User Agreement

This User Agreement (the "Agreement") is made between Siam Luxury Adventure Co., Ltd. (Thai: บริษัท สยาม ลัคชูรี่ แอดเวนเจอร์ จำกัด), a limited company registered in Thailand under the Civil and Commercial Code on 6 July 2023 (B.E. 2566) with the Phuket Provincial Business Registration Office, Department of Business Development, Ministry of Commerce, juristic person registration number 0835566027493, with its registered office at 88/384 Moo 2, Ko Kaeo Sub-district, Mueang Phuket District, Phuket Province, Thailand (the "Company", "we", "us", "our"), and each Guest.

This Agreement applies to every Booking Request, Booking Confirmation and Booking, whether the request is sent through the form on the Website or by WhatsApp, Telegram, LINE, phone or email, and to the use of every Service. The use of the Website itself is governed by the Terms of Use. Cancellations, changes and refunds are governed by the Cancellation and Refund Policy, which forms part of this Agreement. Personal data is handled as described in the Privacy Policy.

The Guest accepts this Agreement by sending a Booking Request, by paying any amount for a Booking or by using a Service, whichever happens first. The Company refers to this Agreement in every Booking Confirmation.

A Booking Request may be sent only by a person aged 20 or over, the age of majority in Thailand. The person who sends it (the "Lead Guest") confirms that they are authorised to book for every member of their party, that they have made this Agreement and the terms of the Booking known to them, and that they are responsible for the party's compliance with them and for the payment of all amounts due under the Booking.

In this Agreement:

1. "Website" means siam-luxury.com, its language versions and the subdomains open to the public.
2. "Service" means anything offered on the Website or by our managers: rentals of cars, motorbikes, boats and yachts, villas and condos, flights, tours, concierge and other services, and property sale listings.
3. "Supplier" means the independent business that provides a Service, such as an owner, operator, rental company, captain, villa owner or manager, or developer.
4. "Own Fleet" means the vehicles and other items that the Company owns or operates and rents out itself.
5. "Guest" or "you" means the person who books or uses a Service, and everyone in their party.
6. "Card" means the listing of a Service on the Website, including its terms, requirements and deposit.
7. "Booking Request" means a request to book a Service; "Booking Confirmation" means the Company's written confirmation of a Booking, sent by email or messenger; and "Booking" means a booking made under section 3.
8. "Prepayment" means the part of the price paid in advance to secure a Booking, and "Security Deposit" means the refundable deposit held against damage, fines and extra charges.

Words such as "including" and "for example" introduce examples and do not limit the words before them. Headings are for convenience only.

Most Services are provided by Suppliers. For a Service provided by a Supplier, the Company acts as an intermediary between the Guest and the Supplier and as the Supplier's booking agent: it presents the Service, passes the Booking Request to the Supplier, confirms the Booking on the Supplier's behalf, collects payments where the Booking Confirmation says so and stays in contact with the Guest until the Service ends. The contract for the Service itself is made between the Guest and the Supplier, and the Supplier is responsible for providing it.

For the Own Fleet, the Company is the provider of the Service and is responsible for it as provider under this Agreement and Thai law.

Every Booking Confirmation states who provides the Service. On request, the Company gives the Guest the name and contact details of the Supplier before the Service starts.

The Supplier is responsible for the condition, safety, legality and performance of its Service, for the licences, permits, registrations and insurance that the law requires for it, for its staff, captains, pilots, drivers and guides, and for its own rental, charter or house rules. The Company does not own, operate or supervise Services provided by Suppliers and does not employ the Supplier's staff, who cannot make promises or change a Booking on the Company's behalf.

The Company is responsible for its own part: passing on the Booking Request and the Guest's requirements accurately, issuing Booking Confirmations that reflect what was agreed, handling the payments it receives as this Agreement and the Booking Confirmation describe, and helping the Guest with questions and problems during the Booking.

Where the Company receives a payment for a Service provided by a Supplier, it receives it as the Supplier's authorised collection agent. A payment made to the Company in the way stated in the Booking Confirmation counts as payment to the Supplier for that amount.

