 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

1.21.6 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

1.21.7 Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities.

1.21.8 Discontinuation of use of this Website is your sole right and remedy for any dissatisfaction with the Website or any of the content.

1.21.9 If we take any action to enforce this agreement, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.

1.22 OTHER AGREEMENTS

If you have entered into a separate agreement with Archipelago International with respect to your use of the Website or any content, that agreement will supersede these Terms to the extent they are in conflict.

1.23. ACKNOWLEDGEMENT

By accessing and using the Website, you agree to be bound by these terms.

2. GENERAL PRIVACY POLICY

This Privacy Policy entails the privacy practices of Archipelago International for all personal data we collect from you through:

  • All websites operated by us 

  • All applications (‘apps’) made available by us 

  • All social media pages controlled by us

  • Email messages we send you and you send us

  • Your visits and stays as our guest at any of our properties

Collectively, we refer to all the above as our ‘services’ and by using our services, you agree to our terms and conditions.

2.1 THE PERSONAL DATA WE COLLECT FROM YOU

‘Personal Data’ is data that identify you as an individual or relate to an identifiable individual.

We may collect the following types of personal data in both, online and offline context, when you use any of our services:

  • Name

  • Gender

  • Date and place of birth

  • Nationality, passport, government-issued ID, visa

  • Residential address

  • Billing address

  • Telephone number

  • Email address

  • Credit and debit card number or other payment data

  • Financial data

  • Language preference

  • Marital status

  • Travel itinerary data

  • Dates such as birthdays, anniversaries etc.

  • Personal preferences

  • Geolocation data

  • Social media data, including account name, photos etc.

  • Video and audio data recorded through our security cameras located in public areas

  • Web-specific data, incl. IP address, location, MAC address, pages visited, referring links etc.

2.2 HOW WE COLLECT YOUR PERSONAL DATA

We may collect personal data through:

  • Our or affiliate websites

  • Reservation process

  • Check In and check out process

  • Email communication

  • Social Media posts

  • Surveys

  • The various touchpoints at our properties

  • Web-based sources, including browser, cookies, Google Analytics etc.

  • Other sources

2.3 HOW WE USE YOUR PERSONAL DATA

Data may be used to:

  • Provide services to you, whether requested or not

  • Develop new services

  • Respond to your requests

  • Conduct data analytics that help us operate and monitor our business and improve our services

  • Manage risk

2.4 DISCLOSURE OF YOUR PERSONAL DATA

Data may be disclosed:

  • To fulfill the purpose for which you provided it

  • To owners and franchisees

  • In the event of a corporate reorganization, including merger, sale, joint venture, assignment, transfer etc., in which case the data may be transferred to a third party

  • To comply with any court order, law or legal process, including a response to a government or regulatory request

  • For billing and collection purposes

  • To protect the rights, property and safety of our business, our customers, our owners, our employees and others

2.4 DISCLOSURE OF YOUR PERSONAL DATA

Data may be disclosed:

  • To fulfill the purpose for which you provided it

  • To owners and franchisees

  • In the event of a corporate reorganization, including merger, sale, joint venture, assignment, transfer etc., in which case the data may be transferred to a third party

  • To comply with any court order, law or legal process, including a response to a government or regulatory request

  • For billing and collection purposes

  • To protect the rights, property and safety of our business, our customers, our owners, our employees and others

2.5 HOW LONG WE RETAIN YOUR PERSONAL DATA

Your personal data only stays with us for as long as necessary to fulfill the purposes it was collected for, e.g. purposes of fulfilling legal, accounting, reporting and other requirements. Only in exceptional cases will we store your data for longer periods of time, for example in the event of legal action or other more complex challenges.

2.6 THIRD PARTIES

This Privacy Policy addresses the use and disclosure of information we collect through our own services. We require third parties to follow the same policies, however we have no control over those and cannot be held responsible for them. Caution is recommended when visiting third parties’ websites and responding to third party emails. 

2.7 CHILDREN

Minors under the age of 18 may not use any of our services without their parent or legal guardian. We do not solicit online data from children under the age of 13. In line with local laws, we do require identification for all guests staying at our hotels, including children of all ages.

2.8 CITIZENS OF THE EUROPEAN UNION

Under the General Data Protection Regulation 2016/679 of the European Union, you have the right to:

  • Request a copy of the personal data that we hold about you

  • Request, that we revise any inaccurate information we hold about you

  • Request that we delete your personal data 

  • Request, that we stop processing your personal data

  • Object to processing of your personal data

  • Request, that your data is transferred to another organization   

  • Withdraw your previously given consent to allow us the processing of your personal data for a particular purpose

To execute any of your above rights, please feel free to contact our Corporate Office:

Archipelago International
Wisma Staco, 3rd Floor, 304
Jl. Casablanca, Kav. 18
Jakarta 12870, Indonesia
Phone: + 62 21 831 8800
Email: datagovernance@archipelagointernational.com

Legal bases for the processing of Personal Data

Processing Activity: Facilitate reservations and payment functions
Legal Basis: Consent; Performance of a Contract

Processing Activity: Support our electronic receipt program
Legal Basis: Consent; Performance of a Contract

Processing Activity: Personalize the Services according to your Personal Preferences
Legal Basis: Consent; Legitimate interests

Processing Activity: Marketing activities, including sweepstakes, activities, events and promotions
Legal Basis: Consent; Legitimate interest

Processing Activity: Data analysis, audits, security and fraud monitoring and prevention
Legal Basis: Legitimate interests

Processing Activity: Product and services development and enhancement research
Legal Basis: Legitimate interest

Transfer of Personal Data from the European Union

Our website is operated from and hosted on servers located in Singapore. However, in order to provide an optimized/fast experience we often will route our traffic and files through a CDN (content delivery network) which tries to serve content to you from the closest available server, which in some cases may be located in a nearby country.  This infrastructure and all processes are all compliant with PCI-DSS Level 1, HIPAA, and ISO 9001, ISO 27001, SOC (1, 2 and 3) to ensure secure delivery of data. Users of our website should be aware that the laws that apply to the use and protection of personal data in Singapore or other countries or jurisdictions to which we transfer, or in which we process, personal data may differ from those of your country of residence. Users who access or use our website from jurisdictions outside of Singapore do so at their own choice and risk, and are solely responsible for compliance with local law. You consent to allow your personal data to be transferred across borders to Singapore or to other countries or jurisdictions in which we or our third-party associates may process personal data.

2.9 CHANGES TO PRIVACY POLICY

From time to time we may change this Privacy Policy without notice. To stay updated with the most current practices, we encourage you to return to our website frequently.