Version: 1. June 2026
These General Terms and Conditions (“Terms and Conditions”), together with the Privacy Policy (https://baliwatersports.com/privacy-policy) govern your use of BALI WATER SPORTS’ services. These services may be accessed through our online platform, which includes (i) websites, such as https://baliwatersports.com/, and localized subdomains; or (ii) certain mobile applications (“BALI WATER SPORTS Apps”) operated by BALI WATER SPORTS (collectively, the “BALI WATER SPORTS Platform”). By accessing or using the BALI WATER SPORTS Platform, or downloading BALI WATER SPORTS Apps, you agree to be bound by and to comply with these Terms and Conditions.
The BALI WATER SPORTS Platform is available to users worldwide. Different terms may apply depending on your country of residence:
- All Countries (Except the U.S.): If you reside anywhere in the world except for the United States of America, Appendix A applies to you. If you reside in Switzerland, Canada, Australia, or the United Kingdom (UK), additional special terms apply as detailed in the Local Payment Section.
- United States of America (U.S.): If you reside in the United States of America (including its territories and possessions), Appendix B applies to you. Make sure to review Appendix B carefully as it includes a mandatory, binding individual arbitration clause, which means that you agree to resolve disputes related to the BALI WATER SPORTS Platform, our services, or these Terms and Conditions, through binding arbitration instead of court proceedings. You may opt-out of arbitration only by following the procedure in Appendix B. Appendix B also includes a mutual waiver of class actions or jury trials. If you reside in the U.S., special terms also apply as detailed in the Local Payment Section.
These Terms and Conditions have been drafted, and shall be construed, in English. Any translation of the Terms and Conditions is for reference only. In the event of any inconsistency between the English version and a translated version, the English version shall prevail.
- About us
AURORA FX TECHNOLOGY LLP (operating under the brand name BALI WATER SPORTS), registered address 7030 Ang Mo Kio Avenue 5, #08-106 Northstar @ AMK, Singapore 569880, registered with the Accounting and Corporate Regulatory Authority (ACRA), Singapore under UEN / Registration No. T24LL0524D, is the operator of the BALI WATER SPORTS Platform. For the purposes of these Terms and Conditions, references to “BALI WATER SPORTS,” “we,” “us,” or “our” may refer to AURORA FX TECHNOLOGY LLP and its officers, partners, employees and agents and; BALI WATER SPORTS affiliates, distribution partners and each of their respective officers, directors, employees, and agents the “BALI WATER SPORTS Parties”.
We operate the BALI WATER SPORTS Platform as an online intermediary marketplace platform through which local activity providers, operators, or resellers (collectively referred to as “Suppliers”) offer various travel experiences, including tours, tickets to attractions, water sports activities, travel services, and other tourist activities (collectively, “Activities”), for purchase. We act as a commercial agent for the Suppliers. This means we facilitate the bookings, but the actual Activities are provided by the Suppliers themselves, not by BALI WATER SPORTS. Suppliers operate the Activities independently and are not agents or employees of BALI WATER SPORTS. BALI WATER SPORTS and the BALI WATER SPORTS Parties are not responsible or liable for any actions, errors, omissions, representations, warranties, breaches, negligence, or misconduct of Suppliers, nor for any damages, personal injury, death or other loss or expense arising from bookings or Activities. BALI WATER SPORTS is not responsible for refunds for delays, cancellations by the Suppliers, or other circumstances beyond BALI WATER SPORTS’ control.
All Activity information on the BALI WATER SPORTS Platform, including descriptions, photographs, and related content, is provided and maintained by the respective Suppliers who offer those Activities. Each Supplier is responsible for ensuring their content is accurate and delivering their Activities as described. We have no direct influence on such content. BALI WATER SPORTS maintains internal platform governance, moderation, fraud prevention, and operational safety procedures intended to support customer protection, supplier accountability, and platform integrity.
- Scope
2.1. These Terms and Conditions apply to all visitors and users (collectively, “Users”) and govern your use of its content. As soon as you use any portion of the BALI WATER SPORTS Platform, you are obliged to comply with these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not use the BALI WATER SPORTS Platform.
2.2. These Terms and Conditions apply to all of our services, unless more specific terms apply to a service. In such cases, we will clearly inform you of the applicable terms. Any other terms that are not included here, or that conflict with or differ from these Terms and Conditions, will not apply unless we have expressly agreed to them in writing.
- What we do
3.1. When you book an Activity, the contract for that Activity (“Service Agreement”) is concluded exclusively and directly between you and the Supplier. This means you are not buying anything from BALI WATER SPORTS, but directly from the Supplier, who is also responsible for providing the Activity. The Service Agreement is concluded by us on behalf of the Supplier, as we act as their commercial agent. This means we are commissioned and authorized by the Supplier to (i) conclude transactions directly between you and the Supplier for the account of the Supplier, and (ii) collect payments from you on behalf of and for the account of the Supplier. We do not offer any Activities ourselves and therefore do not become your contractual partner to any Service Agreement. We do not act as the organizer, reseller, or any other contractual partner in relation to the Service Agreement.