The Company reviews every Card before it appears on the Website, but much of its content comes from the Supplier. Where a Card and the Booking Confirmation differ, the Booking Confirmation prevails.

Suggestions from our managers about Services, routes, weather, seasons and local matters are given in good faith as general guidance. The Guest decides what to book. Words on the Website or in our messages such as "our yachts" or "our villas" describe the range of Services we offer and do not mean that the Company owns or provides a Service of a Supplier.

The Website and the help of our managers are free of charge for the Guest, who pays no booking fee on top of the price unless the Booking Confirmation states one.

Anything that the Guest arranges directly with a Supplier or another person outside a Booking Confirmation, such as extra hours, activities booked on the spot or services of third parties, is the Guest's own arrangement with that person, and the Company is not responsible for it.

Cards, prices, photos and availability on the Website are an invitation to send a Booking Request and are not an offer that the Guest can accept (section 13/1 of the Electronic Transactions Act B.E. 2544 (2001), as amended). The total shown when the Guest chooses dates and guests is an estimate calculated from the Card, not a quote.

A Booking Request is a request, not a payment and not a booking, and it binds neither the Guest nor the Company. A manager checks availability with the Supplier and sends the final price and terms by the channel the Guest chose.

A Booking is made only when both of the following have happened:

1. (a)the Company has sent the Guest a Booking Confirmation; and
2. (b)the Company or the Supplier, as the Booking Confirmation states, has received the full Prepayment by its deadline. Where the Booking Confirmation requires no Prepayment, the Booking is made when the Booking Confirmation is sent.

The Booking Confirmation states the Service, its dates and times, the price and what it includes, the Prepayment and its deadline, the Security Deposit if one applies, any cancellation terms that differ from the default terms in the Cancellation and Refund Policy, and who provides the Service. On matters it does not mention, the Card and this Agreement apply.

If the Prepayment is not received in full by its deadline, the Booking Confirmation lapses and the Service may be offered to other guests, without liability on either side. The Company may accept a late Prepayment if the Service is still available; otherwise it refunds the payment.

The Guest must check the Booking Confirmation as soon as it arrives and tell the Company at once if any detail is wrong or missing.

Booking Confirmations, payment requests, notices and other messages may be sent by email or messenger. They have the same effect as documents in writing and may be used as evidence (Electronic Transactions Act B.E. 2544 (2001)). The Guest must give contact details that work and check them while the Booking lasts.

The Company may decline a Booking Request, for example where the Service is not available, the information given is incomplete or false, or the Company reasonably believes that the Booking would break the law or put people or property at risk.

Where the chosen Service is not available, the Company may offer an alternative. An alternative becomes part of a Booking only if the Guest accepts it in writing.

The amount payable for a Booking is the amount stated in the Booking Confirmation, in Thai baht unless it states another currency. Amounts shown on the Website in other currencies are approximate conversions only, as the Terms of Use explain.

Prices on the Website are final prices for the Guest for what the Card lists as included. Items that the Card lists as paid separately, and items such as fuel, electricity and water by meter, national park and landing fees, food and drinks not listed as included and the Security Deposit, are not part of the price unless the Booking Confirmation includes them.

Prices depend on the dates, the season, the duration, the number of guests and the Supplier's terms, and the price in the Booking Confirmation replaces any price shown earlier. Once a Booking is made, its price does not change unless the Guest changes the Booking, orders extras or causes charges that this Agreement or the Booking Confirmation provides for.

The Company is not bound by an obvious error in a price on the Website or in a Booking Confirmation, such as a missing or extra digit, a price for the wrong period, unit or currency, or a price so far below the usual price for the Service that the Guest could reasonably recognise the mistake. The Company tells the Guest the correct price as soon as it notices the error, and the Guest may then either accept it or cancel the Booking and receive a full refund of all amounts paid for it.

Payments are made by the methods, to the recipient and by the deadlines stated in the Booking Confirmation. The Website does not take payments and never asks for payment card details.

Before paying, the Guest should check that the payment details match the Booking Confirmation and that the message comes from one of the contacts listed in section 22. The Company is not responsible for a payment made to an account or person not stated in the Booking Confirmation, unless the Company caused the mistake.

