Exchange rates / Currency Fluctuation

All rates quoted in the confidential tariff are in various currencies, as mutually agreed between Asian Trails Ltd. and the B2B (Business-to-Business) partner. In some cases, the local currency and/or the rate is quoted in accordance with the hotel policy rate. Asian Trails Ltd. does not guarantee currency conversion rates or any quotation where currency conversion is included. Asian Trails Ltd. reserves the right to adjust rates in case of fluctuations in exchange rates.

Child Policy

Children and infant discounts apply for each destination with detailed explanations on exceptions and variations. Children and infant discounts apply when travelling with at least 2 (two) full paying adults, unless otherwise specified.

Payment through our B2B platform

If applicable and available, certain Asian Trails Ltd. and/or its suppliers offer the opportunity for reservation and/or quotation/offers to be paid (wholly or partly and as required under the payment policy of Asian Trails Ltd) to the Asian Trails Ltd during the reservation and/or quotation/offer process, by means of secure online payment (all to the extent offered and supported by your bank).

For certain products and services, Asian Trails Ltd. facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Asian Trails Ltd and/or supplier (Asian Trails Ltd. never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Asian Trails Ltd and/or supplier will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.

For certain (non-refundable) rates or special offers, note that Asian Trails Ltd. and/or its suppliers may require that payment be made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the reservation and/or quotation/offer. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation and/or quotation/offer. You will not hold Asian Trails Ltd. liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Asian Trails Ltd and/or supplier and not (re)claim any amount for any valid or authorized charge by the Asian Trails Ltd and/or supplier (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card.

Unless prior credit arrangements have been made with Asian Trails Ltd., the company requires full pre-payment for all reservations at least 30 days (*) prior to arrival. Failure to do so may result in the cancellation of the reservation(s) by the Asian Trails Ltd. cost of which shall be borne by the client.

•  Asian Trails Ltd., at its own discretion, reserves the right to immediately revoke and/or suspend any credit arrangements, should there arise any outstanding unpaid invoices exceeding the agreed credit terms;
• Where deposits and advance payments are required from contractors, these will also be invoiced to the client for (pre)payment. This will be done before Asian Trails Ltd. makes those deposits on behalf of the client for the respective movement. Asian Trails Ltd. may decide to exempt any such advance payments or deposits from any prior credit arrangements;
• Payments may be made by telegraphic transfer, drawn towards the assigned Asian Trails Ltd.’s bank account. Asian Trails Ltd. shall be entitled to claim for and receive payment of any expenses incurred in claiming any shortfall in payments;
• All bank charges and fees are to be paid by the sender;
• Note that for any group or low-cost air tickets Asian Trails Ltd. always require full prepayment and the same draws reference from the Asian Trails Ltd. ticketing policy. In the event of any refunds due to cancellation, Asian Trails Ltd. passes on the same on to the client;

Non-compliance with these conditions can result in automatic cancellation of services without prior notice.

(*): Pre-payment procedures during high/peak seasons may vary, depending on the supplier policy to guarantee the booking for certain products as well as for specific products such as river and ocean cruises, festival tours, airline tickets and other services / products that have instilled prepayment conditions. Asian Trails Ltd. will inform the client via the platform accordingly about this for each individual case, including conditions for pre-payment procedures

Important information in your reservation confirmation will be clearly marked and for additional policies as may be applied by the Asian Trails Ltd and/or supplier (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets accepted) are summarized inside each product and/or service.

Late payment, wrong bank, debit or credit card details, invalid credit/debit cards, or insufficient funds are for your own risk and account, and the Client will not be entitled to any refund of any (non-refundable) prepaid amount unless the Asian Trails Ltd and/or supplier agrees or allows otherwise under its (pre)payment and cancellation policy.

If the Client wants to review, adjust, or cancel a reservation and/or quotation/offer, revert to the confirmation email and follow the instructions therein. Note that the Client may be charged for your cancellation in accordance with the Asian Trails Ltd and/or supplier’s cancellation, (pre)payment and no-show policy, or not be entitled to any repayment of any (pre)paid amount. We recommend that the Client read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation, and remember to make further payments on time as may be required for the relevant reservation.

