Terms and Conditions
1.1 Please read these terms and conditions carefully before making your booking. By making a booking with us, you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.
1.2 You agree to be legally bound by these terms and conditions of use as they apply to your order.
1.3 If you do not wish to be bound by these terms and conditions then regrettably you may not place an order via our website.
2. Nature of our web site
2.1 Our websites are places for you to select and order a transfer service to take you to and/or from your holiday resort, from and/or to the relevant airport (the "Service"). Our website describes our Services in more detail.
2.2 Please note that the contents of our web site are aimed only at users aged 18 and above, and you must be 18 years or over to purchase the Service, using the payment method displayed on our website.
3.1 To place an order you must follow the ordering procedures set out on our order page of our website. All orders must be placed at least 24 hours in advance of your transfer.
3.2 We are entitled to refuse any order placed by you. We do not guarantee to successfully allocate to every booking request. In the event that we are unable to accept your booking request we will send an email to advise you. An alternative may be offered which may include additional charges. If your order is accepted, we will acknowledge your booking and issue a booking voucher to the e-mail address you have given us on ordering. Subject to clauses 3.3, 4.4 and 5, the order will then be fulfilled by the Supplier on the date set out in the booking voucher.
3.3 You confirm that all details you provide to us for the purpose of purchasing the Service from us will be correct, that the PayPal, credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your PayPal, credit or debit card details before providing you with the Service. If validation cannot be obtained and payment is not made, we reserve the right to cancel the booking and will then not perform the Service. We will advise you as soon as possible to the e-mail address you have given us if for any reason your booking has to be cancelled.
3.4 For successful bookings, a voucher will be produced. You must present this to the driver at the start of your journey. One voucher is produced for the party, which also covers any return transfers booked. The voucher contains your reservation number, journey details, your name, contact info including meeting point and our emergency contact numbers. It is your responsibility to check the details of your booking on the voucher prior to travel and inform us as soon as possible if there are any errors. Please note that extra costs may apply if you fail to inform us in advance.
4. Prices and Payment
Details of our prices for the Service, and the procedures for payment and delivery are displayed on our website. The price of any Service is the price displayed on our website at the date and time of your order. We may change the price of any Service on our website before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.2 above). The price displayed on the website is for the service described, once the terms and conditions of using this service have been accepted and the consumer waives the right to have the fare calculated on a taximeter. We will inform you if a Service`s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Service at the correct price. If you cancel the order, we will refund all monies you have paid.
4.2 Prices quoted are per vehicle - except in the case of shuttle transfers where per person rates are quoted. In the majority of cases, it is our policy that each passenger is entitled to carry with them one standard-sized suitcase and one piece of hand luggage of a similar size as allowed by airlines. Further luggage may be carried at the discretion of the Supplier but PLEASE NOTE THAT THIS MAY BE SUBJECT TO A FURTHER CHARGE FOR WHICH YOU WILL BE LIABLE AT THE TIME. Please contact us prior to travel if you are travelling with golf clubs, surf boards or any other exceptional item so that we can pass this information on to the Supplier who will be providing the service to you, as a larger vehicle size may be required.
4.3 You must make a payment by PayPal, credit or debit card at the time of order as set out on the order page of our website. The cards we accept are set out on the order page of our website. Card issuers charge us a handling fee and we will pass this on to you where you make payment using a PayPal, credit/debit card.
We will use all reasonable efforts to ensure that our driver collects you from your collection point at the time set out in your booking voucher. However, we will not be liable for any loss or costs you suffer or incur through any reasonable or unavoidable delays and it is your responsibility to ensure that you book the transfer to collect you in time. We will not be responsible for any losses you suffer (including for example any missed flight) due to your failure to allow sufficient time for your journey.
5.2 If your outbound flight is delayed, your Service will automatically be amended and your driver will collect you at your revised time. Please note additional night supplements may be applicable.
5.3 If your inbound flight is diverted for any reason, we will use reasonable endeavours to rearrange a transfer to collect you from your original destination airport at the revised landing time. IN SITUATIONS WHERE NOTIFICATION OF THE DIVERSION OF THE FLIGHT IS TOO LATE TO PREVENT THE DRIVER FROM TRAVELLING TO THE AIRPORT OR FROM WAITING FOR THE FLIGHT TO ARRIVE AT THE ORIGINAL LANDING TIME, YOU MAY HAVE TO BOOK ANOTHER TRANSFER AND PAY ADDITIONAL CHARGES LOCALLY.
