Last Revised: July 19, 2020
Dynamic Square Ltd., its subsidiaries and affiliates, d/b/a Tourist Thailand (“Tourist Thailand”, “we”, “our”) welcome you (the “User(s)”, or “you”) to our primary website at https://touristhailand.com (the “Site”). Our Site offers basic information regarding our company and our booking services (“Service(s)” as further detailed below). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
Table of Contents
- Acceptance of the Terms
- The Site and the Services
- User Responsibility
- Waiver and Release
- Cancellation and Refund Policy
- Fees and Payments
- Use Restrictions
- Contacting us via the Site
- Intellectual Property Rights
- Trademarks and Trade names
- Linking to Tourist Thailand’s Site and links to Third Party Sites
- Social Media Features
- Advertisements, Promotions, Sponsorships and Benefits
- Changes to the Site
- Disclaimers and No Warranties
- Limitation of Liability
- Amendments to the Terms
- Termination of these Terms and the Termination of the Site’s operation
- Acceptance of the Terms
The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. If you are using the Service for the benefit of and/or on behalf of any third party. You hereby represent that such third-party was made aware of these Terms.
2. The Site and the Services
Tourist Thailand offers its Users with an online platform through which Users can book tourism related services and/or products including tours, transportation services, and accommodation (collectively, the “Services”).
The Site may provide you with comprehensive information and news regarding Tourist Thailand, company overview, partners, news regarding our company including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). In addition, the Site provides Users who sign up for our newsletter certain services, for example, provide Users with updates via e-mail regarding the Company’s developments, new services, general content etc. (the “Newsletter Subscription“).
The Content May Include Third Party Content (E.g. Information Provided To Us By Third Party Sources), Such As Marketing Materials, Descriptions, Prices, Relevant Deals Of Such Third Party Products And Services. Such Third Party Content Is Not Verified By Tourist Thailand, Does Not Bind Tourist Thailand In Any Form And Tourist Thailand Cannot Guarantee The Accuracy Or Completeness Of Such Third Party Content. As Such We Will Not Be Liable In Any Way For Any Third Party Content. In Any Case Where Such Information Contradicts Or Is Inconsistent With Information Provided To You By The Provider Or Seller Of Such Goods And Services Directly, Only Information Supplied By Such Provider Or Seller Directly Shall Prevail. Tourist Thailand Is Not The Seller Or Supplier Of Any Such Goods Or Services And Has No Control Over Or Responsibility For Such Goods Or Services, Including, But Not Limited To, The Condition, Utility Price, Suitability, Reliability, Timeliness, Safety, Legality, Availability And/or Accuracy Of These Goods Or Services. As Such, Tourist Thailand Does Not Have Any Of The Legal Obligations That Apply To The Sellers Or Suppliers Of Those Goods Or Services.
All Rights In And To The Content Available On The Site Are Reserved To Tourist Thailand Or Its Licensors. To The Extent Legally Permissible, The Site And The Content Available Therein Are Provided On An “as Is” Basis. Tourist Thailand Will Not Be Liable For Any Damages Or Loss Incurred To You Or Any Other Person As A Result Of Or In Connection With Your Use Of The Site And/or The Content Available Therein, And/or Any Decision Made Or Action Taken Or Not Taken In Reliance On The Use Of The Site And/or The Content.
Your Use Of The Site And/or The Content Available Therein Is Entirely At Your Own Risk.
Additional terms may apply with respect to certain features and/or products provided by Tourist Thailand. In case of any conflict between such terms and the Terms, the specific terms shall prevail.
You are welcome to make an online booking of the various tourism services (such as sightseeing tours, activities, tickets, accommodation and etc.) (“Tourism Services”) via Tourist Thailand’s Site including tours in Thailand, and in Laos, (“Tour(s)”). Upon the completion of the booking process for the Tourism Services (“Booked Service(s)”), you will be required to pay the required amount for such Booked Service (as appeared on the Site and during the booking process). Following the payment for the Booked Services, you will receive an e-mail confirming the Booked Service (“Booking Confirmation”).
The Booked Services are operated and provided by a local third party tourism operator: D2U INTERNATIONAL WORLDWIDE TRAVEL CO., LTD (the “Operator”)., our subsidiary. Following the completion of the Booked Service via the Site, you will be provided with contact details of the Operator that is expected to carry out the tour services in your Booked Service.
As Tourist Thailand is relying on information provided to it by third parties, you hereby acknowledge that a Booked Service may be cancelled, amended or delayed due to circumstances which are not under Tourist Thailand’s and/or Operator’s control (including Force Majeure events). In such cases, Tourist Thailand and/or the Operator will make their best efforts to inform you in advance of such changes and act to provide real-time reasonable solutions to minimize the impact of such cancellations, changes or delays, on the costs, schedule and your general services experience. In particular, in cases where access to certain sites or attractions is not available, Tourist Thailand and/or Operator may decide on an alternative attraction and you shall not be entitled to any compensation or refund due to such changes. Please check your e-mail account provided to us during the booking process of the Booked Service via the Site at 22:00 on the night before the Booked Service is expected to be provided as important updates might be provided and communicated in this way.
