Please read very carefully how we set out our and your respective rights and obligations. The terms "we", "us", "our" "KST" and "kohsamui.tours" refer to Koh Samui Advisor Co., Ltd. (TAT License No.44/00295), a limited company located in Thailand. As soon as you have booked through kohsamui.tours (KST), you accept the general terms and conditions set out below.
§ 1 The object of the contract
1.1 kohsamui.tours offer a brokerage platform for tourist services on the website kohsamui.tours provided by kohsamui.tours, on which customers can search and book services. kohsamui.tours mediates service contracts between selected service providers and customers and carries out their commercial processing. With the commissioning of kohsamui.tours there is no contract for the provision of services to kohsamui.tours or on behalf of kohsamui.tours to the customer, but only an agency contract between the customer and kohsamui.tours
1.2 kohsamui.tours is entrusted by the customers with the mediation of service contracts via the services offered by the service providers on the website kohsamui.tours The service contracts brokered by kohsamui.tours are concluded exclusively between customers and service providers and only entitle and oblige the contracting parties. There are no claims against the brokered service, particularly claims for damages due to breach of duty by the service provider, against kohsamui.tours. The relationship between kohsamui.tours and the customer does not constitute a contract in favor of or with protection for third parties.
§2 Payment processing
2.1 The brokerage service of kohsamui.tours, between customers and service providers, is free of charge for the customer.
2.2 All payments from the customer to the service provider for the remuneration of the booked services are made via the payment service provider of kohsamui.tours The customer pays the booked service to the payment service provider of kohsamui.tours at least partially in advance as part of the booking or purchase process.
2.3 Booking confirmations are the responsibility of a final reconfirmation on the part of the service providers and, upon receipt, with prior consent from the customer, can be adjusted if necessary or canceled by kohsamui.tours at any time.
2.4 Should services include an unbooked additional service, this must be reported to kohsamui.tours immediately. The additional costs incurred by an additional service provided by the service provider must be borne by the customer and settled via kohsamui.tours
2.5 Purchases made are always subject to the exchange rates on the day on which they were made. If at the customer's request, invoices are not made in Thai Baht or on a day other than the purchase date, the exchange rate of the purchase date always applies retrospectively.
§ 3 Cancellation policy
3.1 Customers can cancel booked services free of charge up to 24 hours before the start of the service.
3.2 If the customer cancels less than 24 hours before the start of the service, the service providers are entitled to the agreed remuneration in full.
3.3 Customers can not change their booking details on the travel or delivery day. Service providers are entitled to the full amount of the agreed remuneration on the day of travel or delivery.
3.4 Cancellations that are made exclusively by kohsamui.tours without the participation of the customers will be reimbursed 100% without any transaction or processing fees.
3.5 Vouchers sent by kohsamui.tours, which the customer requests in advance or within the cancellation period, immediately lose all cancellation rights from the time of dispatch.
3.6 Agreed repayments will be processed within 3 working days.
§ 4 Liability
4.1 kohsamui.tours is not liable for the execution of the service contract between the service providers and customers. Liability lies solely with the service providers. kohsamui.tours does not guarantee the implementation of the service contract.
4.2 kohsamui.tours is obliged to provide the customer with the contact details of the relevant service provider immediately in the event of a complaint resulting in a presumed breach of contract by the service provider. The contact persons for questions and claims in connection with the service contract and its implementation in accordance with the contract are always the respective service providers between the customers and service providers.
4.3 The information contained in the product descriptions is always regarded as an obligatory level of knowledge on the part of the customer. kohsamui.tours is not liable for damage resulting from a lack of knowledge and / or incorrect self-interpretation by the customer.
4.4 kohsamui.tours assumes no liability for additional costs that are not explicitly described in the product descriptions provided by kohsamui.tours.
4.5 kohsamui.tours assumes no liability for any incorrect information provided by the service providers, in the form of their own brochures, with regard to the services offered to customers and travel agencies.
4.6 Customers are obliged to ensure the complete correctness of their booking data sent to kohsamui.tours. kohsamui.tours is not liable for damage or possible additional costs that arise from incorrect or incomplete booking data provided by customers.
