Pinder Tour agrees to provide touring service (hereinafter as “Tour”) to the Participant’s affiliates, partners, employees, staff and any other person joining the Tour, hereinafter called ““Participant Member” and;
The Participant agrees to let the Participant Member to participate the Tour provided by Pinder Tour and provide payment pursuant to terms and conditions set out below.
NOW THEREFORE, The parties agree as follows:
NO RESPONSIBILITY FOR LOSSES OR DELAYS
1.1 Pinder Tour acts only in the capacity as agent for the Participant. Pinder Tour does not own or operate any ships, airplanes, busses, trains, autos and shall not be liable for any delay, loss or accident occasioned by fault or negligence of any carrier or other person or company obligated to perform transportation services, furnish accommodations, or otherwise in connection with the tour.
1.2 Pinder Tour shall not be responsible for any loss, expense or inconvenience caused by late arrivals and departures of ships, airplanes, busses, trains, autos, or any change of schedule, acts or inaction of carriers, hotels other third parties or other events or occurrences.
1.3 Pinder Tour shall also not be liable for loss or damage to baggage or any other article of personal property of Participant Member. The airline tickets issued by the airline shall constitute the sole contract between the airline and the Participant or the Participant’s Members as the case maybe in the Tour relating to transportation.
1.4 Pinder Tour shall have no liability to the Participant Member who are late for departure for/from an airport or otherwise miss scheduled departures. In most cases, airline tickets are non-refundable, and Pinder Tour shall not be liable if any Participant Member loses their tickets. In the event the Participant Member breaches the Tour itinerary, all payments made by Participant shall be retained by Pinder Tour to be applied to damages incurred by Pinder Tour; provided further; that such retention of payment shall not prevent Pinder Tour from seeking recovery of additional damages from the Participant.
1.5 Pinder Tour shall not be liable for any loss or damages whatsoever suffered by the Participant or the Participant’s Member including but not limited to accidents occurring in water activities such as jet ski, banana boat ride, natural disasters, fraud and negligence caused by any person.
2. RATE CHANGES, CHANGES TO ITINERARY. Rates quoted are based on current taxes, tariffs and fuel costs in effect at the present time and are subject to change without notice. In the event of a tax increase or fuel surcharge, the Participant agrees to pay the additional cost. If the Participant chooses to cancel due to the increase in cost, all cancellation penalties will apply as listed below in Clause 3. Although no revisions to the itinerary are anticipated, Pinder Tour reserves the right to make any changes, with or without notice, that may become necessary, and the Participant agrees to pay any additional expenses or costs attributable to such changes in the itinerary.
3. REFUND POLICY, NON-REFUNDABLE PAYMENTS, & CHARGES. The Participant agrees to the following refund policy and non-refundable payments. All cancellations are subject to Pinder Tour’s sole discretion and written notice must be submitted to Pinder Tour before any refund will be considered. All refund checks will be issued and mailed to the issuer(s) within thirty (30) days after the scheduled Tour date. Cancellations received after business hours will be posted on the next business day.
3.1 If the Participant cancels the Tour at least thirty days (30) days prior to the Tour date, due to lack of participation or unforeseen circumstances, Pinder Tour will refund an amount equal to the deposits made.
3.2 If the Participant cancels the Tour less than twenty five (25) days but at least sixteen (16) days prior to the Tour date, the Participant shall be subject to a cancellation charge of 25% of the tour cost plus any non-refundable deposits and expenses made for the purpose of the Tour.
3.3 If a the Participant cancels the Tour less than fifteen days (15) days, but at least two (2) days prior to the scheduled Tour date, the Participant shall be subject to a cancellation charge of 75% of the tour cost.
3.4 If the Participant cancels the Tour twenty four hours (24)hours or less prior to the scheduled Tour date, the Participant shall be responsible for 100% of the tour cost.
4.1 Pinder Tour shall not be held liable if the Participant Member make cancellation. Any refund will not be considered for such cancellations.
4.2 Pinder Tour may cancel the Tour by reason of any event or occurrence which it deems to create a concern for travel safety, or if any major component of the Tour (i.e., transportation or accommodations) shall be canceled as a result of any such event. In such event, Pinder’s sole liability to the Participant shall be to refund to Participant such amount as Pinder Tour receives as a refund from its vendors applicable to Participant’s participation in the Tour, less such administrative fee as it deems necessary to cover Pinder’s costs to the date of such cancellation in connection with such Tour.
5. INSURANCE COVERAGE. Pinder Tour agrees to provide insurance coverage with AXA Insurance Public Company Limited, as attached hereto, for the duration of the Tour.
5.1 The Participant agrees to ensure that each Participant Member’s passport holder must have at least 6 months availability.
5.2 Pinder Tour shall have no liability to Participant Member who choose not partake in services such as meals or other activities.
6. Governing Law
This agreement, and any dispute arising out of this Agreement, shall be governed and construed by laws of Thailand. The parties further agree that this Agreement shall only be subject to the jurisdiction of the Court of Thailand.