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This User Agreement ("Agreement") is made between
Asia Image Travel Company Limited ("Asia Image Travel")
which owns and operates the internet site with the URL:
http://www.iPattayaHotel.com ("the Web Site")
and you who access and/or visit or cause to access and/or
visit the Web Site ("you/your").
Your usage, access, visits, or shopping at the Web is on
express condition that you accept without variation the
terms and conditions set out herein. The information contained
in these WebPages may be amended by us from time to time
without notice to you. You need to review these WebPages
each time you use this Site. Your usage, access, visits,
or shopping at this Site constitutes your agreement to all
the terms and conditions in force for the time being as
set out herein. If you do not agree to any part of the following
terms or conditions, you must not use this Site.
1. YOUR OBLIGATIONS
You agree to:
- keep your Username and Password secured and protected
from unauthorized access or use.
- immediately notify iPattayaHotel.com if you become aware
of, or suspect any unauthorized access to your Username
and Password, or any other breach of security. iPattayaHotel.com
will not be liable for any loss that you may incur as
a result of any unauthorized usage of your Username or
Password or account, either with or without your knowledge.
- maintain and promptly update your Account.
- bear full financial responsibility for all uses of these
Sites by you and those using your login and credit card
information, including but not limited to minors living
with you and to supervise all usage by such minors of
this Site.
- use the information available on or from these Sites
for non-commercial use and information purposes only.
Any unauthorized commercial use of the information or
services provided through this Site is expressly prohibited.
- not to use this Site in a way which interferes with
its availability for other users.
- not to use the account of any other iPattayaHotel.com's
member, without the express permission of the account
holder.
- not to use this Site to make any speculative, false
or fraudulent booking/reservation or any booking/reservation
in anticipation of demand.
2. REPRESENTATIONS WARRANTIES
You fully represent and warrant that:
- you are of sufficient legal age to use this Site in
accordance with all terms and conditions herein and to
create binding legal obligations for any liability you
may incur as a result of the use of these Sites.
- all information supplied by you in using these Sites
are true and accurate;
- you shall not post or transmit any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that
could constitute or encourage conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise
violate any law.
3. SOFTWARE AND COPYRIGHT
This Site and all content on this Site ("the Content")
are the property of iPattayaHotel.com and/or it's travel
product suppliers or independent supplier(s) ("Suppliers")
or the party credited as the provider of such Content. iPattayaHotel.com
retains all rights (including, but not limited to trademark
rights, copyright and patent rights) with respect to all
software and underlying information or material available
through this Site.
The Content is intended solely for your personal, non-commercial
use. You may not copy, print, reproduce, reengineer, disassemble,
upload, download, store, display in public, alter or modify,
publish, transmit, participate in the transfer or sale of,
reproduce (except as provided herein), create derivative
works from, distribute, perform, display or in any way exploit,
any of the Content, in whole or in part.
You are not to download or otherwise export or re-export
any software or underlying information or material available
through this Site, except to the extent that such downloading
occurs in the course of using these Sites in accordance
with our written instructions or otherwise as expressly
permitted in this Agreement. All rights not expressly granted
herein are reserved. This clause shall survive any termination
of this Agreement.
4. DISCLAIMER
Your use of iPattayaHotel.com is at your sole risk. This
Site (including the products and services) is provided on
an "as is" basis and you assume total risk and
responsibility for your use of this Site.
To the maximum extent permitted by law, iPattayaHotel.com
assume no responsibility whatsoever and howsoever and specifically
disclaims all warranties, express or implied, in respect
of this Site including, but not limited to, merchantability,
fitness for a particular purpose, non-infringement of intellectual
property or other proprietary rights or compatibility between
these Sites and any software or hardware.
The information contained in these Sites is subject to
change without notice.
iPattayaHotel.com neither warrants nor makes any representations
regarding the accuracy or completeness, quality or adequacy
of this Site or of any of the data or information contained
in this Site or that the use of this site will be timely,
uninterrupted, secure or error free or that any information,
data, content, software or other material accessible through
this Site will be free of bugs, viruses, worms, trojan horses
or other harmful components. iPattayaHotel.com will not
be responsible for any loss resulting from your reliance
on any information provided on this Site.
5. LIMITATION OF LIABILITY
iPattayaHotel.com ASSUMES NO RESPONSIBILITY, AND SHALL NOT
BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO
OR AUDIO FROM THE SITE. IN NO EVENT SHALL iPattayaHotel.com
NOR ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM,
DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH
ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
- ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
- ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO
THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE
FOR BOOKING/RESERVATIONS OR TICKETING), OR
- THE PERFORMANCE OR NON PERFORMANCE BY iPattayaHotel.com
OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
Notwithstanding anything contained in this Agreement, the
liability of iPattayaHotel.com and/or its Suppliers and
their officers, directors, employees and agents shall in
no event exceed, in the aggregate, US $100.