3.2. We receive a commission from the Supplier for brokering the Service Agreement. You acknowledge that the price shown on the BALI WATER SPORTS Platform (“Posted Price”) or the amount you pay at checkout (“Booking Price”) includes the commission that BALI WATER SPORTS earns, which is paid by the Supplier for services provided by BALI WATER SPORTS to the Supplier, such as facilitation, customer support, and other brokering services.
3.3. You can filter the list of Activities by different parameters. The discovery wizard will show you Activities that match your criteria and are offered by specific Suppliers. If multiple Suppliers offer matching Activities, BALI WATER SPORTS ranks them using a combination of factors designed to enhance customer experience and satisfaction. These factors include, but are not limited to, popularity, diversity, customer ratings, performance over time, and the amount of revenue generated, including commission paid by Suppliers. While Suppliers have the option to increase their commission as part of their marketing investment, this is only one of several factors influencing ranking. No specific placement or ranking position is guaranteed, as rankings are determined by an algorithm that considers multiple inputs to match traveler preferences. New Activities are initially ranked based on an internal assessment. Our ranking algorithm is updated regularly to reflect recent performance data, ensuring that rankings remain dynamic and performance-oriented.
3.4. We reserve the right to impose conditions on the use of the BALI WATER SPORTS Platform, including access to certain features, based on factors such as payment history or providing documentation (e.g., identity verification, payment receipts). If we suspect fraud, or a violation of these Terms and Conditions or the Service Agreement, we may restrict or cancel your bookings.
3.5. We are not obligated to improve, update, upgrade, or continue to make available the content, functions, or services provided via the BALI WATER SPORTS Platform. We may discontinue our services at any time; there is no guarantee of continued availability. However, if you have already concluded a Service Agreement with a Supplier, this Service Agreement applies.
- Use of the BALI WATER SPORTS Platform
4.1. The BALI WATER SPORTS Platform is provided for your personal, non-commercial use only. Any use of the Platform for business, commercial, or professional purposes is strictly prohibited. In particular, the commercial resale of tickets or any other activities intended to generate profit – whether for yourself or for third parties – is not permitted under any circumstances. The use of automated systems or software, such as bots, scrapers, spiders, or crawlers, to access, extract, copy, or index any content or data from the BALI WATER SPORTS Platform without our prior written consent is also strictly prohibited. Unauthorized reproduction, distribution, scraping, misuse, or commercial exploitation of platform content, branding, materials, images, logos, website elements, and digital assets may result in restriction of access and legal enforcement actions where appropriate.
4.2. Although registration is not required to access the BALI WATER SPORTS Platform, you must register with us to access all features. To create an account on the BALI WATER SPORTS Platform (“BALI WATER SPORTS Account”), you must enter your full legal name and email address in the registration form and set a password. Alternatively, you may create a BALI WATER SPORTS Account using your existing social media account (such as Facebook, Google, or Apple).
4.3. You are responsible for maintaining the confidentiality of your BALI WATER SPORTS Account credentials and may not disclose them to any third party. You are responsible and liable for all activities conducted through your BALI WATER SPORTS Account. You must immediately notify BALI WATER SPORTS if you suspect that your credentials have been lost, stolen, or that your BALI WATER SPORTS Account is otherwise compromised.
4.4. You may only create one BALI WATER SPORTS Account for yourself. You may not transfer your BALI WATER SPORTS Account to anyone else.
4.5. BALI WATER SPORTS is committed to improving accessibility, usability, and customer experience across its digital platforms. Users requiring assistance or experiencing accessibility-related issues may contact us through our official support channels via email at info@baliwatersports.com.
- BALI WATER SPORTS Apps
(Note: This section is preserved for future platform updates and will apply once mobile applications are officially launched by BALI WATER SPORTS.”)
5.1. Subject to these Terms and Conditions, we hereby grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to download, install, and use our mobile applications (“BALI WATER SPORTS Apps”), provided that your installation and use of the BALI WATER SPORTS Apps is solely (i) for your personal, non-commercial use, and (ii) in accordance with the restrictions and limitations set forth in these Terms and Conditions. You may not copy, transfer, lease, loan, modify, adapt, create derivative works of, redistribute, or sublicense the BALI WATER SPORTS Apps. If you sell your mobile device to a third party, you must remove the BALI WATER SPORTS Apps from the device before doing so. You may not reverse-engineer, disassemble, or attempt to derive the source code of the BALI WATER SPORTS Apps, or any part thereof, except where such restriction is expressly prohibited by applicable law. All rights not expressly granted to you hereunder are reserved by us and our licensors.
