The Website Administrator hereinafter referred to as the “Administrator” publishes the current User Agreement hereinafter called the User Agreement or the Agreement which is a public offer with regard to the users of online-samui.com Website hereinafter referred to as the User.
Before accepting the current User Agreement we are asking you to read carefully the conditions of usage set forth below. When using the Administrator’s services you understand the terms and conditions set forth in this User Agreement and you are obliged to follow them. If you do not agree or do not have a full understanding of some paragraphs of the User Agreement, you are obliged to reject using the Administrator’s services. The usage of the Administrator’s services without accepting the terms and conditions of this User Agreement is not possible. This User Agreement enters into force from the moment of its acceptance by the User.
1. Terms and definitions
1.1. The Administrator - the Website Administrator representing his Website to the Users for searching and booking services provided by the Services Provider.
1.2. Acceptance - full and unconditional acceptance by the User of the terms and conditions of this User Agreement by using the Administrator’s website for booking the services provided by the Services Provider.
1.3. Booking - a reservation of a service with an intention of its further usage.
1.4. Order - the User’s request for purchasing services offered by the Services Provider at the Website.The request is processed at the Website by filling in the booking form by the User himself.
1.5. Services Provider - a legal or a natural person performing the services ordered by the User via the Website.
1.6. Content - filling and design of the website in the form of texts, advertisements, images, photos, videos and other materials.
1.7. Customer - any neutral or legal person ordering or intending to order the Contractor’s services.
1.8. Online booking - a reservation of a service at https://online-samui.com/ with the help of the website software and information means.
1.9. Website - an official website of the Administrator in the world wide web Internet with an address https://online-samui.com/.
1.10. Agreement (User Agreement) - current User Agreement regulating the relations between the Website and the User (Customer) as long as the User is provided with an access to the Services at the Website.
1.11. Parties - The Administrator and the User together.
1.12. User’s Personal information - private information that the User provides about himself of his own free will when using the Website or making a reservation at the Website.
1.13. Website User (User, Registered User, Customer) - any neutral or legal person (a representative of a legal person) using the information and services published at the Website.
1.14. Website Services - a number of intermediary actions and information services of the Administrator of https://online-samui.com/ Website on booking the Services Provider’s services for the User.
1.15. Tour Service - a service of an individual or group visit to a museum, attraction, exhibition, factory, other places of interest, a zoo, an aqua park, a beach, islands, parks, national parks, sea territories, or a service including a sea, river or lake fishing, elephant riding (elephant trekking), quad biking, horse riding, bungee jumping, paragliding, parachuting, etc. The price of the tour usually includes a ticket and transfer from a hotel. Some tours also include the services of a tour guide.
1.16. Shopping Service - the service of organising the transfer to shopping centers and shops with the purpose of purchasing goods provided by the Website Administrator to the Customer. The service includes only booking of the transport from a shop. The transfer is performed by the shop itself.
1.17. Spa Service - a service which has got recreational, cosmetology and/or relaxation purpose which consists in applying manual and/or machine techniques to a body, performed in comfortable and peaceful atmosphere. The service includes only booking of a transfer to a spa salon. The services of a spa salon are provided by the spa salon itself.
1.18. Taxi Service - a service provided by the Services Provider which consists in delivering the Customer to an agreed place by auto transport.
1.19. Group Transfer Service - a booked in advance service of transporting the Customer by the Services Provider in a group of other passengers to an agreed place.
1.20. Visa Service - a number of services provided by the Services Provider which include a transfer from a hotel or an apartment and transportation of the Customer to the border of the country where the Customer is going to obtain a visa (Laos,Malaysia, Cambodia, etc.), crossing the border together with the attendant who is responsible for preparing all the necessary documents, lodgement the documents to the embassy, checking in to the hotel for waiting for the grant of the visa on the next day, meals, return transfer of the Customer to the hotel, apartment, etc. The Customer may choose the type of the Service - including meals and not including meals.
1.21. Photo session Service - a service provided by the Services Provider which includes a transfer to the shooting scene and photographer’s services. Depending on the wish of the Customer, The Service may not include the transfer.
2. Acceptance of the User Agreement
2.1. The Acceptance of the User Agreement is considered to be the usage of the Administrator’s Website with the purpose of booking the Services provided by the Services Provider.
2.2. The acceptance does not have a force if was accepted with some conditions or stipulations.
2.3. The acceptance of this User Agreement shall be valid if the following conditions are observed at one time:
2.3.1. The User reads carefully all the terms and conditions of this User Agreement.
2.3.2. The User agrees to abide with the conditions of this User Agreement.
2.3.3. The User gives permission to the Administrator and Services Provider to process its personal information in accordance with the conditions of this User Agreement.