Charges of the Guest's own bank or payment provider, and currency exchange costs, are borne by the Guest, and the amount received must equal the amount in the Booking Confirmation.

A payment dispute or chargeback through a bank or card issuer does not cancel a Booking. If a payment is reversed without a valid reason, the amount remains due, together with the reasonable costs that the reversal causes.

If the balance of the price is not paid by its deadline and is still unpaid after a reminder, the Company may treat the Booking as cancelled by the Guest, and the Cancellation and Refund Policy then applies.

Prices for children and groups, and other special prices, apply as stated on the Card or in the Booking Confirmation. The Guest must give the correct ages and number of guests.

Many Services require a Security Deposit. Its amount and form, such as cash, a bank transfer or a hold on a payment card placed by the Supplier at handover, are stated on the Card or in the Booking Confirmation. It is paid to the Supplier, or to the Company for the Own Fleet, unless the Booking Confirmation states otherwise.

The Security Deposit secures the Guest's obligations under the Booking. After the Service ends and the vehicle, boat, property or equipment has been returned and inspected, it is returned less the amounts the Guest owes, such as:

1. (a)the cost of repairing damage to, or replacing the loss of, the item or its equipment, other than wear and tear from proper use;
2. (b)traffic, parking and other official fines, tolls and towing or impound costs incurred during the Booking;
3. (c)fuel or charge below the level at handover, extra mileage, late return and cleaning beyond normal use;
4. (d)unpaid extras, utilities by meter and other charges under the Booking Confirmation; and
5. (e)any insurance excess and any other loss for which the Guest is responsible under section 15.

The Security Deposit is normally returned within 14 days after the end of the Service. Where a cost is still being established, such as a traffic fine that has not yet been issued or a repair that has not yet been priced, the part needed to cover it may be held until the cost is known, and the rest is returned.

On request, the Guest receives a written account of every deduction, with evidence such as photos, repair estimates or invoices.

The Security Deposit does not limit the Guest's liability. If the amounts owed exceed it, the Guest must pay the difference within 7 days after a written request.

Where Thai law sets a shorter period or other rules for returning a deposit for a particular Service, those rules apply. This includes car and motorcycle rentals and residential leases that are contract-controlled businesses under the Consumer Protection Act B.E. 2522 (1979).

The Company returns a Security Deposit that it holds itself. A Security Deposit held by a Supplier is returned by the Supplier; the Company helps the Guest to obtain it, but is not liable for the Supplier's failure to return it unless the Company caused that failure.

The Guest must, and must make sure that every member of the party does:

1. (a)give complete and accurate information, including names, ages, the number of guests, arrival and departure times, licences and any health condition, allergy or disability that matters for the Service;
2. (b)carry a valid passport or other identity document and the licences and documents the Service requires, and show them to the Supplier on request;
3. (c)arrive at the agreed place on time, allowing enough time between Services and for onward travel;
4. (d)comply with Thai law, with the safety instructions of the Supplier's staff, captain, pilot, driver or guide, and with the rules stated on the Card, in the Booking Confirmation or by the Supplier;
5. (e)use every vehicle, boat, property and item with the care that a reasonably prudent person takes of their own property, and only for its normal purpose;
6. (f)not possess or use illegal drugs, not carry weapons, fireworks or other dangerous items, and not drive, operate any craft or equipment, or take part in a water or other risky activity while affected by alcohol or drugs;
7. (g)not fly a drone over or from a vehicle, boat or property without the Supplier's consent and the permissions the law requires;
8. (h)treat the Supplier's staff, the Company's staff, other guests and neighbours with respect, and not cause nuisance or excessive noise; and
9. (i)respect the rules of national parks, marine parks, temples and other protected places.

The Supplier, or its captain, pilot, driver or guide, may refuse to start or continue a Service without refund if the Guest or a member of the party breaks clause 6.1 in a way that puts people, property or the Service at risk, appears to be affected by alcohol or drugs, or behaves in a threatening or abusive way.