Further, Tourist Thailand may not be able to guarantee that the Booked Service will be provided by the exact service provider, as indicated in the Booking Confirmation and reserves the right to provide you with the Booked Service, by third party service providers of a comparable level.
All communications with respect to the Booked Service (such as updates, changes, cancellation requests, etc.) shall be handled directly by Tourist Thailand, unless Tourist Thailand, at its sole discretion, directs you to the applicable Operator of your Booked Service. All complaints with respect to your satisfaction from a Booked Service, shall be directed to the applicable Operator directly.
YOU ACKNOWLEDGE AND AGREE THAT TOURIST THAILAND DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY OPERATOR AND/OR THIRD PARTY SERVICE PROVIDERS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND/OR INTERACTIONS AND/OR MEETINGS WITH OTHER USERS, AND/OR THE OPERATOR(S) RESULTING FROM YOUR USE OF THE SITE AND/OR THE SERVICES AND YOU SHALL TAKE ALL REASONABLE PRECAUTIONS IN SUCH COMMUNICATIONS, INTERACTIONS AND/OR MEETINGS.
Tours will be transported by various sizes and types of vehicles. Tourist Thailand and/or the Operator has no obligation nor liability for the size, type or model of the transportation used, provided however, that Tourist Thailand will make reasonable commercial efforts to make sure that all vehicles used in connection with the Tour will be in full compliance with any applicable local laws and regulations. Special personal needs such as wheelchair-accessible vehicles, baby chairs, carriages, or dietary requirements, will be provided “on a request” basis upon advanced notification to Tourist Thailand via the Site and/or e-mail, as applicable. Whilst the Operator will do its best to deliver such special needs, these are often requiring coordination with third-parties and Tourist Thailand and/or the Operator shall not be held responsible in case of lack or partial delivery.
4. User Responsibility
4.1. Tours in Thailand and in Laos. You hereby understand that in certain types of Booked Service, Operator’s arrival to pick up points may be delayed due to unexpected traffic or other external conditions which are neither under Tourist Thailand’s nor Operator’s control. Any changes you wish to make to your Booked Service including change in pick-up location, tour date, must be made in writing and confirmed by Tourist Thailand.
4.2. It is highly recommended that you will carry an active and charged cell phone from which you will be able at all time to receive and make local and/or international calls. You should provide Tourist Thailand with the contact number during booking process. You hereby acknowledge that using your cell phone out of your country may impose special rates and costs. Tourist Thailand and/or Operator shall not be liable for and will not bear any costs or expenses in this and such usage shall be at your sole and exclusive expense.
4.3. All Services will be covered by insurance to be procured by the relevant Operator, if available. Nevertheless, Tourist Thailand and/or Operator recommends you to insure yourself against any and all personal health damages. In addition, Tourist Thailand and the Operator will not be liable for any loss/theft of personal belongings, and recommends that valuable belongings shall be left at home. We strongly recommend that you purchase comprehensive travel insurance at the time of booking to protect against the risk of cancellation or interruption, loss of baggage, medical expenses and travel delay.
5. Waiver and Release
5.1. During a Tour, it is likely that the Operator and/or any one acting on his behalf, including drivers, tour guides and etc., will take certain photographs for advertising, publicity and promotional purposes and such will be published in on social media or in other marketing materials, all subject to applicable privacy laws. If you do not agree to be photographed, please inform the Operator’s or Tourist Thailand’s representative as soon as possible, and in any event before such photographs are taken. You consent and agree that any photograph taken by the Operator, and/or Operator’s team and/or Tourist Thailand, may be used, adapted, reproduced, publicly distributed, or exhibited for the purposes mentioned above. You will not receive any compensation for any use of such photographs. You expressly release and hold harmless Tourist Thailand and its employees and contractors from any and all claims which you have or may have arising out of the use, adaptation, reproduction, distribution, broadcast, or exhibition of such photographs.
6. Cancellation and Refund Policy
- Reservations may only be cancelled in written by an e-mail or fax sent to Tourist Tahiland or the Operator, indicating your details of reservation.
- Please check each relevant section for general reservation and cancellation policies. If the cancellation policy of the service suppliers differs from company, you agree to accept the cancellation policy of each service supplier (Hotels, airlines, cruise companies etc).
- Some packages are non-refundable. Different cancellation penalties may apply during holiday periods.
- The company will not assume responsibility for any changes in travel arrangements made by the passenger after the departure date.