4.7 If a hotel transfer is included in the selling price, customers are obliged to comply with the pick-up or waiting time communicated by kohsamui.tours. kohsamui.tours is not liable for the absence of the customer or a possible subsequent cancellation by the service provider.
4.8 Tickets (vouchers) sent by kohsamui.tours include, among other things, an exact pick-up time. If, for any reason, the customer cannot be found at the pick-up location at the pick-up time notified to them, the service provider has the right to completely cancel the customer's booking without any contact being made and is entitled to the full amount of the agreed remuneration. The maximum waiting time, during which the service provider is able to wait for customers at the pick-up point, is 10 minutes.
4.9 In all other cases, kohsamui.tours is only liable in the event of culpable violation of essential contractual obligations, the fulfillment of which is necessary to achieve the purpose of the contract and also only for foreseeable damage.
§ 5 Insurance
5.1 All offers and service providers selected by kohsamui.tours on the website https://kohsamui.tours are, as of the integration of your services on the website https://kohsamui.tours, in possession of a legally required TAT license and the associated travel insurance up to one Sum of THB 100,000 (in the event of injury) and THB 200,000 (in the event of death), which is covered by the Thai Tourism Authority (TAT).
5.2 Some of the service providers selected by kohsamui.tours have additional travel insurance of their own (such as through Allianz) and thus offer customers extended insurance protection. The services of the corresponding service providers are described in more detail in the product description provided by kohsamui.tours, under the paragraph "Accident Insurance".
5.3 As a mediator of services between customers and service providers via the website https://kohsamui.tours, kohsamui.tours is not liable for any insurance claims on the part of the customers. For valid claims, the customers must contact the respective service provider on the basis of the brokered service contract between the customer and service providers.
§ 6 Rights of use
6.1 The user grants kohsamui.tours free of charge to the content placed by him on the platform provided by kohsamui.tours with a simple, revocable, spatially and temporally unlimited, sublicensable right of use. This right of use is not limited to the use of the platform.
6.2 The customer can submit reviews of the services provided on the kohsamui.tours platform. kohsamui.tours uses an independent, non-manipulable rating system (judge.me), which automatically checks the relevant ratings and, if necessary, as a "verified purchase!" indicates.
6.3 Assessments must be based on verifiable facts. They must be compiled factually in accordance with the principle of fairness and must not have any offensive, abusive, criminally relevant or other illegal content (e.g. violating industrial property rights of third parties). Reviews always represent statements by the user as the author and not statements by kohsamui.tours. Unjustified multiple reviews, self-reviews or other forms of an attempt to distort the rating system are prohibited.
6.4 Our employees are entitled to take photos and films of the customers (as part of a group) during services and use them in our brochures, on our website and / or as general advertising material, without the separate consent of the customers is required.
§ 7 Final provisions
7.1 kohsamui.tours is entitled to change these terms and conditions at any time. The changed regulations will be announced at least two weeks before the entry into force by customer email. Customers can object to the changed terms and conditions within two weeks of becoming aware of them. If this contradiction does not occur, the new terms and conditions are considered accepted. kohsamui.tours will separately inform the customer in case of a contradiction.
7.2 If a provision or parts of a provision of these terms and conditions are invalid, the remaining provisions or parts of the provision remain unaffected.
7.3 kohsamui.tours is entitled to transfer all rights and obligations from the contract with the customer to third parties in whole or in part. Customers will be informed of this in good time and can object to the transfer within two weeks of receiving the information if they have a legitimate interest in it.
7.4 The agency contract between the customer and kohsamui.tours and all matters arising from it are subject to Thai law. Disputes, claims or other matters arising out of or in connection with this contract or your vacation can only be dealt with by the courts of the Kingdom of Thailand.
7.5 As part of the duty of care, the customers ensure their availability at the email address provided by them from the time of their booking. Customers undertake to respond to inquiries from kohsamui.tours as promptly as possible in the sense of the urgency of the full performance of the contract. This has to be done to the same extent towards the customers for kohsamui.tours.