5.2. BALI WATER SPORTS may, from time to time and in its sole discretion, develop and provide updates to the BALI WATER SPORTS Apps. These updates may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or remove certain features or functionality in their entirety. You agree that BALI WATER SPORTS has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your device is connected to the internet, the BALI WATER SPORTS Apps may automatically download and install all available Updates, or you may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates. You acknowledge that the BALI WATER SPORTS Apps or portions thereof may not function properly if you fail to do so. You further agree that all Updates will be considered part of the BALI WATER SPORTS Apps and subject to these Terms and Conditions.
5.3. You acknowledge that when you download, install, or use the BALI WATER SPORTS Apps, BALI WATER SPORTS may use automatic means (including, for example, cookies, SDKs, and web beacons) to collect information about your mobile device and your use of the BALI WATER SPORTS Apps. You may also be required to provide certain information about yourself as a condition of downloading, installing, or using the BALI WATER SPORTS Apps or certain features or functionality. All information we collect through or in connection with the BALI WATER SPORTS Apps is subject to our Privacy Policy, available at https://baliwatersports.com/privacy-policy.
- Customer Service
6.1. In our role as commercial agents, we assist Suppliers with customer service requests. If you have a question, complaint, or need assistance with your booking, you can contact our customer service team via email at info@baliwatersports.com, or through our available phone and live chat channels. We typically respond within 24 hours, and at the latest within 48 hours. BALI WATER SPORTS may review and handle customer complaints, booking disputes, fraud prevention matters, and supplier-related concerns internally before escalation to external dispute resolution processes where applicable.
6.2. You can also communicate directly with the Supplier through the supplier-customer chat. In case of emergency, the contact details of the respective Supplier can be found on your voucher or ticket.
- Best Price Matching
7.1. If you find the same Activity you booked via the BALI WATER SPORTS Platform offered at a lower price on the Internet, we will pay you the price difference, provided you can provide proof and the alternative offer meets all of the following conditions: the same Activity with identical conditions (date, city, number of participants); the same services and inclusions; a lower price than paid on BALI WATER SPORTS; bookable with the same Supplier; and currently available for booking. Offers that are available only to members of loyalty or reward programs, corporate rates, group rates, or other special promotions not available to the general public are excluded from best price matching.
7.2. Websites or platforms created for the sole purpose of circumventing this policy are strictly excluded from price matching. BALI WATER SPORTS reserves the right to reject claims where there is evidence or reasonable suspicion of fraudulent intent, manipulation, or abuse of this policy.
7.3. To claim price matching, you must submit the link and/or a screenshot of the alternative offer upon request. We will verify the alternative offer, and if the price is actually lower, we will provide a refund for the price difference. The refund may be processed to your original payment method or provided as a voucher.
- Payment
8.1. The Posted Price applies to the Activity. The Booking Price is the Posted Price minus any applicable discounts. Unless otherwise agreed, the Booking Price is payable immediately upon booking. BALI WATER SPORTS cannot issue a tax invoice for any Activity booked. However, upon request, BALI WATER SPORTS may issue a payment confirmation for a completed booking.
8.2. For selected Activities, you may be able to choose the “Reserve now, pay later” feature. This option is only available with a credit card that is valid at least until the date of the selected Activity. To confirm this, we will charge a zero amount (0 USD/SGD/EUR) to your credit card when you complete your booking. Seventy-two (72) hours before the start of the Activity, we will debit the Booking Price. If the credit card charge fails, you will have forty-seven (47) hours to make the payment manually. If payment is not made within this period, we will automatically cancel your booking.
8.3. BALI WATER SPORTS is entitled to receive the amounts in the name of and on behalf of the Supplier as a commercial agent. Once payment is successfully made to BALI WATER SPORTS, you have fulfilled your payment obligations towards the Supplier with a discharging effect. If amounts are to be paid in a currency other than your local currency (foreign currency claim), BALI WATER SPORTS may, in its role as a commercial agent, collect payment in your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.
8.4. We serve as your point of contact regarding the Service Agreement and related payments, acting in our capacity as commercial agent of the Supplier. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us.
8.5. You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Activity will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select. We reserve the right to make the use of the payment function or individual payment methods on the BALI WATER SPORTS Platform dependent on a check of the required creditworthiness.
8.6. Payments may be processed by a company we appoint as a payment processor (a “sub‑agent”). These payments are subject to the same terms and conditions as payments made directly to us, so nothing changes for you. You will have also fulfilled your payment obligations with the successful payment to the sub-agent with a discharging effect towards the Supplier.
8.7. Local Payment. The payment shall be processed and collected by the central operating entity AURORA FX TECHNOLOGY LLP in Singapore, or its authorized international payment processing sub-agents. Your contracting entity for payment transactions shall be the Singapore entity acting in accordance with Clause 17, and the law applicable for the payment shall be Singapore law as detailed in Section 8.8 below.