If the Client have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Asian Trails Ltd and/or supplier so they know when to expect the Client to avoid cancellation of your Reservation or charge of the no-show fee. Our customer service department can help the Client if needed with informing the Asian Trails Ltd and/or supplier. Asian Trails Ltd. does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Asian Trails Ltd and/or supplier.

Credit card fraud

In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all charges resulting from such fraud or misuse, which may sometimes be subject to a deductible.

In order to indemnify you, please report fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Asian Trails Ltd.’s secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.

Payment conditions and account details

Payment procedures for each individual country should be made to each individual country, when booked services are for one country only: each and every invoice will have its own booking reference number, the client’s reference number, and the client’s name.

Confidentiality

The products and services on Asian Trails Ltd, B2B platform, its contents and all related documentation sent over to the client, are strictly confidential and must not be disclosed to any third parties. Asian Trails Ltd. expects the following from the client in order for them to receive the special contracted rates from Asian Trails Ltd.:

• The special contracted rates are offered based on the ability of the client to drive the agreed business volume to Asian Trails Ltd.;
• To protect this confidentiality, Asian Trails Ltd. will not disclose the rates to its customers and will invoice the client directly;
• Rates are confidential and cannot be promoted or sold on the Internet or otherwise (including third party websites) unless “packaged” with other elements.

Privacy

Asian Trails Ltd. respects your privacy. Please take a look at our Privacy Policy for further information.

Termination of platform access

Asian Trails Ltd. is entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.

Travel requirements

Passport

Acquiring correct information about passport requirements, when making travel inquiries with Asian Trails Ltd., is strongly advisable. For all travel from and to the country/countries Asian Trails Ltd. is serving its customers, a valid passport is required at all times. Conditions for specific validity of passports and regulations for other valid travel documentation can be obtained from each respective embassy and/or consulate of the customer.

For most countries, passports need to be valid for at least six months from the date of entry at a border post/airport/seaport. Any issues related to invalid / not properly issued / expired passports in accordance with the laws of the arriving country with Asian Trails Ltd. are solemnly falling under the responsibility of the client / the traveller/guest(s).

Visa

In addition to passport requirements, a multitude of countries require additional visa requirements; visa(s) for certain countries can either be obtained in the country of residence or at the border immigration bureau of the country(s) to be visited, where Asian Trails Ltd. is operational. Full details about the specific visa conditions and requirements to obtain a visa(s) for each specific country can be obtained from Asian Trails Ltd. and/or from each respective embassy or consulate of the customer. Any issues related to invalid / not properly issued / expired visa in accordance with the laws of the arriving country with Asian Trails Ltd. are solemnly falling under the responsibility of the client / the traveller/guest(s).

Within these conditions, customers with issued visas that are non-compliant with country regulations, any form of delay in visa issue and/or changes in visa regulations beyond the control of Asian Trails Ltd. also are under the sole responsibility of the client and/or the traveller/guests.

Travel insurance

It is strongly recommended that the client’s guests obtain comprehensive travel insurance while travelling that covers matters such as death, injury, sickness, theft, damage of any kind, and other important matters.

Neither Asian Trails Ltd. nor its employees/ agents/suppliers or business partners shall/and can be held responsible for any loss, damaged, stolen personal belongings or sickness, injury or other medical matters Asian Trails Ltd. will assist the travellers/guests in any mishap cost of which shall be borne directly by the traveller/guest(s).

Health and Safety

Asian Trails Ltd. complies with all industry-required health guidelines in its selection of product and provision of services. All the traveller(s)/guest(s) are required at all times to follow the safety regulations for any service provided e.g. wearing seat belts during transfers and wearing life vests for any boat/sailing tour.

Asian Trails Ltd. checks hotels / restaurants and other suppliers of food and drink and ensure that they have the appropriate operating licenses in place. Asian Trails Ltd. cannot be held responsible in any way for any kind of food and/or beverage consumed, which has not been recommended by Asian Trails Ltd.

Accommodation in and around East and South-East Asia

• There are practically very limited hotels/resorts with standard triple rooms in their inventory. These are commonly double/twin rooms with an extra (rollaway) bed, limiting space within the room. Please inform all concerned accordingly to correctly manage expectations. Extra bed rates / triple sharing room rates are available in the confidential tariff;
• Single room supplements are indicated in the confidential tariff. It is common that the provided rooms are twin/double rooms for single use only;
• Preferences such as smoking/non-smoking, king-size beds, and location of the room cannot be guaranteed or confirmed in advance and are subject to hotel policy and availability at time of check-in.