3. Subject of the Agreement
3.1. The subject to this Agreement shall be providing the User with an access to the Content and Services published at the Website. The Website Services include the possibility of usage the Website for booking the Services provided by the Services Providers.
3.2. The User recognises and agrees that the Administrator is not the Services Provider and is not liable for the Services provided as the Administrator is the intermediary party between the User (Customer) and the Services Provider who actually provides the User with the Services.
3.3. The Services Providers are not the employees or affiliated persons of the Administrator, they are independent persons that are liable for the provided Services. The Administrator takes all the possible measures to provide the Users with the possibility of booking the Services only from the reliable and approved Services Providers. However, in case of failure or improper performance of the obligations by the Services Provider, the Services Provider itself shall be liable for the possible consequences.
3.4. The User is given a free access to the published information which includes news, articles, video and photo content and other informative materials. The User pays only for the booked Services in accordance with the conditions set forth on the page with the description of each Service.
4.Reservation of the Services
4.1. The User shall read the information about the Services given at the website including the information about the prices, itinerary and other points which are included in the Service.
4.2. After the User has selected the necessary Service, he shall open the page with the description of the Service and fill in the booking form and insert all the required information. Some Services can be booked by the User without upfront payments via telephone, feedback form at the Website, messengers, social networking websites or other means.
4.3. The following minimum information is compulsory for filling in the form:
4.3.1. name;
4.3.2. telephone number;
4.3.3. email address.
4.4. The following information can be required in the booking form:
4.4.1. date of the trip;
4.4.2. time of the trip;
4.4.3. programme;
4.4.4. number of passengers;
4.4.5. number of adults;
4.4.6. number of children;
4.4.7. where to pick you up?;
4.4.8. room number;
4.4.9. destination;
4.4.10. extra information.
4.5. Depending on the type of the Service the list of the required fields may vary and include additional fields.
4.6. The Administrator recommends to fill in all the fields required in the booking form which will help to avoid possible misunderstandings and save time for the User, the Administrator and the Services Provider.
5. User Information Support
5.1. On his own free will the User agrees to being informed about all the actions of the Website Administrator, connected with the reservation; as well as the information on the process of performing the order and any other events which refer to the Website Services.
5.2. The User agrees to receive information via email, which he indicates when filling in the booking form at the Website and/or via sms sent the User’s phone number.
5.3. The Website Administrator is not liable for any delays, errors, inaccurate or belated delivery, removal or loss of any User’s notifications. The Website Administrator has got the right to resend the notification in case The User failed to receive it.
5.4. The User can ask questions about information support to the Customer Support Service through the Website Online Support Service, feedback form or telephone hotline during the working hours which are indicated at the Website.
6. Rights and Obligations of the Parties
6.1. Obligations of the User:
6.1.1. When booking a Service provided by the Services Provider, the User is obliged to provide full accurate information required in the booking form and which is necessary for implementing the Administrator’s obligations with regard to the order. The User is obliged to keep this information up-to-date and inform promptly about all the changes in the data which was provided by the User during the booking process.
6.1.2. If requested by the Administrator, the User is obliged to provide additional information which is relevant to the provided Website Services.
6.1.3. When using the Website, the User is obliged to respect proprietary and non-proprietary rights of the authors and other copyright holders.
6.1.4. To avoid any actions which may result in violating the privacy and confidentiality of the information which is under the protection of the legislation.
6.1.5. Not to post comments, text notes, or url links advertising other resources at the Website. Otherwise, such comments and/or text notes will be deleted by the Website Administrator and the User’s IP will be blocked.
6.1.6. Not to post comments, text notes and url links at the Website and in the webinar room chat which contradict the requirements of the legislation and universally accepted moral and ethical norms. Otherwise, such notes and/or comments will be deleted and the User’s IP address will be blocked.
6.2. The User is obliged not to use the Website Service with the purpose of:
6.2.1. Faking his identity, feigning to be another person or representative of some organisation and/or association, including the Website managers, without possessing the sufficient rights for that purpose.
6.2.2. Motivating to illegal actions and assisting persons whose acts violate the restrictions and prohibitions existing.
6.2.3. Collecting, analyzing and storing personal data, information concerning private life of any persons and any other information which is protected by the law.
6.2.4. Violating regular operation of the Website (spam, DDoS attacks, etc.).
6.2.5. Violating the rights of the under-aged and/or causing the latter any harm.
6.2.6. Violating the norms of the Thailand and International law.
6.3. Rights of the User:
6.3.1. To get a 24/7 access to the Website usage except the time of the technical works at the Website.
6.3.2. To get a 24/7 access to the Website Services except the time of the technical works at the Website.
6.3.3. To suggest changes concerning the Website functionality. The suggestions are sent to the Customer Support Service in a free form.