6. ACKNOWLEDGEMENT
The disclaimer and limited liability of iPattayaHotel.com
as set out in this Agreement are fundamental elements of
the basis of the bargain between you and iPattayaHotel.com,
and you agree that iPattayaHotel.com would not otherwise
be able to offer the products and services on its present
basis without such limitations. This clause shall survive
any termination of this Agreement.
7. FORCE MAJEURE
iPattayaHotel.com shall not be liable for damages of any
kind arising out of any failure or delay by iPattayaHotel.com
in performing any or all of our obligations contained herein
or in respect of any product or service if the failure or
delay is due to circumstances or cause beyond our reasonable
control.
8. RESTRICTION/ CANCELLATION OF SERVICE
iPattayaHotel.com may, at any time and at its sole discretion
and without cause or notice, terminate or restrict your
access to any component of this Site or refuse to give effect
to any booking or booking/reservation requested by you,
terminate your password, account (or any part thereof) or
use of this Site, and remove and discard any Content within
this Site, without being required to give any reasons or
advance notice to you.
Further, you agree that iPattayaHotel.com shall not be
liable to you or any third-party for any termination of
your access to this Site.
9. INDEMNITY
You shall indemnify and keep iPattayaHotel.com and/or any
of its Suppliers and their officers, directors, employees
and agents indemnified against all claims, demands, actions,
proceedings made or brought against iPattayaHotel.com arising
from your use of this Site and/or any breach of any term
or condition by you.
10. LINKS TO THIRD PARTIES
This Site may contain hyperlinks to web sites operated by
third parties. The inclusion of hyperlinks to any such web
sites does not imply iPattayaHotel.com's endorsement of
such web sites nor any association with their operators.
iPattayaHotel.com is not responsible for the contents of
other web sites. Linking to any hyperlinked web sites is
done at your own risk and subject to the specific terms
and conditions (if any) of such hyperlinked sites.
This Site also may contain advertisements by third parties.
Unless otherwise specifically stated on this Site, we do
not endorse or make any representation or warranty regarding
the liability or quality or accuracy of any products or
services featured in, or linked to any advertisements that
appears on this Site.
11. VARIATIONS
iPattayaHotel.com reserves the right to change the terms,
conditions, and policies under which iPattayaHotel.com's
products and services are offered. You are responsible for
regularly reviewing these terms and conditions including
such additional, modified, or varied terms posted from time
to time. Your continued use of this Site shall constitute
your acceptance of the terms and conditions, as modified.
12. SEVERABILITY
Any provision of this Agreement which is invalid, prohibited
or unenforceable shall: be ineffective to the extent of
the invalidity, prohibition or unenforceability; not invalidate
the remaining provisions of this Agreement; and such provision
shall nonetheless be applicable or enforceable to the fullest
extend permitted by law.
13. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
Additional terms and conditions and policies posted on this
Site may apply to your booking/reservations and purchase
of our products and services and use of other components
of the Site and you agree to abide by these terms, conditions,
and policies, and other components of the Site.
14. MODIFICATION
iPattayaHotel.com may at any time modify these terms and
conditions without notice to you and your usage of this
Site shall be conditioned upon the terms and conditions
in force at the time of your use.
15. ENTIRE AGREEMENT
This Agreement constitute the entire agreement between the
parties in respect of its subject matter and supersedes
all prior understandings or agreements (whether oral or
written) regarding the subject matter and may not be amended
or modified except by us herein.
16. GOVERNING LAW
This Agreement and its performance shall be governed by
and construed in accordance with the laws of Thailand and
you consent and submit to the non-exclusive jurisdiction
of the courts of Thailand.
GENERAL TERMS AND CONDITIONS
Please note that the booking/reservation and purchase of
all our products and services (collectively referred to
as "the Travel Products") are subject to the following
terms and conditions AND other terms imposed by our third
party providers, fulfillment providers, airlines, other
travel products and independent supplier(s) ("Supplier")
from time to time ("Supplier Terms").
By affecting a booking of the Travel Products through this
Site, you expressly agree to be bound by terms and conditions
herein and the Supplier Terms.
1. MEMBERSHIP
You may only make bookings or reservations for our Travel
Products or booking/reservation requests upon registration
as a member of iPattayaHotel.com. Membership is not transferable
but a member may make bookings on behalf of non-member(s).
You agree to bear full financial responsibility for all
usage, access, visit or shopping at this Site using your
login and credit card information, including but not limited
to usage by minors living with you.
2. CHANGES TO RATES
The rates quoted in respect of the Travel Products are subject
to change without notice.
3. REMOVAL OF TRAVEL PRODUCTS
iPattayaHotel.com reserves the right at any time and from
time to time to remove, modify or discontinue, temporarily
or permanently the Travel Products (or any part thereof)
with or without notice. You agree that iPattayaHotel.com
shall not be liable to you or to any third party in any
way for any modification suspension or discontinuance of
the Travel Products.
4. RESERVATIONS
iPattayaHotel.com and their Suppliers are entitled at their
discretion to refuse and/or decline to accept any booking
or reservation placed through this Site. You are responsible
for your travel planning and any bookings or reservations
made based on such planning. iPattayaHotel.com will not
be held liable nor entertain a refund of any nature should
you book or reserve a Travel Product that is not suitable.