- All cancellations fees are imposed by hotel and ground suppliers. We advise you to purchase trip cancellation insurance to cover such cancellation fees assessed in the event of serious illness or other situations covered by the policy. You should understand that there are limits and exclusions to the insurance policy.
- A written cancellation notice is received not later than 45 days before check-in the hotel, Tourist Thailand will accept cancellation without cancellation fee
- Cancellations made within 30 days are subject to a fee equal to the first night.
- Cancellations made within 48 hours are nonrefundable.
- Some hotels do have different cancellation policies. Incase so, the hotel’s policy would be accepted. In such cases you will also be informed per e-mail about the special conditions of the selected hotel on your reservation confirmation mail.
Individual Tour Cancellations
- For Individual tour programs if a written cancellation notice is received not later than 08 days before arrival date, the company will accept cancellation without cancellation fee
- Cancellations made within 7 days are subject to a fee equal to the 20% of the total tour amount.
- Cancellations made within 48 hours are nonrefundable.
- In some cases depending on the tour package there may be a different cancellation policy. Incase you will be informed per e-mail about the special conditions of the selected hotel on your reservation confirmation mail.
No refund will be allowed on unused services.
Your Booked Service shall be deemed canceled only if you provide written cancelation notice and refund request sent to Tourist Thailand with sufficient prior notice. Such requests are subject to Tourist Thailand’s official confirmation . All refund requests should be directed to Tourist Thailand via its e-mail address [email protected]
7. Fees and Payments
Fees are paid in U.S. Dollars currency. Tourist Thailand may, at any time and at its sole discretion, amend the fee schedule, payment terms and cancellation policies specified on the Site. Any such changes will take effect immediately after being posted on Tourist Thailand’s Site. Tourist Thailand may deduct foreign currency processing costs from any payment (including currency conversion fees and transfer charges and other processing commissions incurred by you).
Unless explicitly stated otherwise in writing regarding certain Tourism Services offered via the Site, all such Tourism Services prices do not include meals, beverages, entrance fees, accommodation, personal travel insurance or any other costs and expenses which are not stated under inclusions.
The Tourism Services may include certain tours or transfers crossing from Thailand into Laos (“Crossing Tour(s)”). Crossing Tours are subject to additional fees which are presented on the Site, and shall be deemed accepted by you upon the receipt of the Booking Confirmation (“Crossing Tours Extra Fees”). Crossing Tours Extra Fees may include border crossing fees to departure taxes for individuals and/or groups, arrangement and preparation of visa, assistance service from border representative on departure from Thailand, assistance service from border representative on arrival in Laos, and assistance service from border representative on departure from Laos, and applicable “Visa fees”. Crossing Tours Extra Fees are required to be paid by you in cash (whether in US Dollars or local currency), at the arrival to the borders. In the event of any border-passage refusal or detention by governmental authorities, and/or any other event the Crossing you will not be eligible for any refund or compensation.
You hereby acknowledge that Crossing Tours Extra Fees may be amended from time to time, by the relevant governmental authorities. Tourist Thailand and/or the Operator will make all reasonable efforts to inform you in advance and once Tourist Thailand became aware of such amendment(s), but cannot guarantee, that you will be provided with such notification in advance, at all times.
You further acknowledge, that immediately following the entrance to a foreign country, a foreign third-party tour operator will be in charge of the remaining part of the Crossing Tour and shall be deemed as the Operator for such part of the Crossing Tour. Although Tourist Thailand or the Thai operator will serve as your point of contact, Tourist Thailand is not responsible and shall not be liable to the operation of the Crossing Tour.
In certain situations, and with respect to Tours and/or Crossing Tours, and at the full discretion of the Operator, the order of sites can be changed, the order of days within a multi-day tour can be changed, and the location of overnight stays can be changed. You acknowledge that this is possible and you will not be entitled to claim any refund whatsoever in such circumstances.
8. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Tourist Thailand’s sole discretion) in the termination of your use of the Site and/or Content and/or the Service and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Tourist Thailand, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Tourist Thailand or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Tourist Thailand endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Site infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Tourist Thailand on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Tourist Thailand’s proprietary rights, including Tourist Thailand’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Tourist Thailand’s prior written consent; (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (m) frame or mirror any part of the Site without Tourist Thailand’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site; (o) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Site for any purpose for which the Site is not intended; and/or (q) infringe and/or violate any of the Terms.
10. Contacting us via the Site
In order to contact us and use the Site, you will need to fill out and complete our contact form available on Site. The contact form requires, inter alia, the User’s full name, e-mail address and telephone number. Additionally, you can optionally provide any text you wish to insert into the “message box”. You may also contact Tourist Thailand via the telephone, email, or WhatsApp correspondence, and via our social media accounts.
