General Terms and Conditions
Version 1st December 2022.
These General Terms and Conditions govern the use of the Eco Tours Chiang Mai online platform, which can be accessed at the url www.ecotourschiangmai.com
- About us
We, Eco Tours Chiang Mai registered address in Chiang Mai under the Thai Eco Solutions brand.
We operate the Eco Tours Chiang Mai website as an intermediary platform on which tours, services and activities are offered online by a variety of local Suppliers around Chiang Mai and the surrounding provinces. We act as a commercial agent for the suppliers. The descriptions and illustrations of these activities originate from the respective suppliers. We therefore have no direct influence on the scope of such content.
- What we do
2.1. The Activities promoted on the platform include, for example, guided tours, mountain biking, trekking, cooking classes and more. The contract for the provision of the activity is concluded exclusively and directly between the supplier and Eco Tours Chiang Mai. On the side of the Suppliers, the contracts are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions between the Suppliers and the Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any Activities ourselves and therefore do not become your contractual partner of the Service Agreements. We do not act as the organizer, the landlord, seller or other contractual partner in relation to the Service Agreement with you.
3.2 In the interest of a fast and smooth process – users may ask questions about the booking via email, whatsapp or Facebook. We will endeavor to respond within 12 hours. The communication between you and the Supplier can be done directly. In case of emergency, the contact details of the respective Supplier can be found on your email voucher.
- Conclusion of contract with the Supplier – Service Agreement
3.1 If you select and purchase a Supplier’s activity on the Eco Tours Chiang Mai platform, you conclude a contract with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier. After checking the availability of the activity, you add the respective activity to the shopping cart by clicking the button “Add to cart”. After clicking the button “Checkout”, you will be asked for further mandatory information, in particular the payment method, which must be completed. Direct payment is not done immediately, however you may be requested to pay prior to tour departure depending on the terms and conditions of the Supplier.
3.2 By clicking the button “Book now” at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the respective Supplier. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the Service Agreement.
3.3 The Suppliers may provide their own terms and conditions in their respective offer on the Eco Tours Chiang Mai platform in the additional information section. Please read these Supplier terms and conditions carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. If there is a contradiction in conditions, the one that is more beneficial to you shall apply.
3.4 We accept the contract offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, a voucher and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.
3.5 You must immediately check the order confirmation to ensure that all data has been entered correctly.
3.7 ATTENTION: For certain activities, additional information is required, customer service will contact you for this information and the booking is not confirmed until the supplier has all the information required.
- Prices (Suppliers)
4.1 All prices quoted include fees as stated per tour page but exclude any bank transfer or PayPal fees. When paying through PayPal a 5% fee will be added to the invoice. When paying via bank transfer, the customer must pay the required bank transfer fees as stated by your local bank.
4.2 The booking prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments made. You must independently check before booking whether the respective Supplier prescribes deviating conditions.
- Customer service / Best Price Guarantee
5.1 You can reach our customer services team at Contact Us
5.2 If you find the activity booked via the Eco Tours Chiang Mai platform (i) with the same conditions (date, city, number of persons) and (ii) with the same services (iii) at a lower price on the Internet (iv) bookable with the same Supplier and prove this to us, we will pay you the difference between the lower price booked via Eco Tours Chiang Mai and the lower price found and available by you on the Internet.
5.3 To make use of this best price guarantee, you must send us the link (and/or a screenshot of the alternative offer) upon request. We will then check this and should the price actually be lower, pay the difference, whereby this payment can also be made by means of a voucher.
5.4 All special offers and discount promotions are marked as such.
- Payment at Eco Tours Chiang Mai
6.1 The price offered on the Eco Tours Chiang Mai platform shall apply to the Supplier’s services. Unless otherwise agreed, the booking price for the services of the Supplier is payable within 24 hours of making the booking. You will be able to choose the “Book now, pay later” feature and our customer support will follow up with instructions.
6.2 Eco Tours Chiang Mai is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier’s invoice. With the successful payment to Eco Tours Chiang Mai, you have fulfilled your payment obligations towards the Suppliers with a discharging effect. If claims are to be paid by the user in a currency other than their local currency (foreign currency claim), Eco Tours Chiang Mai may (in its role as a commercial agent) demand payment in the user’s local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.
6.3 We are your contact in connection with a Service Agreement and its remuneration as the commercial agent of the Supplier. If you wish to claim a refund of the booking price outside of our cancellation policy, e.g. because you believe that you are entitled to it due to a timely cancellation, you may contact us. We will then contact the respective Supplier. A refund granted by the Supplier can be processed by the Supplier through us.
6.4 You must provide payment information truthfully and update it immediately in the event of changes we can reject by a means of payment specified by you. The means of payment permitted for the respective service will be displayed to you in the order process. Please note the terms and conditions of the payment service Supplier, which apply. Your payment service Supplier may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you use.
- Implementation of the Activity (Service Agreement)
7.1 You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier’s terms and conditions. If you are traveling to the activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health requirements, etc.
7.2 The booking price of the services does not include insurance. You are responsible for sufficient insurance coverage. The insurance requirement depends on the booked activity.
7.3 For time and deadline calculations, the time zone of the Supplier shall be decisive.
8.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Activity on the Eco Tours Chiang Mai Platforms or on any voucher issued for the Activity.
8.2 To avoid misunderstandings, you must make changes and cancellations via the Eco Tours Chiang Mai platform, unless otherwise agreed. A cancellation can be made via the contact page. The change or cancellation must be made in good time; what is “in good time” depends on each individual case. Therefore, it is very important that you carefully read all terms and conditions, especially the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by Eco Tours Chiang Mai. If these conditions are met, we will issue a cancellation confirmation on behalf of the Supplier. This will serve as proof of the cancellation and therefore must be kept.