If you have any special requests, these will be passed on
to the relevant Suppliers but cannot be guaranteed by iPattayaHotel.com.
Unless otherwise stated, all bookings or reservations are
non-exchangeable and non-transferable.
5. TRAVEL PRODUCTS
All Travel Products posted on this Site are offered by independent
Suppliers and are subject to their terms and conditions
and the availability of the Travel Product. iPattayaHotel.com
does not independently verify the accuracy and quality of
the information and does not guarantee its accuracy, completeness
or adequacy. iPattayaHotel.com merely acts as a electronic
booking platform for Travel Products of the Suppliers and
shall not be responsible nor liable for: overbooking, misinformation
or mishandling of any booking/reservation or booking by
the Suppliers; or any other dissatisfaction or complaint
relating to the quality of the Travel Products provided
by the Supplier; any damage or loss to your personal property
or personal injury howsoever sustained or caused. iPattayaHotel.com
shall not be considered a party to any transaction between
you and any Supplier whether or not iPattayaHotel.com may
have received some form of revenue or remuneration in connection
with such transaction or be liable for any costs or damages
arising out of, either directly or indirectly from you or
any other person involved or related to the transaction.
6. TRAVEL REQUIREMENTS
It is your responsibility to obtain a visa (where required)
and other relevant travel document at your own costs. Please
ensure you have a valid passport for the duration of your
trip. If you require any further information on passport
or visa requirements please refer to the Web Site or contact
our customer services department
7. FORCE MAJEURE
Neither iPattayaHotel.com nor the Supplier shall be liable
for damages of any kind arising out of changes to the rates,
route, timetable and itinerary in respect of the Travel
Product due to unforeseen circumstances or circumstances
beyond our control.
BOOKING/RESERVATION REQUESTS
In order for us to process your booking/reservation request,
you are required to provide details of your credit card.
Submission of your booking/request shall be deemed to be
IRREVOCABLE AUTHORIZATION by you for iPattayaHotel.com to
book the Travel Product(s) immediately on your behalf and
charge your credit card for full payment upon receipt of
the Supplier's confirmation of the availability of your
requested Travel Product(s). The balance payment for these
Travel Product(s) (if applicable) shall be charged to your
credit card by us. However, iPattayaHotel.com will not automatically
charge your credit card and make a booking/reservation on
your behalf where there is a difference in the quoted rates.
Within 48 hours of the submission of your request, you
shall be notified on the status of your request via email
at your designated email address provided as part of your
registration with iPattayaHotel.com. In the event of your
requested Travel Product(s) is not available, you shall
be provided with suggestions of alternative Travel Product(s).
There shall be no fees charged on you nor shall we charge
your credit card unless you decide to accept the suggested
Travel Product(s).
Notwithstanding the above, there may be situations beyond
our control where we may not be able to notify you due to
an incorrect or invalid email address or due to technical
problems. If for any reason whatsoever you do not receive
an email notification from us within 48 hours from the submission
of your request, you are solely responsible to immediately
check the status of your booking/reservation request at
your iPattayaHotel.com personal folder or contact our customer
service center immediately. Please quote your booking/reservation
reference number or your user name when contacting us. For
avoidance of doubt, the submission of your booking/reservation
request shall be an irrevocable instruction and authorization
by you to iPattayaHotel.com to book the Travel Product(s)
on your behalf and arrange for their due payment in accordance
to the terms and conditions hereof AND you agree and confirm
that the non-receipt of an email notification by iPattayaHotel.com
for whatsoever reasons shall not invalidate your booking/reservation
request nor render the request void in any way.
1. NON-AVAILABILITY
All Travel Products offered on this Site are subject to
availability and acceptance, at the discretion of the Supplier
of such product or service.
In the event a Travel Product booked by you is not available,
iPattayaHotel.com shall use its reasonable endeavors to
suggest an alternative product or service of similar pricing
and quality.
Where the Travel Product is either not available or our
suggested alternative (where applicable) is not acceptable
to you but is nevertheless fully paid, we shall make a refund
in accordance with our Refund Policy.
If you fail to accept our suggested alternative Travel
Product by the specified deadline, we reserve our right
to cancel our tentative booking of the same.
2. CHANGES TO ITINERARY
If the payment transaction has not been processed, you
may make changes to your itinerary without having to pay
a service charge. However, your balance will be adjusted
if the changes involve upgrades or supplementary products
or services.
If the package has already been paid in full, you can still
make amendments to your itinerary. Incremental payment,
if any, will be charged to your credit card.
If a package has already been paid in full and you would
like to replace it with another entirely different package,
you will have to cancel the first package and make a new
purchase.
3. REFUND POLICY
In the event you decide to cancel your booking/reservation,
you may be entitled to a refund depending on the current
policy in force of iPattayaHotel.com. Read more about 2ThailandTour's
Refund Policy, click here
4. TRAVEL VOUCHERS
It is your responsibility to ensure that the details on
your travel voucher are correct, accurate, and complete.
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