12. Intellectual Property Rights
The Site, the Content and Tourist Thailand’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Tourist Thailand and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Tourist Thailand and its licensors.
The Terms do not convey to you an interest in or to Tourist Thailand’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Tourist Thailand’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Tourist Thailand (“Feedback”), Tourist Thailand shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of Tourist Thailand’s current or future services, products or technologies and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Tourist Thailand to comply with any additional obligations with respect to any Tourist Thailand current or future products, technologies or services that incorporate any Feedback.
13. Trademarks and Trade names
Tourist Thailand’s marks and logos and all other proprietary identifiers used by Tourist Thailand in connection with the Site (“Tourist Thailand’s Trademarks”) are all trademarks and/or trade names of Tourist Thailand, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Tourist Thailand’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
14. Linking to Tourist Thailand’s Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Tourist Thailand, and does not portray Tourist Thailand in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Tourist Thailand’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
15. Social Media Features
The Site may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Instagram, and e-mail etc.) (“Social Features“).
16. Advertisements, Promotions, Sponsorships and Benefits
Tourist Thailand may accept and display via the Site advertisements, promotions and sponsorships from third parties and may provide you with benefits provided via third parties. Please note that Tourist Thailand makes no warranties or representations concerning such advertisements, promotions, sponsorship and benefits whether or not Tourist Thailand has control over them. Tourist Thailand may be entitled to certain shares of the earnings from such advertisements, promotions and sponsorship. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts. Tourist Thailand assumes no responsibility for such third party advertisements, benefits and sponsorships and will not be liable for any damage or loss, cost or expense incurred to you or any other person as a result of or in connection with third party advertisements, benefits and sponsorships
All the information contained in such advertisements and commercials belongs solely to the advertisers and Tourist Thailand makes no warranties or representations in respect of such, whether or not Tourist Thailand has control over such advertisements or commercials and these are provided on an “AS IS” basis.
TOURIST THAILAND AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO NOR CAN THEY VERIFY THE ACCURACY OF INFORMATION REPRESENTED IN SUCH ADVERTISEMENTS. THUS, TOURIST THAILAND MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ADVERTISEMENTS.
The Site’s availability and functionality depends on various factors, such as communication networks. Tourist Thailand does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
18. Changes to The Site
Tourist Thailand reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) or the Service without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site, may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Tourist Thailand shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein, and/or the Service. You hereby agree that Tourist Thailand is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
19. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND TOURIST THAILAND, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “TOURIST THAILAND’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY SERVICES OF TOURIST THAILAND SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE SERVICES AGREEMENT BETWEEN TOURIST THAILAND AND EACH USER.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE SERVICE AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE, THE SERVICE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR RELIABLE). TOURIST THAILAND AND TOURIST THAILAND’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
WE DO NOT WARRANT THAT THE BOOKED SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS AND THAT THE PERFORMANCE OF THE BOOKED SERVICE WILL ADHERE TO THE SCHEDULE PROVIDED IN THE SITE. YOU HEREBY RELEASE AND HOLD HARMLESS TOURIST THAILAND, TOURIST THAILAND’S REPRESENTATIVES AND THE OPERATORS FROM ANY DELAYS, BOOKED SERVICE CANCELLATION, INJURIES, DEATHS, OR ANY OTHER DAMAGE WHICH MAY ARRISE DURING THE BOOKED SERVICE.
DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, YOU HEREBY ACKNOWLEDGE THAT TOURIST THAILAND CANNOT GUARANTEE THAT INFORMATION PROVIDED BY YOU VIA THE SITE WILL BE SECURED AT ALL TIMES.
YOU AGREE THAT USE OF THE SITE, THE SERVICE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
20. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL TOURIST THAILAND, THE OPERATOR, TOURIST THAILAND’S AND/OR THE OPERATOR’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE, THE SERVICE, THE CONTENT AND/OR YOUR PARTICIPATION IN BOOKED SERVICES, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF TOURIST THAILAND TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TOURIST THAILAND OR TOURIST THAILAND’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TOURIST THAILAND OR TOURIST THAILAND’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, TOURIST THAILAND AND TOURIST THAILAND’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, THE SERVICE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO TOURIST THAILAND FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM TOURIST THAILAND’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Tourist Thailand, including Tourist Thailand’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use the Site, the Service and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site, the Service and/or the Booked Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
22. Amendments to the Terms
Tourist Thailand may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
23. Termination of these Terms and the Termination of the Site’s operation
At any time, Tourist Thailand may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Tourist Thailand under any applicable law.
Additionally, Tourist Thailand may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Tourist Thailand does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and Tourist Thailand relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Tourist Thailand, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Thailand without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Bangkok District, Thailand. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Tourist Thailand may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Tourist Thailand, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language..
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to [email protected]