The Guest is responsible for the acts and omissions of every member of the party and of anyone the Guest allows to use a Service, as if they were the Guest's own.

The Guest is responsible for obtaining the passports, visas, entry permits, vaccinations and other travel documents the Guest needs. Where help with a visa or other document is booked as a Service, section 12 applies.

The driver or rider must meet the age and experience requirements on the Card and hold a driving licence that is valid in Thailand for the category of vehicle, which for a visitor usually means a national licence together with an International Driving Permit covering that category. A car licence does not allow the holder to ride a motorbike or scooter. Only the persons named in the Booking or approved by the Supplier may drive or ride the vehicle.

Thai law requires every vehicle to carry compulsory motor insurance under the Road Accident Victims Protection Act B.E. 2535 (1992). That insurance gives limited cover for injury and death and does not cover damage to vehicles or other property. Any further insurance, its level and its excess are as stated on the Card or in the Supplier's rental agreement.

Insurance may refuse to pay, and the Guest is then liable for the resulting loss, where the driver or rider had no valid licence for the vehicle, was not an approved driver, was affected by alcohol or drugs, seriously broke traffic law, used the vehicle off-road, for racing, on a track or outside the permitted area, or did not report an accident as clause 7.6 requires. The excess, damage that the policy excludes and losses above the insured amount are borne by the Guest where they result from the Guest's fault or breach of this Agreement.

During the rental the Guest must:

1. (a)wear a helmet on a motorbike and make sure every passenger wears one, and use seat belts and child seats as Thai law requires;
2. (b)never drive or ride under the influence of alcohol or drugs, and never above the legal alcohol limit;
3. (c)not carry more passengers or load than the vehicle is designed and registered for, and not smoke or carry animals in it without the Supplier's consent;
4. (d)not take the vehicle outside the area that the Card or the Supplier allows, or onto a ferry, without the Supplier's written consent;
5. (e)not sublet or lend the vehicle, and not use it to carry passengers or goods for payment;
6. (f)lock the vehicle, keep the keys and documents safe and not leave valuables in it; and
7. (g)return the vehicle at the agreed time and place, with the fuel or charge level stated in the Booking, in the condition in which it was received apart from wear and tear from proper use.

Traffic, parking and speed camera fines, tolls and the costs of towing or impounding during the rental are paid by the Guest, even if the notice arrives after the rental has ended. The Supplier or the Company may give the Guest's details to the police for this purpose.

After an accident, the Guest must make the scene safe, call the police and the Supplier at once, wait for the police, and for the insurer's representative if the Supplier asks, take photos, and not admit fault, agree a settlement or pay any third party without the Supplier's consent. A police report is needed for any insurance claim.

In case of a breakdown, the Guest must stop the vehicle safely and call the Supplier, and must not have it repaired without the Supplier's consent. If the Guest did not cause the breakdown or the damage that stops the vehicle, the Supplier repairs it within a reasonable time or provides a vehicle of the same or a similar model as Thai law requires, or, if the Guest prefers, refunds the price for the time the vehicle could not be used.

The Guest is liable for loss of and damage to the vehicle, its keys, documents and equipment during the rental caused by the fault of the Guest or of anyone the Guest allowed to use it, including theft where the keys were not kept safe or the vehicle was left unlocked, and for the Supplier's reasonable loss of rental income for the time the repair normally takes.

At pick-up the Guest signs the Supplier's rental agreement where the Supplier uses one. The condition, fuel level and mileage of the vehicle are recorded at pick-up and again at return, with photos where possible. The Guest should take part in both inspections and make sure that any existing damage is recorded at pick-up, because that record is used to establish what damage occurred during the rental.

A vehicle may carry a tracking device installed by its owner for security and recovery.

For the Own Fleet, the Company delivers the vehicle in a safe and roadworthy condition, with the documents the law requires, and provides the written rental agreement in the form that Thai law prescribes, which applies together with this Agreement. If a defect that the Guest did not cause makes the vehicle unsafe or unusable, the Company repairs or replaces it within a reasonable time or, if the Guest prefers, refunds the price for the days it could not be used.