8.8. The governing law and jurisdiction for the purpose of concluding and processing payments on behalf of Suppliers shall be interpreted in accordance with the laws of the Republic of Singapore, without regard to conflict-of-law provisions. Legal proceedings must be brought in the competent courts of Singapore, unless we both agree to some other location. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Singapore law.
- Gift Cards
(Note: This section is preserved for future platform updates and will apply once gift cards are officially launched by BALI WATER SPORTS.”)
9.1. BALI WATER SPORTS offers the option to purchase Gift Cards, which can only be redeemed on the BALI WATER SPORTS Platform. These Gift Cards shall become void upon the expiration of 3 years from the end of the year the Gift Card was purchased in, unless otherwise provided under applicable laws. There shall be no entitlement to a cash payout, except where required by law. In the event of fraud, attempted fraud, or suspicion of other illegal activities in connection with the purchase or redemption of a Gift Card, we reserve the right to close your BALI WATER SPORTS Account and/or require an alternative method of payment. To view your Gift Card balance, please contact us via email at info@baliwatersports.com.
- Changes, Cancellations and Refunds
10.1. You may only cancel the Service Agreement in accordance with the cancellation conditions as stated below, in the suppliers own terms and conditions for the Activity (“Supplier-Customer T&Cs”), the description of the Activity on the BALI WATER SPORTS Platform, or on the voucher/ticket issued for the Activity.
10.2. To avoid misunderstandings, all changes (e.g., rescheduling the Activity date or changing participants) and cancellations must be made via the BALI WATER SPORTS Platform. You can make cancellations or changes using the customer support tools or by contacting us at info@baliwatersports.com. Changes or cancellations must be made in good time; what constitutes “good time” depends on the specific case (e.g., within the applicable cancellation period) and may depend on the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the Activity page or in the Supplier-Customer T&Cs. The decisive factor for a timely cancellation is when BALI WATER SPORTS receives your notification. If these conditions are met, we will issue a cancellation or change confirmation on behalf of the Supplier. This confirmation will serve as proof and should be kept.
10.3. We may notify you of changes or cancellations on behalf of the Supplier, especially at short notice, using your provided telephone number and by sending notifications to your email address.
10.4. Unless different cancellation conditions are specified in the Activity description on the BALI WATER SPORTS Platform, in the Supplier-Customer T&Cs, or on the Activity voucher, the following cancellation conditions apply: for cancellations made more than 24 hours prior to the start of the Activity, a full refund of the Booking Price will be issued; for cancellations made within 24 hours prior to the start of the Activity, or in case of a no-show, no refund will be provided.
10.5. Refunds after a cancellation will be issued to the original payment method used for the purchase of the Activity. At your discretion, refunds may alternatively be provided in the form of BALI WATER SPORTS refund gift cards.
10.6. If you choose to use them, the current balance of your refund gift cards shall be shown in your BALI WATER SPORTS Account and can be applied in the checkout process to reduce the Booking price when booking Activities on our Platform. BALI WATER SPORTS refund gift cards are non-transferable and cannot be refunded or redeemed for cash; cannot be used past the expiration date shown in your BALI WATER SPORTS Account; will be forfeited if you delete your BALI WATER SPORTS Account; and cannot be collected past a maximum total amount that might change from time to time as shown in your BALI WATER SPORTS Account.
10.7. BALI WATER SPORTS reserves the right to make changes to the usage terms of BALI WATER SPORTS refund gift cards, including but not limited to their value, usage, and validity without prior notice.
- Reviews and Other User Content
11.1. We offer you the opportunity to view reviews and other content posted by other users on the BALI WATER SPORTS Platform. Reviews reflect the personal opinions of the respective users at a specific point in time and are shaped by individual ideas and expectations. Please note that the Activity may have changed since the review or other content was posted. The number of reviews and ratings should also be considered, as a single opinion is often less meaningful than the collective assessment from many users.
11.2. You can influence the content of the BALI WATER SPORTS Platform by writing reviews of Activities you have purchased or by posting pictures (together, “User Content”). You are fully responsible for any User Content you post. It is strictly forbidden to post User Content that: (i) is untrue or misleading; (ii) openly or covertly advertises third-party products, services, or companies; (iii) is created in return for remuneration from a third party; (iv) is created by or at the direction of the Supplier who provides the Activity; (v) violates the intellectual property, privacy, or other rights of a third party; or (vi) contains links or similar information/references that are likely to impair the functioning of third-party data processing systems.
11.3. You must ensure that you have the necessary usage rights for any images before uploading them as User Content. In particular, images or photos showing other people may only be uploaded if those individuals have given their consent. If you wish to use pictures taken by someone else, you must also obtain that person’s consent.
11.4. The public accessibility of User Content must not violate any legal provisions, morality, or the rights of third parties. In particular, you may not upload or make publicly accessible any User Content containing depictions of violence, pornography, discrimination, insults, racism, defamation, or other illegal content.
