Escape Policy (English)

Find the Indonesian version here.

This Policy was last updated on 08 / 11 / 2022

Purpose of Our Information

Our Information is provided solely to assist you in gathering travel information, determining the availability of the Escape tours, making legitimate bookings or otherwise communicating with our Customer Support Agents.
Unless we agree otherwise in writing, you may not use our Information for any other purpose.

Conditions of Making a Booking

As a condition of making a booking, you warrant that:

  • you are at least 18 years of age;
  • you have the authority to create a binding legal agreement with us and the relevant tour operator(s);
  • you will only make bookings for you or for other persons for whom you have authority to make such bookings (Other Persons);
  • you will advise such Other Persons about this policy (as updated by us from time to time) and any other applicable terms that apply to a booking;
  • all information supplied by you (including any information supplied on behalf of Other Persons) in respect of a booking is accurate, complete, and up to date; 
  • and you will comply with our Acceptable Use Policy set out below:
     When accessing our Information you agree not to:

    • use our Information for any commercial purpose;
    • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
    • access, monitor or copy any content or Information using any robot, spider, scraper, or other automated means or any manual process for any purpose without the express written permission of us and any tour operators that owns such content or information;
    • bypass or circumvent measures employed to prevent or limit access to our Information;
    • take any action that imposes, or may impose – in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    • “frame,” “mirror” or otherwise incorporate any part of our Information into any other website or application.

Booking Escape Tours

  • Midstay users that have created an account shall be able to book the Escape tours advertised on the Midstay website.
  • The tour booking is subject to availability, which shall get confirmation from the time user’s purchase is confirmed. The user shall be charged only for the booked tour on the requested dates. Following confirmation, the user shall be charged with the booking and shall receive an email with a confirmation of his/her booking.
  • We are expressly not responsible or liable for any information relating to the tour that is not directly provided on the website.
  • Prices listed on the website are per person unless otherwise specified. Price quotations are subject to change without notice until a booking has been confirmed.
  • Prices do not include gratuities to tour operators, drivers, or other personnel of the tour provider; passport and visa fees; baggage and personal insurance; or any other not listed under “Inclusions” in the Tour description.
  • When a booking is performed for more than one person, the booking shall be considered as performed on behalf of the persons named in the booking and shall imply authorization on their behalf to do so.
  • By booking a tour you acknowledge, agree, and accept to be bound by any additional terms as detailed in the tour’s description at the moment of performing the booking. These additional terms may make tours dependent on weather conditions, and may postpone the commencement of the tour until the additional conditions are fulfilled (e.g. surfing classes for beginners may not be conducted on days of big/dangerous waves; rains may render a tour or activity impossible; so they would be postponed to be performed as soon as possible).
  • If your booking or account shows signs of fraud, abuse, or suspicious activity, we or our tour operators may cancel any travel or service reservations associated with your name, email address, or account, and close any associated accounts. If you have conducted any fraudulent activity, we and our tour operators reserve the right to take any necessary legal action and you may be liable for monetary losses to us and our tour operators, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact us.

Payment

Midstay shall charge 100% of the tour to the user upon booking. This sum shall be displayed before check-out. The user shall not need to pay any additional sums of money for the booked tour.

We accept the following methods of payment: credit cards, debit cards, and popular payment methods around the world.

As may be detailed in the tour description, there may be additional expenses that the user may have to afford outside of the tour price. If the tour operator were to charge additional expenses not described in the tour description, the user shall be entitled to reject those expenses. In order to do so, communication of any such situation is required immediately to Midstay.

When a booking is performed for more than one person, payment shall be considered as performed on behalf of the persons named in the booking and shall imply authorization on their behalf to do so. The user performing the booking on behalf of another user or a third party shall be liable for the no-show (as defined below) of any of the members of the group.

Please note that tax rates and foreign exchange rates could change at any time.

Taxes

You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tour operators invoice us for certain charges, including, where appropriate, tax amounts. The tour operators are responsible for remitting the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges that we charge you on prepaid bookings represent the estimated taxes (e.g. service tax, value-added tax, etc) that we pay to the tour operators for taxes. Taxability and the appropriate tax rate vary depending on the location. The actual tax amounts paid by us to the tour operators may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. 

You acknowledge that authorities in certain countries may impose additional sales, use and/or local taxes, which have to be paid locally. You are solely responsible for paying such additional taxes.

Modifications

Any request for modification, cancellation, no-show, or refund shall be channeled via email to support@midstay.info

The possibility of performing a change to your booking shall depend on the availability of the tour operator for the requested dates. Midstay does not guarantee the success of change requests. We are, however, committed to performing our best endeavors to enable modification requests.

Tour operators may perform changes to tour dates, prices, inclusions, coverage, age requirements, etc. We, therefore, reserve the right to change or substitute the tour requirements or cancel the tour booked through our website, at any time and for any reason, before a booking is performed. Once a booking is performed, the tour operator may still perform changes to tour dates, age requirements, or other items not affecting the price of the booked tour. If this were to occur, we shall make every reasonable effort to amend or re-issue the booking to the users’ satisfaction. If the possibilities offered were not satisfactory, the users shall be entitled to a full refund of the sums paid. This payment shall be final and shall be considered as payment settling any further possibility of a claim for direct or indirect damages.

