Version: 1st September 2022
These General Terms and Conditions (hereinafter: “ETCM”) govern the use of the Eco Tours Chiang Mai online mediation platform, which can be accessed, among others, at the url www.ecotourschiangmai.com  (hereinafter collectively “ETCM platform”).

1. About us

We, Eco Tours Chiang Mai registered address in Chiang Mai under the Thai Eco Solutions brand.

We operate the ETCM Platform as an intermediary platform on which tours and Activities (collectively “Activity” or “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 You can view Activities anonymously on the ETCM platform. The Activities 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 you and the Supplier (“Service Agreement”). 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.

2.2 In the interest of a fast and smooth process – you may ask questions about your booking to 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.

Making a Booking / Deposit

To make a reservation we require a minimum deposit of 50%.   Once a tour is booked on the website, we will email to request information required by the insurance company and issue the invoice.  Until the information is received a booking is not confirmed and we reserve the right to offer a space on a first come / first serve basis.   We will issue an invoice via PayPal which accepts all major credit cards. When paying online, a 5% fee is applied to cover PayPal fees.  Other methods of payment such as Wise are accepted, however all currency conversions / fees are to be paid by the customer.

No person(s) is allowed to join a tour without fully settling their invoice and receiving a confirmation email from us.

3. Conclusion of contract with the Supplier – Service Agreement

3.1 If you select and purchase a Supplier’s activity on the ETCM 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.
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 ETCM platform (“Supplier T&Cs”). 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.
3.6 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.

4. 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 ETCM 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.

5. 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.

6. Cancellations

• Cancellation over 14 days from departure date: 10% loss of tour price
• Cancellation 14 days – 48 hours from departure date: 50% loss of tour price
• Cancellation within 48 hours of departure date: 100% loss of tour price

7. 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.

8. Data protection

8.1 We always process your personal data in accordance with the legal regulations.

9. Indemnification

9.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us as a result of:
9.1.1 your culpable misrepresentation, act or omission in connection with your use of the ETCM Platform;
9.1.2 culpable non-compliance with these Terms of Use on your part; or
9.1.3 claims asserted by third parties arising out of or in connection with your culpable access to or use of the ETCM Platform that are not in accordance with these Terms.
9.2 Damages in the sense of clause 16.1 also include compensation to which we are exposed to our vicarious agents or assistants because of the occurrence of one of the events described in clauses 9.1.1. to 11.1.3..
9.3 The above obligations shall only apply if you are responsible for the infringement in question, i.e. you have acted intentionally or have disregarded the due care required in the course of trade.

10.Liability

21.1 Except as set forth in Section 17.2, our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage arising from a negligent breach of a fundamental contractual obligation. A “material contractual obligation” under these Terms of Service is an obligation, the performance of which is essential to the proper performance of these Terms of Service and the breach of which jeopardizes the purpose of these Terms of Service and its performance upon which you as a user may regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time these ETCM Terms and Conditions were accepted. We exclude our liability and the liability of vicarious agents for damages caused by a negligent breach of a non-essential contractual obligation.
12.2 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.
12.3 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.
12.4 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.

11. Assignment

You may not transfer, assign or otherwise deal with your rights and/or obligations under these Terms, except for any claim for damages.

 

12. Final provisions

12.1 We may amend or adjust these Terms of Use in the future, e.g. to take into account changes in the law, changes in the conditions of content procurement or regulatory gaps; as far as our paid services are concerned, we will only amend or adjust these Terms of Use in the future if there are external circumstances that force us to do so, e.g. to take into account changes in the law, changes in the services of our contractual partners or regulatory gaps. We will then inform you of this in good time and in an appropriate manner. If you object, we or you can terminate the contract with immediate effect.
12.2 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).