11.5. You retain ownership of any User Content you create. However, you grant BALI WATER SPORTS a non-exclusive, sublicensable (through one or more tiers), worldwide, fully paid, and royalty-free license, in any and all media now known or later developed, to use, reproduce, adapt, translate, create derivative works of, modify, perform, publicly display, publicly perform, transmit, and distribute the User Content, including: (i) on or through the BALI WATER SPORTS Platform, (ii) on or through BALI WATER SPORTS’ distribution partners, and (iii) in online and offline marketing materials.
11.6. We may remove User Content as necessary, at our sole discretion, for example, if the User Content violates this Section. We are not obligated to keep copies of User Content or to provide such copies.
11.7. BALI WATER SPORTS, its affiliates, sub-agents, and their distribution partners may display advertisements and other information next to or together with User Content on the BALI WATER SPORTS Platform and other media. You are not entitled to any compensation for such advertisements. We reserve the right to change the type and scope of such advertising at any time without notifying you.
- Data Protection
12.1. We collect and process your personal data in accordance with the Personal Data Protection Act (PDPA) of Singapore and other applicable data protection regulations. For detailed information on how we handle your data, your rights, and our security measures, please refer to our Privacy Policy, available at https://baliwatersports.com/privacy-policy.
- Assignment
13.1. You may not transfer or assign your rights and/or obligations under these Terms and Conditions, except for any claim for damages.
- Severability
14.1. Should individual provisions of these Terms and Conditions be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these Terms and Conditions that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
- Termination
15.1. A blocking, termination or deletion of your BALI WATER SPORTS Account is possible at any time via the BALI WATER SPORTS customer service by sending an email request to info@baliwatersports.com or using the designated digital profile management tools.
15.2. BALI WATER SPORTS may unilaterally terminate these Terms and Conditions, your BALI WATER SPORTS Account or your access to the BALI WATER SPORTS Platform at any time with a notice period of one week. However, the termination will only become effective after any already established Service Agreements have been executed or canceled. The right to termination for good cause remains unaffected.
- Supplier – Service Agreement
16.1. Conclusion of Contract with the Supplier.
16.1.1. When you select and purchase an Activity on the BALI WATER SPORTS Platform, you conclude a Service Agreement directly with the Supplier. For the purpose of concluding this Service Agreement, we act as the commercial agent of the Supplier.
16.1.2. To book an Activity, you select and book the Activity, provide the required personal details, and choose a payment method. By booking the Activity, you submit a binding offer to conclude a Service Agreement with the Supplier who will provide the Activity. Your offer remains binding for two working days. After receipt of your offer, we will send you an automatic booking confirmation on behalf of the Supplier. You must immediately check the booking confirmation to ensure all data has been entered correctly.
16.1.3. For some Activities, the Supplier may require you to accept their own Supplier-Customer T&Cs as part of the booking process. By booking the Activity, you agree to be bound by such Supplier-Customer T&Cs. Please read these Supplier-Customer T&Cs carefully, as they may contain important information for you, e.g., regarding cancellation options or conditions. Nothing in the Supplier-Customer T&Cs affects your relationship with us or our legal rights. In the event of a conflict between a provision of the Supplier-Customer T&Cs and a provision in these Terms and Conditions, the provision that is more beneficial to you shall govern the relationship between you and the Supplier.
16.1.4. We accept the offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier. If applicable, you will also receive access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.
16.1.5. The Service Agreement between you and the Supplier is not documented in a separate contract. The content of the Service Agreement consists of the ordered product (i.e., the description of the Activity you selected), the applicable provisions in this Section, and, if applicable, the Supplier-Customer T&Cs.
16.2. Prices.
16.2.1. In most cases, Posted Prices quoted are inclusive of all taxes and fees. However, it is possible that additional local taxes or fees are levied locally. If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.
16.2.2. The Posted Prices set by Suppliers may be subject to special provisions, such as cancellation and refund policies. Before booking, you must independently check whether the respective Supplier has different conditions. The Posted Price or the Booking Price may be higher than the prices charged by Suppliers for the same or similar Activity on other platforms or through other sales channels.
16.3. Provision of the Activity.
16.3.1. You must arrive on time at the meeting point as stated in the Activity description on the BALI WATER SPORTS Platform or as communicated directly by the Supplier before the Activity. If you are traveling from abroad, you are responsible for obtaining the necessary travel documents (such as passport and visa) and for complying with all applicable health and entry requirements.
16.3.2. The Booking Price does not include any type of insurance. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity with outdoor or high-risk elements. We do not operate tours, employ guides, or set or verify safety standards for Activities.
16.3.3. Suppliers are independent contractors and not agents or employees of BALI WATER SPORTS. We are not responsible or liable for any acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct by any Supplier, or for any personal injury, death, property damage, or other damages or expenses arising from or related to the Activity.