Accommodation rating

Although hotels/guest houses/accommodation in the region may provide the client with information about their qualification, the properties used and offered by Asian Trails Ltd. in East and South-East Asia may not all have official star qualification issued by an official government-accredited hotel association in the country of operation.

Overall, the star classification is a representation of how the accommodation compares to the legal requirements (if applicable) or, if not regulated, the sector or (customary) industry standards in terms of price, facilities, and available services (these requirements and standards vary between countries and organizations).

Asian Trails Ltd. provides the client with its own internal star qualification which is based on its own experience and certain criteria to ensure the client has an interpretation of the qualification. Asian Trails Ltd. cannot be held liable in any way for this star qualification, which may result in complaints.

Tours

Unless otherwise specified, all tours and transfers are operated under the following conditions:

• All tours operated include fully insured transportation with English-speaking assistance;
• Assistance for languages other than English can be offered at (potential) additional charges;
• Tours include entrance fees, meals (where mentioned excluding drinks), guide fees and other expenses, as specifically mentioned in the tour program;
• Asian Trails Ltd. is committed to offer quality optional excursions with on-par rates; when booked with the company, the customer accepts any additional service, which may include shopping.

Transfers

Unless otherwise stated, Asian Trails Ltd. will provide for each destination according to the rates provided in our confidential tariff:

• Meet and greet services with name sign and/or with specific company logo;
• Assistance with arrival and departure procedures at airports, stations, ports, hotels and/or any other venue;
• Transportation according to the booked itinerary;
• Reconfirmation of onward travel reservations.

Transportation

Committed to delivering exceptional standards, Asian Trails Ltd. uses only the best available transportation in each destination. Where possible, Asian Trails Ltd. uses coaches and cars, contracted on a long-term basis.

• Transportation (road or water transport) are operated by fully licensed drivers / operators, in accordance with country operational standards. Vehicles are maintained strictly in accordance with the manufacturers’ specifications and kept clean and in good working order:
• Transportation will be in coach / mini-coach / mini-van or car with English-speaking assistance and a qualified, licensed driver except for transfer services where Asian Trails Ltd. states “driver only”; A language escort for the entire tour / transfer can be requested at a supplementary cost;
• Vehicles are licensed and insured according to East and South-East Asia standards, and equipped with seat belts for all passengers to comply with all local road traffic regulations.
• Transport over will be of a similar good quality and lifejackets will be provided for all clients.

Asian Trails Ltd. is committed to assign the best available transportation across the country at all times, even where transportation standards may not up to par as in more popular destinations. Region-specific standards may differ: here Asian Trails Ltd. uses carefully chosen 3rd party transportation suppliers with vehicle standards as close as possible according to our internal operational standards.

Guides and representation in each destination

Asian Trails Ltd. provides a multi-lingual team of professional guides. All are licensed and registered with the relevant authorities and undergo extensive training, prior to leading tours.

Corporate Social Responsibility

Asian Trails Ltd. strongly believes in creating a sustainable and responsible business platform and is committed to “giving back” to the communities in which we reside. Since the first Asian Trails Ltd. office was opened in East and South-East Asia in 1999 we have sponsored disadvantaged children to attend school and university, collected equipment and supplies for various causes on an annual basis and been actively involved in other aid intervention programs.

Today our efforts have expanded and we proudly support various projects across the region. For more information about sharing and caring for local communities, please check out our website (http://www.asiantrails.travel/) for more information.

Travelife

Our sustainability operations go far beyond the protection of our destinations’ flora and fauna. As part of our ongoing commitment to contribute to operate sustainably across all our operations, Asian Trails is a certified Partner under the Travelife (www.travelife.org) framework. The Travelife standard is covering the ISO 26000 Corporate Social Responsibility themes, including the environment, biodiversity, human rights and labour relations; and is formally recognised as being in full compliance with the UN supported Global Sustainable Tourism Criteria.

Travelife, which has been established with the support of the European Commission, is the leading international sustainability certification for the travel sector and is supported by numerous national travel associations.

Carbon Offsetting programme

As part of our initiatives that follow sustainable paths, Asian Trails is offering carbon offsetting programmes for all customers travelling with us. This eco-friendly add-on is a voluntary initiative where all proceeds go towards carefully chosen partners whom we have joined on this quest to work actively to reduce the economic and socio-cultural impacts CO2 has on the climate.