Boats and yachts are chartered with a captain and crew provided by the Supplier, unless the Card states otherwise. The captain is in command of the vessel and decides on safety, the route, the timing, the number of persons on board, anchoring, swimming and the use of water equipment. Everyone on board must follow the instructions of the captain and crew.

The captain may delay departure, change the route, shorten the trip or cancel the charter where weather, sea conditions, official warnings, closures of ports or national parks, or the conduct of anyone on board make it unsafe or unlawful to go on. That decision is final. A charter cancelled before departure for these reasons is dealt with under the Cancellation and Refund Policy.

The charter time runs as stated in the Booking Confirmation. A late arrival of the Guest shortens it without refund. Extra time is available only if the captain agrees, at the rate stated by the Supplier.

The Guest must not bring more persons on board than the Booking states or the vessel is permitted to carry; must make sure that children are supervised and wear life jackets as the crew directs; must wear a life jacket whenever the crew asks; may swim, snorkel or use kayaks, boards or other equipment only where and when the crew allows; and must not feed fish, take coral or shells, or leave rubbish in national parks.

National park and landing fees, food, drinks and other items that the Card lists as paid separately are paid as the Card or the Booking Confirmation states. Some fees may have to be paid in cash on the day to the park authorities.

The Guest is liable for damage to the vessel, its tender and equipment, and for cleaning costs beyond normal use, caused by the Guest's party, other than wear and tear from proper use.

Where the Card allows the Guest to operate a jet ski, boat or other craft without a captain, the Guest must hold any licence the law requires, follow the Supplier's briefing and area limits, and is liable for damage to the craft and for injury or damage caused to others by its use, except where caused by a defect of the craft or by the fault of the Supplier. The Supplier may require a captain or refuse to hand over the craft if it doubts the Guest's ability to operate it safely.

Seasickness, rain, swell, marine life such as jellyfish, and crowds at popular places are part of travel by sea and are not defects of the Service.

Check-in and check-out times, the maximum number of guests, house rules, utilities and the Security Deposit are as stated on the Card, in the Booking Confirmation or in the Supplier's house rules. The number of persons staying overnight, including children and infants, must not exceed the number in the Booking.

Parties and events, commercial photography or filming, extra overnight visitors, pets and smoking indoors are allowed only with the Supplier's prior written consent and on the Supplier's conditions, which may include an extra charge or deposit.

During the stay the Guest must:

1. (a)follow the house rules and, in a condominium, the building's regulations and the instructions of its management and security staff;
2. (b)keep noise at a level that does not disturb neighbours, especially at night;
3. (c)close and lock doors and windows when the property is empty, and keep valuables in the safe where one is provided;
4. (d)supervise children at all times around pools, stairs, balconies and the sea; a pool has no lifeguard unless the Card says so;
5. (e)report any damage, fault or danger to the Supplier as soon as it is noticed;
6. (f)allow the Supplier's staff to enter at reasonable times for housekeeping, maintenance or inspection after notice, and at any time in an emergency;
7. (g)not sublet the property, use it for business, or let persons outside the Booking stay in it; and
8. (h)leave the property at check-out in the condition in which it was received, apart from wear and tear from proper use, and return all keys and access cards.

Thai law requires the owner, landlord or manager of a property where foreigners stay to notify the immigration authorities of their stay (section 38 of the Immigration Act B.E. 2522 (1979), known as the TM30 notification). The Guest must give the passport details and copies needed for that notification before or at check-in. The Company may collect them and pass them to the Supplier for that purpose.

Electricity, water and other utilities charged by meter are paid at the rates stated on the Card or in the Booking Confirmation, within any limits that the law sets.

The Supplier may ask the Guest to sign a lease agreement, especially for a stay of a month or longer. Where a stay is a residential lease subject to mandatory rules of Thai law, such as contract control under the Consumer Protection Act B.E. 2522 (1979), those rules prevail over any different term.

Photos show the property as the Supplier presented it. Furniture, decoration, views and the surroundings, such as construction nearby or the state of the beach, may change. Short interruptions of electricity, water, internet or air conditioning that the Supplier puts right within a reasonable time are not a breach of the Booking.