16.3.4. For time and deadline calculations, the time zone of the Supplier shall be decisive.
16.4. Further Rights of the Supplier.
16.4.1. The Supplier reserves the right to cancel the Activity on the agreed date without adhering to the standard cancellation period if external circumstances beyond the Supplier’s control make it impossible, significantly impede, or endanger the performance of the Activity. Such circumstances include, but are not limited to, adverse weather conditions, government actions, strikes, or other unforeseeable events that can only be averted by disproportionate efforts by the Supplier (in particular, events of force majeure). In this case, the Booking Price paid for the canceled Activity will be refunded. Any additional claims for compensation must be directed to the Supplier.
16.4.2. The Supplier may exclude you from an Activity if (i) you do not meet the participation requirements specified on the BALI WATER SPORTS Platform, (ii) your participation would endanger yourself or others, or (iii) you disrupt the performance of the Activity in any manner. In these cases, the Booking Price paid for the Activity will not be refunded.
16.4.3. The Supplier may make immaterial changes to the itinerary of the Activity at any time if such changes are necessary due to unforeseen circumstances. Such changes may include a change of the starting or meeting point for the Activity, provided the new meeting point is accessible from the originally agreed meeting point within 15 minutes on foot or by public transport. Any changes to the start or meeting point may be made up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed on the BALI WATER SPORTS Platform. You are responsible for regularly checking your email and communications from the Supplier to stay informed about any updates. If there is conflicting information, the details provided by the Supplier in their email will prevail.
- Final provisions
17.1. We may engage BALI WATER SPORTS subsidiaries and third parties as agents to perform obligations and exercise rights under these Terms and Conditions.
17.2. We may amend or adjust these Terms and Conditions in the future, for example, to reflect changes in the law, market conditions, or to address regulatory gaps. We will inform you of any such changes in a timely and appropriate manner. If you object, we or you can terminate your BALI WATER SPORTS Account or your access to the BALI WATER SPORTS Platform with immediate effect.
17.3. All notices and other declarations under these Terms and Conditions must be made in writing (e.g., by email to info@baliwatersports.com).
17.4. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions or any purchase made pursuant thereto.
17.5. The contract between you and us is formed and entered into in the Republic of Singapore.
17.6. In these Terms and Conditions, (i) “including” means “including but not limited to,” (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things, and (iii) words suggesting the singular include the plural, and vice versa. Captions and Section headings used in these Terms and Conditions are for convenience only and shall not be used in construing these Terms and Conditions.
Appendix A: Clauses Applicable to Residents of All Countries (Except Residents of the U.S.)
A1. Scope. These Terms and Conditions are directed exclusively at consumers who use the platform for personal, non-commercial leisure and activity bookings.
A2. Liability.
A2.1. Except as set forth below, our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage arising from a negligent breach of a material contractual obligation. A “material contractual obligation” under these Terms and Conditions is an obligation, the performance of which is essential to the proper performance of these Terms and Conditions and the breach of which jeopardizes the purpose of these Terms and Conditions and its performance upon which you as a user may regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time these Terms and Conditions were accepted. We exclude our liability and the liability of vicarious agents for damages caused by a negligent breach of a non-essential contractual obligation.
A2.2. Nothing in these Terms and Conditions shall exclude or limit our liability, or the liability of our agents or employees for gross negligence, intentional injury, death, personal injury, or fraud. Likewise, any further-reaching mandatory statutory rights you have as a consumer under your local applicable laws shall remain unaffected.
A2.3. The above limitations of liability shall not apply in cases where we have fraudulently concealed a defect related to the BALI WATER SPORTS Platform or expressly warranted specific functionality. These limitations shall also not apply to statutory consumer claims under relevant product liability frameworks.
A2.4. We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control (“force majeure”) including but not limited to: failure of electronic or mechanical equipment or communications, actions by third parties (including Denial-of-Service (DoS) attacks and excessive or abusive use of the BALI WATER SPORTS Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, severe weather including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labor disputes.
A3. Indemnification. You agree to indemnify and hold harmless BALI WATER SPORTS, and its parent entity AURORA FX TECHNOLOGY LLP, its affiliates, officers, and agents from and against any and all losses, damages, liabilities, costs, and expenses, including reasonable legal fees (“Damages”) arising out of or in connection with: a) your intentional or negligent misrepresentation, act, or omission in connection with your use of the BALI WATER SPORTS Platform; b) your intentional or negligent non-compliance with these Terms and Conditions; c) your violation of any applicable laws or regulations; or d) claims asserted by third parties arising out of or in connection with your access to or use of the BALI WATER SPORTS Platform that intentionally or negligently violates these Terms and Conditions. Damages includes, without limitation, any amounts that BALI WATER SPORTS or its affiliates are required, or become liable, to pay to employees, contractors, agents, or other third parties under applicable law as a result of the matters described above. For clarification, your indemnity obligation applies only to the extent that the relevant loss, claim, or liability was directly caused by your intentional or negligent act, omission, or breach of these Terms and Conditions.