6. Your responsibilities
If your flight is diverted, we recommend that you contact our 24 hour helpline as soon as possible who will book another transfer for you at a discounted rate. Please note that, subject to their terms and conditions, it is the responsibility of the airline to transport you to your original destination airport.
6.2 ALL BOOKINGS FOR A SERVICE FROM YOUR RESORT TO THE RELEVANT AIRPORT MUST BE CONFIRMED BEFORE YOUR DEPARTURE FROM THE RESORT. IF YOUR BOOKING IS NOT SO CONFIRMED, WE CANNOT GUARANTEE THAT THE SERVICE WILL BE PROVIDED AND THE SUPPLIER WILL NOT BE LIABLE FOR ANY LOSSES OR ADDITIONAL COSTS YOU INCUR.
6.3 It is your responsibility to travel with the booking voucher which lists arrival instructions (which differ at each airport) and all of the relevant local contact numbers in the event of an emergency and local office reconfirmation hours and contact number. This is made clear at the end of the booking process. We will not accept any responsibility or compensation claims for any loss of service should you not travel with your booking voucher.
7. If you have a complaint
If you encounter a problem with the service provided, please inform us or call us using the numbers given to you on your booking voucher, and we will immediately endeavour to investigate the matter with the Supplier on your behalf and put things right. Failure to notify us of your complaint at this stage will affect our ability to investigate the matter complained of, and your rights under the contract.
7.2 If you have any service issues upon your return, in relation to services booked through either Egemen Co., Ltd., you should direct them to us via email at firstname.lastname@example.org or International: +66-84-459-1137. We will endeavour to resolve all service issues within 28 days of notification.
7.3 Please note that any complaints must be received in writing within 28 days of the return booking date.
(If an outbound transfer only - then within 28 days of this date).
8. Variation and Cancellation
If your booking details change, you can amend your booking up to 24 hours prior to your departure, subject to payment of any difference in the applicable prices in accordance with clause 4 above. We reserve the right to charge administration fee for any booking that is amended at any time prior to departure. Please contact us at our offices on email@example.com
Failure to appear at the booked time will result in being charged the full amount of the booking. We therefore highly recommend double checking the entered arrival details, both at the time of entering those and once again on our final payment / booking confirmation. Please note that our booking systems are based on 24 hours clock not at an AM/PM clock.
8.3 If you wish to cancel your booking, cancellation must be made at least 48 hours before the due arrival/departure time, otherwise 100% cancellation fees will apply and no money will be refunded to you.
Within 2-14 days prior to the departure date, 50% of the cost of the booking will be charged.
Within 15-30 days prior to the departure date, 25% of the cost of the booking will be charged.
If the booking is cancelled outside of 30 days of departure, no cancellation fees will apply.
Please inform us at the time of booking if any of the passengers are wheelchair users. Please also inform us the size of the wheelchair and as to whether the wheelchair is collapsible, so that we can ensure that the correct vehicle is booked to meet your needs.
10. Child seats
Child seat/Baby seat is not required by Thailand law; however, children safety is more important therefore we recommend you to use a child seat, we can provide a free child seat (approximate for age 1-4 years), please specify in the booking form. Kindly note that we have limited number of child seats available, we recommend you to take their own to ensure safety standards.
Licensed vehicles are subject to the following rules:
Children under three, if in a licensed vehicle may travel unrestrained in the rear if no child seat is available. For children aged three and above, they must use an adult seatbelt, if no child seat is available or taken. In summary, the policy is as follows
There will be no charge for children under 3 years of age (providing they sit on an adults lap, and do not occupy the front seats of the vehicle) Children aged 3 years and above always count as a passenger, occupy a seat and must be booked and paid for in full.
Children under 3 years of age may travel unrestrained (on an adult`s lap) in the rear of a vehicle if no child seat is provided. However, will still count towards the vehicle occupancy.
If customers choose to use or take a child seat, then the child must be included in the total number of passengers travelling, as a seat in the vehicle will be required.
Children aged 3 years and above always count as passengers and occupy a seat, and must use an adult seat belt if no child seat is provided.
11. Excess luggage
Each passenger is allowed to have 1 checked baggage and 1 personal bag free of charge. Please inform us at the time of booking if you wish to travel with excess baggage including surfboards, bicycles, pet carriers or other oversized items. This is to ensure that we will find vehicle that can accommodate all stuff. Should you fail to notify us at the time of booking, you will be liable for any additional costs incurred in the carriage of such items. Regarding shared transfer, each passenger is allowed to have 1 checked bag with maximum weight of 20 kg and 1 personal bag free of charge. Extra/Oversized/Excess weight or bag is subject to extra fee.