The Supplier is responsible for the property being safe and fit for the stay, and for holding any licence or permission needed to rent it for the Booking, including under the Hotel Act B.E. 2547 (2004) and the rules of a condominium where they apply.

After a warning where the situation allows, and subject to any notice that Thai law requires for a residential lease, the Supplier may end the stay without refund if the Guest or the party seriously breaks the house rules or the law, causes serious damage, or brings more persons than the Booking allows.

A flight is operated by the air operator named in the Booking Confirmation, under its own operating rules and conditions of carriage, which apply to the flight together with this Agreement.

The pilot in command decides whether, when and by which route a flight can be made safely, and may delay, divert, shorten or cancel a flight because of weather, air traffic control, airport or helipad restrictions, technical reasons or the conduct of a passenger. That decision is final. A flight cancelled before departure for these reasons is dealt with under the Cancellation and Refund Policy.

The Guest must give the names, passport details and, where the operator asks, the weights of all passengers and the size of their luggage before the flight, and must arrive by the check-in time stated in the Booking Confirmation. The operator sets weight, seating and luggage limits for safety, and luggage over the limit may have to travel separately. A passenger who arrives late may be refused boarding without refund.

For an international flight, the Guest is responsible for valid passports, visas and entry documents for every passenger and destination. The operator may refuse to carry a passenger without them, without refund.

The operator may refuse to carry a passenger who appears to be affected by alcohol or drugs or unfit to fly, who does not follow a safety instruction, or who carries a dangerous item.

The liability of the operator for passengers and luggage is governed by its conditions of carriage and by the Thai and international air law that applies to the flight.

A tour is operated by the Supplier named in the Booking Confirmation, which provides the guide, the transport and the activities on the route.

The itinerary is a plan. The Supplier or the guide may change the order, timing or content of a tour, or replace a stop with a similar one, because of weather, tides, traffic, closures of national parks or sites, crowds or safety, and tells the Guest of the change. Such changes are not a breach of the Booking. If the tour cannot go ahead or its main part cannot take place, the Cancellation and Refund Policy applies.

The Guest must be at the meeting point or the pick-up place at the agreed time, follow the guide's instructions, dress as required at temples and other sacred places, and look after their own belongings.

Tours may involve walking, climbing, swimming, boat transfers and heat. Before booking, the Guest must check that every member of the party is fit for the activities described on the Card and tell the Company of any limitation.

Prices per person, prices for children and the maximum size of the group are as stated on the Card.

Concierge and other services, such as private chefs, nannies and housekeepers, drivers and transfers, airport fast track, photography, massage, events and help with visas, are provided by the Supplier named in the Booking Confirmation, unless the Booking Confirmation states that the Company provides them itself.

The Guest must tell the Company and the Supplier in advance about food allergies and dietary needs for a chef, about health conditions for massage and wellness services, and about the needs of children for a nanny. A Supplier may decline a request it cannot meet safely, and neither the Company nor the Supplier can guarantee that food is free of every allergen.

A nanny or babysitter assists the parents or guardians, who remain responsible for the care and supervision of their children.

For an event, the Guest is responsible for the number and the conduct of the guests and for any damage they cause, and must comply with the rules of the venue, including on noise and hours.

Transfers and drivers may be delayed by traffic, weather or late flights. The waiting time included for a delayed flight, and the charge for longer waiting, are as stated in the Booking Confirmation.

Help with a visa or another official document consists of preparing and submitting documents. Decisions are made only by the authorities, and neither the Company nor the Supplier can promise an outcome or a processing time. Official fees and amounts already paid to third parties are not refundable.

Delivery times, the number of photos or videos delivered and the Guest's right to use them are as stated in the Booking Confirmation.

A Card of a property for sale is an introduction for information. It is not an offer to sell, and a Booking Request for such a property is a request for a viewing.

The information on a sale Card, including the price, the area, the title, the permitted use, the ownership structure and the costs of transfer, comes from the seller or developer. Unless the Company agrees in writing to provide a specific service, the Company does not verify title deeds, permits, construction or the legal structure of a sale and gives no assurance about them.