A4. Dispute Resolution. For international users, we favor resolving any issues efficiently through direct consultation. You can contact us at info@baliwatersports.com to initiate an amicable resolution process. BALI WATER SPORTS is neither willing nor obliged to participate in dispute resolution proceedings before specific consumer arbitration boards.
A5. Governing Law and Jurisdiction. To the extent permitted by mandatory local (consumer) law of the country in which you reside, these Terms and Conditions and our services will be governed by the laws of the Republic of Singapore. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the competent courts of Singapore.
A6. Withdrawal.
A6.1. Right of withdrawal. Where local consumer protection statutes mandate a statutory right of withdrawal from digital service contracts, you have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise this right, you must inform us via email at info@baliwatersports.com of your decision to withdraw from this contract by means of a clear statement. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
A6.2. Effects of withdrawal. If you withdraw from this contract under valid local consumer legislation, we shall reimburse to you all payments received from you 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until the time you informed us of your decision to withdraw from this contract, compared to the full coverage of the contract.
A6.3. Exclusion of the right of withdrawal. Notwithstanding the above, the right of withdrawal does not apply to certain types of contracts under applicable electronic commerce laws, in particular to contracts for the provision of leisure activities if the contract provides for a specific date or period of performance. This includes date or time-bound tours, water sports activities, excursions, and combination ticket packages arranged by us, which are finalized immediately upon booking with the specific Supplier.
Appendix B: Clauses Applicable Only to Residents of the U.S.
B1. Indemnification. You agree to defend, hold harmless and indemnify BALI WATER SPORTS and its parent company AURORA FX TECHNOLOGY LLP, affiliates, officers, and agents from and against any and all liabilities, damages, fines, penalties, settlements, losses, and expenses, of whatever kind (including reasonable legal and accounting fees, court costs, and taxes) incurred or suffered in connection with: your non-compliance with these Terms and Conditions; your misuse of the BALI WATER SPORTS Platform, including your User Content; your non-compliance with the Supplier-Customer T&Cs; your violation of any applicable law or regulation; your violation or infringement of the rights of any third party; or your negligence or willful misconduct.
B2. Limitations of BALI WATER SPORTS Liability. To the fullest extent allowed by applicable law, in no event will BALI WATER SPORTS or its affiliates be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including damages for lost data, lost profits, lost revenue or costs of procurement of substitute goods or services, whether caused by tort (including negligence), breach of contract, or otherwise, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether or not we were or should have been aware or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy stated herein. To the fullest extent allowed by applicable law, if BALI WATER SPORTS is held liable for any loss or damage arising out of or related to these Terms and Conditions, then BALI WATER SPORTS’ liability will in no event exceed, in the aggregate, the greater of (A) the sum paid to BALI WATER SPORTS in connection with the Activity giving rise to the claim (if applicable), or (B) Five Hundred US Dollars ($500.00). In no event shall we be liable to you for any acts or omissions of any Supplier. The limitation of liability set forth herein shall not apply to liability resulting from our gross negligence or willful misconduct. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
B3. Warranty Disclaimers. The BALI WATER SPORTS Platform, its content, and any services obtained through the BALI WATER SPORTS Platform are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. We do not warrant that (i) the BALI WATER SPORTS Platform will meet all of your requirements or that performance of the Platform will be uninterrupted, virus-free, secure, or error-free, or (ii) the content on the Platform will be complete, accurate, or free from technical defects. We are not responsible for the accuracy or completeness of Supplier-provided data. Your use of the BALI WATER SPORTS Platform, its content, and any services or items obtained through the platform is at your own risk. Neither BALI WATER SPORTS nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Platform. To the fullest extent provided by law, BALI WATER SPORTS hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
B4. Activity-Related Liabilities.
B4.1. Injury Incidents. You (and any other person for whom you made a booking for an Activity (a “Co-Traveller”)) agree and understand that Activities are provided by Suppliers, not by BALI WATER SPORTS or its corporate entities. Suppliers are independent third parties that are not under our control. In the event that you or a Co-Traveller is injured, killed, or suffers a loss during or in connection with an Activity (an “Injury Incident”), you agree to seek compensation directly from the Supplier that provided the Activity, not from BALI WATER SPORTS.
B4.2. Release. BALI WATER SPORTS is not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. You, on behalf of yourself and any Co-Travellers, hereby release BALI WATER SPORTS and its parent entity AURORA FX TECHNOLOGY LLP, affiliates, officers, and employees to and from any and all claims, demands, causes of action, obligations, damages, and liabilities, costs and expenses (including, but not limited to, attorneys’ fees), whether or not now known, suspected, or claimed, relating to any Injury Incident, which you ever had, now have, or may in the future have.