For more information, how this works and how you, as a valuable partner and client, can take part in this green scheme, kindly contact us.

Provided content and Intellectual Property Rights

All information – text, images, reviews, any downloadable files, and other information provided on our platforms – is copyright protected and its content and information cannot be used / duplicated / copied / linked or distributed in any way, unless written confirmation from Asian Trails Ltd. has been granted.

We have obtained exclusive ownership of all rights, interests and title deeds, including the design of our online platforms, bearing our name and/or (in)directly associated with us.

In case you wish to use information (whole and /or partially) of the above-mentioned, you require written confirmation from us – this also includes translations of any kind. Any proven use of unlawful actions or behaviour that reflects the use of these intellectual property rights is considered a material infringement and may be held liable in accordance to the law of that respective country.

All information provided in our communication via any online or offline channel (visual and in writing) is considered marketing material and may not sketch the actual situation, service provided and/or represents an actual depiction of the shown services. Asian Trails Ltd. cannot be held accountable in any way when the shown information on offers, itineraries, publications of any kind, does not correspond with the actual situation.

Complaints and irregularities

Asian Trails Ltd. considers complaints as valuable feedback to improve service delivery levels. We request that service delivery failures or customer concerns, be reported during the customer’s stay to one of our representatives. It is the aim of the company to solve any irregularity on the spot. The company reserves the right to refuse to act on perceived irregularities submitted to the company more than 30 days after the customer returns back home.

Licenses and permits

All Asian Trails Ltd. offices, subcontracted suppliers and other service providers use and comply with the requisite license and permit requirements, based on the relevant regulations of each country that Asian Trails Ltd. operates in.

Force Majeure

During the term of this Agreement, neither party shall be in default of its obligations to the extent that its performance is delayed or prevented by causes beyond its reasonable control, including but not limited to, acts of God, natural disasters, famine, pandemic, epidemic, strikes and other labour disturbances, acts of war, or civil disturbances, or other equivalent or comparable events. On happening of the Force Majeure event the affected party shall communicate the force majeure event to the other party in writing.

The obligations under this Agreement shall remain suspended between the parties due to the force majeure event. In the event, the force majeure event does not cease to exist but continuous beyond the period of 30 days, then either party shall be at liberty to terminate this Agreement forthwith due to the force majeure event. It shall be at the discretion of the affected party, if during the force majeure event it mitigates the situation and attempts to perform its obligations under this Agreement subject to the other party reciprocating to bear additional costs and expenses that may be incurred by the affected party to perform the services for the other party during a force majeure event.

Indemnity

The Client agrees to indemnify and to save Asian Trails Ltd. from harm and against all damage or injury (including death) to property or person(s) resulting from intentional or negligent acts or omissions from their respective officers, employees, agents, contractor or subcontractor in connection with the performance of this Agreement.

Legal note

This Agreement is governed by and construed in accordance with the laws of East and South-East Asia (and/or applicable in relation to the country it is legally represented) for the time being in force and the parties agree to submit any dispute arising between the parties under this Agreement to arbitration in accordance with the Arbitration Rules of the respectable Arbitration Institute, Office of the Judiciary applicable at the time of submission of the dispute to arbitration and the conduct of the arbitration thereof shall be under the auspices of the specific Arbitration Institute accordingly.

Liability

The parties’ total aggregate liability will not in any event exceed the amount invoiced between the Parties under the Agreement in the preceding 12 months before the date of claim. The parties shall however not be liable for any indirect, consequential, special, punitive or similar damages (including, without limitation, lost profits and lost revenues) to the affected party or any third party pursuant to or in connection with this Contract. Asian Trails Ltd. acts as an intermediary between all airlines, hotels, local tourist offices and other service providers.

Therefore, Asian Trails Ltd. reserves the right to modify tours and itineraries with or without notice. Asian Trails Ltd.’ package tours are organized in conjunction with the respective airline(s) scheduled flights, itineraries and timetables are provisional and subject to change without notice. Acknowledgement and confirmation of the above-mentioned conditions is active, once clients participate in one of the provided services.

