AGREEMENT BETWEEN CUSTOMER AND V.R. Agency Co., Ltd.
This Web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial use. The content and information on this Web site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to V.R. Agency Co., Ltd. or its suppliers and providers. Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Web site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Web site. In addition, whether or not you have a commercial purpose, you agree not to:
(i) access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of V.R. Agency Co., Ltd.;
(ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;
(iii) take any action that imposes, or may impose, in the discretion of V.R. Agency Co., Ltd., an unreasonable or disproportionately large load on the V.R. Agency Co., Ltd. infrastructure; or
(iv) deep-link to any portion of this Web site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of V.R. Agency Co., Ltd.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: ©2002 V.R. Agency Co., Ltd., 13810 SE Eastgate Way, Suite 400, Bellevue, WA 98005 USA. All rights reserved. ThailandKohChang, ThailandKohChang.net, Price Matcher, Don't Just Travel. Travel Right., Travelscape, Travelscape.com, and the Airplane Logo are either registered trademarks or trademarks of V.R. Agency Co., Ltd. Other product and company names mentioned herein may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. V.R. Agency Co., Ltd., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
V.R. Agency Co., Ltd., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY V.R. Agency Co., Ltd. OR ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. V.R. Agency Co., Ltd., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR V.R. Agency Co., Ltd. ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF V.R. Agency Co., Ltd. OR ITS AFFILIATES. V.R. Agency Co., Ltd. AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. V.R. Agency Co., Ltd. AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL V.R. Agency Co., Ltd., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF V.R. Agency Co., Ltd., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify V.R. Agency Co., Ltd., its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by
(i) you or on your behalf in excess of the liability described above; or
(ii) by third parties as a result of
(a) your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than V.R. Agency Co., Ltd. Such hyperlinks are provided for your reference only. V.R. Agency Co., Ltd. does not control such Web sites and is not responsible for their contents. V.R. Agency Co., Ltd.'s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site ("Software") is the copyrighted work of V.R. Agency Co., Ltd., its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, V.R. Agency Co., Ltd. hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web site, is owned by V.R. Agency Co., Ltd., its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or reexport the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
TERMS, CONDITIONS AND WARRANTIES
Tax Recovery Charge
The tax charge on ThailandKohChang Special Rate hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that ThailandKohChang Travel pays to the vendors (e.g. hotels, etc.) in connection with your travel arrangements.
ThailandKohChang Travel is not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to ThailandKohChang Travel and ThailandKohChang Travel remits such tax directly to the vendor. ThailandKohChang Travel is not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by location. ThailandKohChang Travel's actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer.
ThailandKohChang Travel does not incur the cost of sales tax from vendors located in Alaska, Delaware, Montana, New Hampshire and Oregon as these states do not impose a sales tax. Also, certain jurisdictions impose a hotel occupancy tax or other type of transaction tax upon the renting of a hotel room, an automobile, etc. The type of tax charged by the vendor will vary by service and location.
Service Fee
These fees cover the costs incurred by ThailandKohChang Travel in servicing your travel reservation.
SERVICE HELP
Click here for help with questions or problems with this Web site.
MODIFICATION OF THESE TERMS AND CONDITIONS
V.R. Agency Co., Ltd. reserves the right to change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of ThailandKohChang's facilities.
GENERAL
This agreement is governed by the laws of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and V.R. Agency Co., Ltd. as a result of this agreement or use of this Web site.
V.R. Agency Co., Ltd.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of V.R. Agency Co., Ltd.'s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by V.R. Agency Co., Ltd. with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and V.R. Agency Co., Ltd. with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and V.R. Agency Co., Ltd. with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF ThailandKohChang.net TRAVEL AGENT
The ThailandKohChang.net Travel Agent feature of this Web site is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Web site by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this Web site may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in ThailandKohChang debiting your account for any costs ThailandKohChang incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.
USE OF ThailandKohChang.net TRAVEL ARRANGER
The ThailandKohChang.net Travel Arranger feature of this Web site is provided solely to assist customers by allowing third parties they designate to determine the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers in the customer's name (the "Travel Arrangers"), and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree that any and all Travel Arrangers you designate will be at least 18 years of age. You agree to be financially responsible for use of this Web site (as well as for use of your account by others, including, without limitation, minors living with you) by any and all Travel Arrangers you designate. You agree to supervise all usage of this Web site by your designated Travel Arrangers and minors under your name or account. You also warrant that all information supplied by you, members of your household, or Travel Arrangers acting on your behalf in using this Web site is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited, whether such actions are conducted by you or your Travel Arranger. You agree that the travel services reservations facilities of this Web site, whether used by you or your Travel Arranger, shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this Web site by you or any and all Travel Arrangers you designate may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you or your Travel Arranger select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you or your Travel Arrangers elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in ThailandKohChang debiting your account for any costs ThailandKohChang incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this Web site, and, without limitation, you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by your Travel Arrangers on your behalf, whether or not such uses were performed with your consent.
USE OF ThailandKohChang.net PRICE MATCHER™ SERVICE
The ThailandKohChang.net Price Matcher service is provided solely to match a customer with an airline ticket that meets the customer's travel dates, origination, and destination requirements, and you may not use this service for any other purpose. You warrant that you are at least 18 years of age and possess the legal authority to enter into the transactions made available through Price Matcher and to use such service in accordance with all terms and conditions herein and as set forth in this Web site. You agree to be financially responsible for your use of, and all transactions made in connection with, Price Matcher (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Web site by minors under your name or account. A customer will be allowed to submit only one request to Flight Price Matcher for each date/origination/destination combination.
You agree that if an airline ticket that matches your criteria is found using Flight Price Matcher, the ticket will be purchased automatically and your credit card will be charged immediately for the total amount indicated on the page from which you submit your request; the resulting airline ticket is nonrefundable and cannot be canceled or exchanged. Other promotions, upgrades, vouchers, or incentives do not apply to airline tickets purchased through Flight Price Matcher unless otherwise expressly stated on this Web site. ThailandKohChang's fee for fulfilling your request for an airline ticket match is included in the total amount indicated on the page from which you submit your request. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of Flight Price Matcher.
V.R. Agency Co., Ltd. and its affiliates do not assume any liability for any injury, damage, loss, or delay due to any act or omission of any airline participating in Flight Price Matcher.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but V.R. Agency Co., Ltd., its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, V.R. Agency Co., Ltd. advises the customer to consult a qualified professional to verify the accuracy of the currency rates. V.R. Agency Co., Ltd., its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
©2003 V.R. Agency Co., Ltd. All rights reserved. |