B4.3. Unknown Claims. California Civil Code Section 1542 provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree that you have read and understand this language. You specifically and expressly waive any and all rights you may have under California Civil Code Section 1542 (or any similar statute) as they relate to the release in this Section. You acknowledge and agree that this waiver is an essential and material term of these Terms.
B4.4. Covenant. You covenant and agree never to commence, prosecute, or cause, permit, or advise to be commenced or prosecuted against BALI WATER SPORTS, any action at law or equity, or other proceedings (including arbitration), based upon any Injury Incident. If any such prohibited action or proceeding is instituted, these Terms and Conditions may be pleaded as a full and complete defense thereto.
B4.5. Third-Party Beneficiaries. The operating affiliates and parent entities of BALI WATER SPORTS are expressly named as third-party beneficiaries to this Section. Each has the right to enforce this Section against you as this Section pertains to its respective rights as a third-party beneficiary.
B5. Arbitration. Please read this Section B5 carefully, it may affect your rights. This section provides for resolution of most disputes through arbitration instead of court trials. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This Section B5 shall survive termination of your BALI WATER SPORTS Account.
B5.1. Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to the BALI WATER SPORTS Platform, our services, these Terms and Conditions, and your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including the interpretation and scope of this arbitration clause and the arbitrability of a dispute (collectively, “Claims”). All Claims will be resolved by binding arbitration, unless expressly excluded from arbitration as set forth in Section B5.4.
B5.2. Opt Out. Notwithstanding Section B5.1, you may opt out of binding arbitration by mailing us a written notice of your decision to opt out. The opt-out notice must be postmarked no later than 30 calendar days after the earliest of (i) the date you first used the BALI WATER SPORTS Platform, (ii) the date you first used our services, or (iii) the date of your first transaction with us (“Opt Out Deadline”). The written notice must be sent via registered mail to: AURORA FX TECHNOLOGY LLP, Legal Department, Singapore, or via electronic delivery to info@baliwatersports.com with the subject line “Arbitration Opt-Out”. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
B5.3. Governing Law for this Clause. The parties agree that these Terms and Conditions evidence a transaction in international and interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law.
B5.4. Excluded Claims. The following claims are not subject to binding arbitration and may be litigated in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger of the commission of a crime, hacking, or cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, either of us may take a claim to small claims court, if the claim qualifies for hearing by such a court.
B5.5. Pre-Dispute Notice Process. For all disputes, whether pursued in court or arbitration, you and we agree to first send the other party a signed written description of your claim via email to info@baliwatersports.com to allow the parties an opportunity to resolve the dispute. Where we seek to pursue a claim against you, we will send notice to your email address on file. You or we may pursue arbitration if the claim or dispute is not resolved within 60 days of our receipt of the claim. You and we agree to participate in good faith in this pre-dispute resolution process. This process is a precondition to the commencement of arbitration or filing a complaint in court.
B5.6. Arbitration Process. The arbitration of any dispute or claim shall be conducted (i) before one neutral arbitrator, (ii) in English, (iii) under the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules in effect on the date the claim was filed, available at www.adr.org. AAA will review any arbitration filing for completion of the pre-dispute requirements and shall reject the demand if the filing party does not provide competent proof that the requirements were met. The seat or place of arbitration shall be New York, New York, United States; thus in the case of an in-person hearing, the hearing shall be conducted either in New York, New York or in your state of residence, at your election, unless otherwise ordered by the arbitrator. The arbitrator shall be empowered to award only those damages which are permitted in these Terms and Conditions. The award rendered by the arbitrator shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and witnesses. Any arbitration shall be confidential. For claims under $25,000, the arbitration will be conducted based solely on written submissions, unless you request an in-person, telephonic or video hearing.
B5.7. Mass Arbitration. If 25 or more demands for arbitration are filed within one calendar year relating to the same or similar subject matter and sharing common issues of law or fact, the AAA’s Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Fee Schedule shall apply. However, if 1,000 or more mass arbitration demands are filed, the relative advantages and efficiencies of arbitration may be lost. In that circumstance, you or we may elect to resolve the Claims by a putative class action filed in a court of competent jurisdiction encompassing New York, NY.
B5.8. Class Action Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. We give up the right to proceed in court, including having our dispute resolved before a jury. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this Section B5 will not apply to you. If you opt out of binding arbitration in accordance with Section B5.2, this class action waiver will not apply to you.
B6. Governing Law. Except as specified in Section B5.3, these Terms and Conditions are governed by the laws of the State of New York, without regard to its conflict of laws rules. In the event the application of the laws of the State of New York to the dispute is prohibited by the applicable local laws, then the laws of your country, state, or place of residence will apply to govern the dispute.
B7. Venue. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or our services (including any proceeding initiated by a User who has opted out of binding arbitration and any small claims proceeding) shall be subject to the exclusive jurisdiction of the State and Federal Courts located in New York County, New York. Each party irrevocably consents to the personal jurisdiction of such courts and agrees that it is a convenient forum.
B8. Jury Waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.