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.
2. 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.
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. 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.
5. 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.
6. Payment at Eco Tours Chiang Mai
6.1 The price offered on the ETCM platform (“Booking Price”) shall apply to the Supplier’s services. Unless otherwise agreed, the booking price for the services of the Supplier is payable immediately upon booking by the user. For selected Activities, you may 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.
7. 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. Cancellations
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 ETCM Platforms or on any voucher issued for the Activity.
8.2 To avoid misunderstandings, you must make changes and cancellations via the ETCM 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.
9. 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.
10. Data protection
10.1 We always process your personal data in accordance with the legal regulations.
11. Indemnification
11.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us as a result of:
11.1.1 your culpable misrepresentation, act or omission in connection with your use of the ETCM Platform;
11.1.2 culpable non-compliance with these Terms of Use on your part; or
11.1.3 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.
11.2 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 11.1.1. to 11.1.3..
11.3 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.
12.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.
13. Assignment
You may not transfer, assign or otherwise deal with your rights and/or obligations under these Terms, except for any claim for damages.
14. Final provisions
14.1 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.
14.2 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).