6.3.4. To receive information on the Services, their booking, payment and usage by directing questions to the Customer Support Service.
6.3.5. To use the Website solely for the purposes specified by the Agreement and not forbidden by the legislation.
6.4. The User is forbidden:
6.4.1. To violate the operation of the Websites by any means.
6.4.2. To use any gadgets, programmes, procedures, algorithms and methods, automated devices or any equivalent hand-operated processes for getting an access to the Website content, retaining, copying or tracking the information from the Website.
6.4.3. To get an unauthorized access to the Website functions and any other systems or webs referring to the Website, as well as to any Services listed at the Website.
6.4.4. To bypass by any means the Website navigation system for getting or trying to get any information, documents or materials by using ways which are not permitted by the Website services.
6.4.5. To use a reverse search, trace down or try to trace down the information about any Website User.
6.4.6. To violate the safety or authentication systems of the Website or other webs related to the Website.
6.4.7. To use the Website and its content for the purposes restricted by the legislation, as well as to encourage any illegal actions or any other actions violating the rights of the Website, the Administrator or other persons.
6.5. Obligations of the Website Administrator:
6.5.1. To provide the User with a 24/7 access to the Website and its Services except the time of technical works at the Website.
6.5.2. To ensure privacy and confidentiality of the User’s personal data which he provides when booking a Service at the Website or during further interacting of the Parties.
6.6. Rights of the Website Administrator:
6.6.1. To limit the User’s access to the Websites if the User has violated any terms and conditions of the current Agreement.
6.6.2. To refuse providing Services to the User in case he has provided inaccurate information, or if the Administrator has got all grounds to believe that the provided information is incomplete and/ or inaccurate.
6.6.3. To change and edit the current User Agreement, as well as to change and edit the Website content without informing the User in writing. The changes enter into force from the moment of publishing of the new edition of the Agreement at the Website.
6.6.4. To alter the amount of payments for the provided Website Services unilaterally.
7. Payment Procedure and Refund Guarantees
7.1. The payments for the Services are made by the User via payment system service in accordance with the information published at the Website in the section with the description of each service.
7.2. The Services - Taxi, Tour, Spa, Shopping, Group Transfer, Visa, Photo session - are paid directly to the Service Provider immediately after the Service was provided to the Customer, or through the Website service by way of partial or full prepayment.
7.3. The Website Administrator has got the right to alter the terms and conditions of the payment procedure without informing the User in writing.
7.4. In case of the Customer’s refusal of a Service, the Website Administrator guarantees money refund, if the money was paid in directly through the payment system to the Administrator’s bank account. The refund shall go to the bank details from which the money was transferred.
7.5. The User shall receive a full refund if he cancels the Service not later than 3 (three) calendar days before the moment of the Service provision.
7.6. If the User cancels the Service not later than 2 (two) calendar days before the moment of Service provision, he shall receive the refund less the sustained expenses in the amount of 50% from the full amount which was paid.
7.7. Should the User cancel the Service 24 hours before the moment of the Service provision, he shall not receive any refund due to the expenses for the Service performance that the Service Provider has suffered.
7.8. If the User pays for the Services to the Service Provider directly, the refund shall be paid by the Service Provider.
8. Copyrights
8.1. The Administrator and other copyright holders own the exclusive rights for all the objects published at the Website, including design elements, texts, graphic images, illustrations, videos, scripts, programmes and other objects and their selections. All rights for these objects reserved.
8.2. The Content can not be copied (reproduced), remade, distributed, displayed in a frame, published, downloaded, sold or used fully or partly in any other way without prior permission of the copyright holder, except for the cases set by the current Agreement, as well as by the legislation, and when the right owner has given his consent to free usage of the Content by anybody.
8.3. Except for the usage permitted by the current Agreement, any usage of the Website or Content is strictly forbidden without a written permission of the rights owner, or unless the rightsholder has expressed his strong agreement in writing.
8.4. If the current User Agreement does not clearly state something, nothing in this Agreement can be regarded as transfer of the exclusive rights for the Content to somebody.
9. Document Flow
9.1. Electronic document flow between The Parties has a legal power equal to regular written document management.
9.2. The parties recognize the legal power of emails – documents sent via e-mail services or feedback forms at the Website. Such documents are considered documents drafted in a simple written form and signed by an analog of a handwritten signature (email address), with a presumption that only the Parties and their authorized persons have access to the appropriate means of communication - e-mail addresses.
10. Liabilities of the Parties
10.1. In accordance with this Agreement the Administrator acts solely as the intermediary party between the User and the Services Provider, therefore the Administrator is not liable for the actions of the Services Providers, the Administrator is liable only for the booking and reservation of the services provided by the Services Providers.