Terms and Conditions

These terms and conditions, as may be amended from time to time, apply to all our products and services directly or indirectly (through 3rd party suppliers and /or connected distribution channels) made available online, through any mobile device, by email, or by phone. By accessing, browsing, and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation or a quotation/offer, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content, and infrastructure of these pages and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated, and provided by

Asian Trails Ltd. and are provided for commercial (B2B) use only, subject to the terms and conditions set out below. The relationship that we have with all its partners and suppliers are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these partners and suppliers in East and South-East Asia. Each of these providers offer in a professional manner vis-à-vis Asian Trails Ltd. when making its product and/or service available on or through Asian Trails Ltd. B2B booking platform (for its business-to-business (“B2B”) relationship). Note that the connected providers may have, declare applicable, and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery/shipping/carriage/usage) terms and conditions and house rules for the use, access, and consummation of the product and service (which may include certain disclaimers and limitations of liability).

About Asian Trails Ltd.

The products and services rendered by Asian Trails Ltd., incorporated under the laws of the Kingdom of Thailand and having its offices at 183, 12th Floor, Regent House, Rajdamri Road, Lumpini, Pathumwan, Bangkok 10330, Thailand and registered with the trade register of the Chamber of Commerce in Bangkok, Thailand under registration number 0105542030326.

Asian Trails Ltd. has its headquarters in Bangkok, Thailand and is supported by various own-operated and part of the Asian Trails Group of Companies throughout East and South-East Asia.

Any non-Asian Trails Ltd. directly owned support company only provides an internal supporting role to and for the benefit of Asian Trails Ltd. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any B2B (business-to-business) platform (and do not in any way control, manage, maintain, or host the platform). The support companies do not have any power or authority to render the products and services, to represent Asian Trails Ltd., or to enter into any contract in the name of, for or on behalf of Asian Trails Ltd… You do not have a (legal or contractual) relationship with these support companies. The support companies do not operate and are not authorized to act as any form of process or service agent of Asian Trails Ltd.

GDPR (General Data Protection Regulation)

Asian Trails Ltd. shall have the following obligations in relation to data protection. For the purposes of this Agreement, “Personal Data” shall have the meaning set out in EU General Data Protection Regulation (EU GDPR) (2016/679) (“Data Protection Law”).

The processing of Personal Data will only extend to, and in such a manner, as is necessary for the purposes limited to the purpose of this agreement in accordance and as instructed by -insert agent name- (hereafter called ‘The Client’). All Personal Data will be processed in line with the intended purpose and will not be used for any other purpose. Asian Trails Ltd. will keep a record of any processing of personal data it carries out on behalf of the client;

Rights of the Data Subject:

Promptly comply with any request from The Client requiring Asian Trails Ltd. to amend, transfer or delete the Personal Data

• provide, at request of The Client, a copy of all Personal Data held by it in the format and on the media reasonably specified by The Client;
• only collect any Personal Data on behalf of The Client in the form which will be provided to Asian Trails Ltd. and which will contain a data protection notice informing the data subject of the identity of the data controller, the identity of any data protection representative it may have appointed, the purpose or purposes for which their Personal Data will be processed and any other information which is necessary having regard to the specific circumstances in which the date is, or is to be, processed to enable processing in respect of the data subject to be fair. Asian Trails Ltd. shall not modify or alter the form in any way without the prior written consent of The Client;
• Promptly inform The Client of any action that result in the loss, destruction, alteration, unauthorized disclosure, or access to, personal data. Asian Trails Ltd. will restore such Personal Data at its own expense.

Asian Trails Ltd. warrants that:

• It will process the Personal Data in compliance with all applicable Data Protection laws; and
• It will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data to ensure compliance of The Client with the Data Protection Law.
• Asian Trails Ltd. shall notify The Client immediately if it becomes aware of any advance in technology and methods of working which mean that The Client should revise its data security measures.
• Asian Trails Ltd. agrees to indemnify and keep indemnified and defends at its own expense The Client against all costs, claims, damages or expenses incurred by The Client or for which The Client may become liable due to any failure by Asian Trails Ltd. or its employees or agents to comply with any of its obligations under this Clause
• Asian Trails Ltd. agrees to indemnify and keep indemnified and defend at its own expense The Client against all bonafide costs, claims, damages or expenses incurred by The Client or for which The Client may become liable due to any actual and /or intentional failure by or its employees or agents to comply with any of its obligations under this Clause.