These terms are applicable to single, or group bookings alike.

Cancellation Policy

Canceling a confirmed booking. Escape tours can be canceled by the user at the latest 48 hours before the tour/ starting date, the user will receive a refund after deducting the platform user fee of 15%. 

Canceling by the tour operator. If a tour is canceled by the operator, we will consult the user to either cancel and refund 100% of the booking or transfer to another operator for the same facility and quality.

Canceling because of inadequate minimum quota. Escape tours can be canceled when it does not reach the minimum quota of the participant. And we will refund 100% of the user’s booking.

  • The user will receive a cancellation notification via email.
  • The refund will be processed within 14 business days.
  • It considers the start time of the tour in the tour time zone.
  • Except for the force majeure conditions, this cancellation clause does not apply. Please check our force majeure clause which is explained in another paragraph below.

Refunds & No-show

For the avoidance of doubt, in case a user did not cancel the tour and failed to be present at the time and place stipulated in his booking (hereinafter a “no-show”), the user shall not be able to claim any reimbursement or seek to modify the booking dates.

In case of a no-show by the tour operator, the user shall have 48 hours to notify us and ask for a refund of the booking fees paid. We shall ask for proof from the user to allow us to investigate the case. And if the claim were to be valid, we shall process the refund pursuant to this policy.

Midstay shall reimburse funds on the last day of each month, for all cancellations performed before the 15th of each month. Cancellations performed after the 15th of each month shall be payable on the last day of the following month. However, Midstay will do the best to issue the refund within 48h from the cancellation request. All transfers to the Users shall be performed via Stripe, according to the payment channel selected at the moment of purchase. Should Midstay refund all or part of an amount paid, any transaction cost arising therefrom shall be for the user’s expense. For any questions relating to exchange rates and conversion fees, we suggest you contact your bank or card company.

Quality Experience Guarantee

Midstay’s commitment to the experiences we offer is absolute. That is why we guarantee that what we advertise is what you get. All of the offered tours have been curated by our staff, and are based on what we believe are true traveling Midstay experiences. In this sense, if an activity does not fit the Midstay lifestyle and mission, it does not become part of our Escape tours portfolio. However, if there is any tour that the user believes did not meet their expectations we commit to investigate this and find the reasons why the user was unsatisfied. This is our way of addressing any possible dissatisfaction of our users and ratifying our commitment to improving our service quality.

Our Liability To You

The tour operators providing tour packages to us are independent contractors, not agents, employees of us, or our group members.

Midstay is not liable for:

  • the acts, errors, omissions, representations, warranties, breaches or negligence of any operators of the Escape tours; or
  • for any personal injury, death, property damage, or other damages or expenses resulting therefore. 

Midstay has no liability and will make no refund in the event of any:

  • delay;
  • strike;
  • force majeure; or
  • other causes beyond our direct control;  

and we have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. 

To the fullest extent permitted by applicable law, in no event shall Midstay be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with:

  • your access to our Information; or
  • the delay or inability to access our Information (including, but not limited to, any computer viruses, information, software, linked sites, and bookings);

whether based on negligence, contract, tort, strict liability, consumer protection law, or otherwise, and even if Midstay have been advised of the possibility of such damages.

Force Majeure

In this policy, “force majeure” means any event which we or the operator of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, significant risks to human health such as the outbreak of serious disease at the travel destination, adverse weather conditions, fire and all similar events outside our control. Except where otherwise expressly stated in this policy, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”.

Requirements and Suggestions Prior to Traveling

Midstay strongly suggests that users verify prior to departure, their visas and entry requirements in the embassy/consulate of the country to which they shall be traveling. We may provide this information on our website, but as countries may change their requirements without prior notice, compliance with these requirements is strictly the responsibility of the user.

We further recommend that Users purchase travel insurance before traveling to cover any contingency that may occur while traveling.

Disclaimer

No agency, partnership, joint venture, or employment is created as a result of this policy between you and Midstay. No fiduciary duty or other special relation is created by your access to the website.

You hereby acknowledge that Midstay has no control over, nor a duty to take actions regarding the following, but not limited to, the identity of other users, the website content, your interpretation thereof, or the effect the content may have on you, morally, psychologically, or on actions taken by you as a result thereof. You further acknowledge and agree that we are not a party to any transaction in relation to the tours provided by the tour operators, being only intermediaries to the transactions. We have no control over and do not guarantee the safety of the tours, activities, transactions, or the truth or accuracy of the content provided by any third party on the website.

The website, including all its content, and any information or service thereby accessed or obtained are provided on an ‘as is’ basis. Unless expressly provided in this policy and to the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever for the content and the services or any link to third parties or for any breach of security associated with the transmission of sensitive information. We further expressly disclaim any express or implied warranties, including, without limitation, non-infringement, accuracy, or suitability for a particular purpose. 

For the detail of Midstay’s website policy, please check our terms and conditions and privacy policy.