10.2. Should the User have any complaints about the quality of the services provided by the Services Provider, the User shall pass all the claims directly to the Services Provider.
10.3. The User recognizes and agrees that the contents and result of the services might not meet the User’s expectations.
10.4. The User agrees that the subject of the service and the order of its performance can be changed by the Services Provider unilaterally if the Service cannot be performed under the conditions that were initially discussed, or is difficult to perform due to objective reasons, such as bad weather, national holidays, big traffic jams, etc. The User agrees that such change of the conditions of the Service performance is not considered as a breach on part of the Services Provider with a presumption that the only reason for those changes shall be providing the User with the maximum high-quality service.
10.5. The User agrees that the Services Providers have got the right to refuse providing the service to the User, including an earlier paid service if it is not possible to perform the service under the agreed conditions.
10.6. Should the User breach the existing legislation or universally recognized rules and norms of behaviour (using foul language, insulting, etc.) when booking the services, The Administrator has got the right to refuse providing his services to the User.
10.7. Under no circumstances The Administrator be liable for any consequential, indirect, incidental damage (including lost profits, damage caused by lost data) resulting from and/or relating to the use or impossibility to use the Website, including failure in website work or other breaks in Website usage, even though the Administrator has warned and specified such possible damage.
10.8. The User recognizes and agrees that the access is provided to the Website “as it is”. The Administrator doesn’t give any guarantees relating to the consequences of the Website usage, and Website interaction with another software.
11.9. The access to the Website or its elements can be partly or fully limited due to preventive and other kinds of technical works which provide the proper functioning of the Website. In this case, the Administrator is not liable for notification of the Users and/or Users failure to receive such information.
10.10. The Administrator does not provide any guarantees that the Website can be suitable for particular purposes of its usage. The User recognizes and agrees that the result of the Website usage might not meet the User’s expectations.
10.11. The usage of the Website materials with commercial and other non-personal purposes without the consent of the Administration is forbidden.
10.12. The Content of the Website may contain links to other resources. The Website Administrator is not responsible for the access to these resources and for their content, as well as for any consequences of the of this content by the User.
10.13. The liability of the Administrator is limited to the extent of the amount of sums of money paid by the User to the Administrator.
10.14.The Website Administrator is not liable for a possible loss and/or damage of data, which may result from breaching the statements of this Agreement by the User or from incorrect access and/or usage of the Website Services.
10.15. Should the User breach any of the statements of this Agreement, the Website Administrator has got the right to stop, limit or terminate the access to any Website sections and/or to the Website Services anytime with or without prior notification. At the same time, the Administrator is not liable for any harm that may be caused to the User.
11. Force Majeure
11.1. The Parties are not liable for partial or complete non-fulfilment of their obligations under the present Contract due to force-majeure circumstances which are beyond their control and can not be foreseen or prevented such as: earthquake, flood, other natural disasters, war, civil war, blockade, embargo, strikes, introducing laws by the government which prevent the fulfillment of the Agreement.
11.2. The certificate (evidence) provided by the local authorities is a sufficient confirmation of the presence and continuance of the force majeure circumstances.
11.3. The Party which is not able to perform its obligations due to force majeure circumstances has to notify the other Party in writing during 10 (ten) calendar days about the force majeure circumstances and their influence on the performance of obligations under this Agreement.
12. Terms and Conditions of Agreement Alteration and Termination
12.1. This User Agreement can be altered by the Administrator any time unilaterally.
13. Solving disputes
13.1. All disputes arising between the Parties are solved by negotiations.
13.2. The Parties have come to an agreement that the pre-court procedure of settlement of disputes arising in the process of fulfillment of this Agreement is obligatory.
13.3. Claims on the Agreement shall be sent by the Parties via email.
13.4. The Parties agree that the term of reply shall be not longer than 30 (thirty) calendar days.
13.5. Should the judicial contest arise, the dispute goes to the Administrator’s place of residence.
14. Miscellaneous
15.1. The Parties agree that all the other moments which are not covered by this Agreement will be regulated by the existing legislation norms.
15.2. This Agreement contains the entire agreement between the Parties regarding the subject of the Agreement which cancels and makes invalid all the previous obligations or notions which might have been accepted or made in verbal or writing form before the conclusion of this Agreement.
15.3. Each of the Parties has got the right to refuse unilaterally to fulfill the current Agreement. Each Party has to inform the other Party by means of electronic communication not later than 3 (three) working days. The User’s e-mail is indicated when he is registered at the Website. It is possible to inform the Website Administrator about the termination of the Agreement through the feedback form at the Website.
15.4. This Agreement in the form of the User Agreement is concluded by way of the offer-acceptance without signing any written documents.