We reserves the right within our reasonable discretion to terminate the transfer, if you or your party`s conduct or behaviour is disruptive in any way and/or affects your safety or that of the driver of the vehicle. We do not accept liability for any extra costs incurred by you/or your party as a result of our doing so.
12.2 Passengers are not permitted to take alcoholic drinks onto the vehicles for the purpose of consuming them during the transfer journey. The Supplier further reserves the right to refuse carriage to any person who is thought to be under the influence of alcohol or drugs.
12.3 Any costs incurred by the supplier due to damage caused by the passenger must be repaid by the passengers. If this is not repaid in your destination prior to completing your inbound journey Egemen Co., Ltd. will collect this on behalf of the supplier.
14 Availability of the Services
We accept no liability for any costs, losses or damages resulting from or related to the purchase or attempted purchase of a Service.
14.2 We have used our best efforts to ensure that our website complies with Thailand laws. However, we cannot confirm that the Services or the materials on our web site are appropriate or available for use in locations outside of the Thailand. To the extent that local laws override any provision of these terms and conditions, the relevant provision shall be deemed amended to comply with such law or, to the extent that such amendment is not possible, the provision shall be deemed stricken and the remaining provisions shall continue with full effect.
If the Service delivered is not what you ordered or is not performed with reasonable skill and care due to the fault of our employees, agents or suppliers, we will refund to you the price paid and, if the Service is not performed at all, we will refund to you the price paid together with your reasonable costs incurred due to the failure. This is subject to clauses 15.2, 15.3, 15.4, 15.5, 15.6 and 15.7 below.
15.2 We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, the Supplier and sub contractors whilst acting within the scope of or in the course of their employment in the provision of the service. Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part or that of our suppliers in performing our obligations under the contract. We will accordingly pay to you such damages as are applicable in such circumstances under Thailand Law.
15.3 We will not be responsible for any claim arising as a result of any or all of the following:
i) the fault of the person(s) affected or any member(s) of their party or
ii) the fault of a third party not connected with the provision of the service which we could not have predicted or prevented or
iii) the fault of anyone who is not carrying out work for us (generally or in particular) at the time or
iv) an event or circumstance that we or the supplier(s) of the service in question could not have predicted or prevented. This may include (but is not limited to) an occurrence of force majeure as described in these booking conditions.
15.4 The Services are provided to you on for private domestic use only. The contract between you and Egemen Co.,ltd. is a consumer contract. Accordingly, we do not accept no liability for any business loss (which includes without limitation any loss of contracts, loss of profits, loss of revenue or loss of anticipated savings in expenditure or any loss or corruption of data) however caused, even if foreseeable. These exclusions do not apply to any liability we may have for death or personal injury resulting from our negligence and for which our liability is unlimited.
15.5 If we are liable to you for any reason, our liability will be limited to the direct costs you incur which are a foreseeable consequence of our failure. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence and for which our liability is unlimited.
15.6 We promise that all Services you purchase from our web site will be performed with reasonable skill and care and, as far as reasonably possible, in accordance with our agreement. We will do our best to ensure that all materials and information published on our web site are accurate, but regrettably errors do occur, and we reserve the right to rectify such errors before your booking is confirmed.
15.7 Nothing in these terms and conditions affects your statutory rights as a consumer.
16. Force Majeure
Force majeure means that we will not pay you compensation if we have to cancel or change the service because of unforeseeable circumstances beyond our control. These can include, but are not limited to, accidents and related delays, unplanned marches, demonstrations and organised disruption, police operations, unforeseen road hazards, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions.
17.1 If you wish to rely on any variations to these terms and conditions, you should ensure that such variations are agreed with us in writing as soon as possible.
17.2 We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.
17.3 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by version. You must check the terms and conditions on the website regularly. The terms governing the purchase of any Service will be the terms in place at the time of your order.
17.4 A person who is not a party to our agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of another party which exists or is available apart from that Act.
17.5 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.
17.6 These terms and conditions and your use of our web site are governed by the laws of Thailand, and in the event of any dispute under this contract, you agree to submit to the exclusive jurisdiction of the Thailand courts.
17.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
All notices shall be given to us via email at firstname.lastname@example.org for services booked on either of our websites, or to you at either the e-mail or postal address you provide during any ordering process.
18.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 48 hours after the date of posting.