8.3 We can notify you of changes on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.
8.4 If there are no different cancellation conditions in the description of the Supplier’s activity, in the Supplier T&Cs or on a Voucher, the following cancellation conditions shall apply:
a) For cancellations more than 24 hours before the start of the activity: full refund of the booking price
b) For cancellations 24 hours or less before the start of the activity or in case of no-show: no refund of the booking price.
8.5 You always have the option to prove to the Supplier that he has not incurred any damage at all or that the damage is significantly lower than the cancellation fees demanded by the Supplier.
- Further rights of the Supplier (Service Agreement)
9.1 The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier’s control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the activity. In this case, the booking price paid for the canceled Activity will be refunded.
9.2 The Supplier may exclude you from an Activity if you do not meet the requirements for participation required on the ETCM Platforms. Also, if you would endanger yourself or others through your participation, or if you disrupt the implementation of the activity in any other way. In these cases, the booking price paid for the activity will not be refunded.
9.3 The Supplier may make immaterial changes to the program at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the tour, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked activity and will be communicated to you by email or displayed via the ETCM platform.
- Data protection
We always process your personal data in accordance with the legal regulations.
1. Controller and contact
The controller for purposes of processing your personal data is:
THAI ECO SOLUTIONS CO., LTD
278/59 Moo 6,
Nong Chom, San Sai,
Chiang Mai, 50210
2. Subject of data protection
The subject of data protection is personal data, i.e. all information relating to an identified or identifiable natural person. Personal data is also referred to simply as data in the following.
3. Reviews and ratings
Our website offers the possibility to rate and comment on tours or activities. After you have completed a tour booked via our website, we may ask you to rate it accordingly. Submitting a rating is, of course, voluntary. When you submit a rating, we collect the data you enter in order to process it according to the function you use and publish it on our website. You can have a rating deleted at any time by contacting our customer service.
You can object at any time to receiving review requests by clicking the unsubscribe link in each review request email. If you have an account, you can also do so from the Settings -> Notifications section on your profile. Otherwise, you can also send us an email at email@example.com
4. Bookings & payments
When you book a tour, activity or similar on our site, we collect the data required to carry out the tour. This usually includes the following information: First and last name, email address, telephone number, number of participants, date and time. For insurance purposes we also request passport number, date of birth and nationality via email once the booking has been made.
4.2. Booking confirmations
In order to keep you updated on your bookings we will send you booking confirmations as well as reminders and updates for upcoming bookings (e.g. changed times or meeting points) to make sure that you have all information you need to attend your booked services.
4.3. Payment via PayPal
If you have a PayPal account, you can also process your payment via PayPal. In this case, we receive from PayPal not only the information that a payment has been made, but also the e-mail address and address you have registered with PayPal.
5. Google services
We use the services of Google LLC, 1600 Amphitheatre Pkwy Mountain View, California 94043, USA (“Google”) described below. There is no EU Commission adequacy decision for the USA. We have therefore concluded the standard contractual clauses approved by the EU Commission with Google in accordance with Art. 46 para. 2 lit. c GDPR.
Basic information on the processing of your personal data by Google can be found here: https://policies.google.com/privacy?hl=en.
You also have the following setting options with Google:
• You can deactivate personalised advertising from Google: https://adssettings.google.com/anonymous?hl=en&sig=ACi0TCie_PP0WXzD2NDiHGJny9ca0PSQVyMysggnxws0C7Hxy7edd8F9O3gyme7JNE3bplGpLmt8pU3iFPJYnpIHlEL7FSn5hXWg8EhEQAbCywX-v9nEW3M
• You can disable personalised advertising on a device-by-device basis: (https://support.google.com/ads/answer/1660762?hl=en-GB#mob)
You can disable personalised advertising by browser: (http://optout.networkadvertising.org/?c=1)
5.1 Google Analytics 360
Your data will be stored by Google Analytics for a period of 14 months. After this period, the data is deleted and only aggregated statistics are kept.
The use of Google Analytics is based on your consent (Art. 6 para. 1 lit. a GDPR).
You can revoke your consent at any time and deactivate Google Analytics using a browser add-on. You can download this here: http://tools.google.com/dlpage/gaoptout. Alternatively, you can revoke your consent as described here: https://developers.google.com/analytics/devguides/collection/analyticsjs/user-opt-out. You can also revoke your consent via our consent manager. This does not affect the lawfulness of the processing carried out until your revocation.
5.2 Google Remarketing & Advertising Personalisation on the Google Network
The use of these services is based on your consent (Art. 6 para. 1 lit. a GDPR).
You can revoke your consent via our consent manager. This does not affect the lawfulness of the processing carried out until your revocation. Furthermore, the remarketing cookie is automatically deleted as soon as it is no longer necessary for the purposes for which we collected or used it in accordance with the above paragraphs.
7.2 Nothing in these Terms and Conditions shall exclude or limit the liability of us or our agents or servants for gross negligence ,intent, death, personal injury or fraud. Likewise, any further-reaching mandatory statutory rights as a consumer shall remain unaffected.
7.3 The above limitations of liability do not apply if we fraudulently conceal a circumstance to the standard of the ETCM Platform or should guarantee a certain functionality. The same applies to any claims of the User under the Product Liability Act.
7.4 No liability shall exist in cases of force majeure, including but not limited to: failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the ETCM Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, severe weather including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labor disputes.
8. Final provisions
8.2 All declarations transmitted within the framework of the agreement between Eco Tours Chiang Mai and You must be made in writing or text form (e.g. by email).
Last Updated: December 1st 2022