Foreigners are subject to restrictions on owning land and buildings in Thailand, including under the Land Code B.E. 2497 (1954) and the Condominium Act B.E. 2522 (1979), which limits the share of a condominium building that may be owned by foreigners and sets conditions for bringing the purchase money into Thailand. The buyer is responsible for checking whether and how they may lawfully buy, and should obtain independent legal advice and a title search before signing or paying anything.

Any reservation agreement, sale contract, lease or other contract for a property is made between the buyer and the seller or developer. The Company is not a party to it, does not act as the buyer's adviser or agent, and does not receive or hold deposits or purchase money unless it agrees to do so in writing.

Viewings are arranged with the seller or developer. The Guest must keep the appointment or tell the Company in good time if they cannot.

Many Services involve risks of their own, such as driving powerful cars and motorbikes on Thai roads, travel by sea and water activities, swimming and snorkelling, flying in small aircraft, walking in national parks and caves, contact with animals, and tropical heat, sun and insects. Some of these risks remain even when the Supplier and the Company take all reasonable care.

By booking and taking part, the Guest accepts the risks that remain despite reasonable care and decides whether each member of the party is fit and able to take part. This does not release anyone from liability for their own wilful act or negligence, as section 19 explains.

Before booking, the Guest must tell the Company and the Supplier about any medical condition, pregnancy, disability or recent surgery, and about the swimming ability of anyone who will take part in a water activity, so that the Supplier can decide whether the activity is suitable. The Supplier may refuse participation for safety reasons. A refusal based on information that the Guest should have given before booking does not entitle the Guest to a refund.

Children must be supervised by a parent or another responsible adult at all times, including on boats, near water and in vehicles, and must meet the minimum ages and heights that the Supplier sets.

Apart from insurance that the law requires a Supplier to hold, such as compulsory motor insurance or the accident insurance of a licensed tour operator, which is limited in scope and amount, insurance for the Guest's own health, belongings, travel and cancellation is not part of a Service unless the Booking Confirmation states otherwise. The Company strongly recommends that every Guest has travel insurance covering medical treatment and evacuation, the activities booked, cancellation and personal belongings.

The Guest is responsible for their own belongings during a Service, except where the Supplier or the Company has taken them into its care or the law provides otherwise.

The Guest is liable for loss of or damage to any vehicle, boat, aircraft, property, equipment or other item used in a Service, and for fines and charges, that arise during the Booking from the fault of the Guest or a member of the party or from a breach of this Agreement. The Guest is not liable for wear and tear from proper use.

The amount payable includes the reasonable cost of repair or replacement, recovery and towing, any insurance excess, the Supplier's reasonable loss of income while the item cannot be used, and the reasonable cost of assessing the damage, all supported by evidence on request.

The Guest must compensate the Company for, and protect it against, claims by Suppliers, authorities or other persons, and fines, losses and reasonable costs, including reasonable lawyers' fees, that arise from a breach of this Agreement, an unlawful act, or a wilful or negligent act of the Guest or a member of the party. This does not apply to the extent that the loss was caused by the Company's own fault.

A Supplier may claim directly against the Guest for damage to its property and for other amounts owed under the Booking. The Company may help the Supplier to recover them and may give the Supplier the information needed for the claim.

How to cancel or change a Booking, the default cancellation terms, cancellations by Suppliers and for weather, no-shows, refunds and their timing are set out in the Cancellation and Refund Policy.

A change requested by the Guest, such as other dates, times, guests or extras, applies only after the Company confirms it in writing. Any difference in price is paid or refunded as the confirmation states.

If a Supplier cannot provide the Service as booked, the Company offers, where available, another date or a comparable Service. If the Guest does not accept the offer, the Guest receives a full refund of what was paid for that Service, as the Cancellation and Refund Policy provides.

The Company may cancel a Booking by written notice if the Guest has given false information, has not paid an amount due after a reminder or has seriously broken this Agreement, or if the Company reasonably believes that the Booking is connected with fraud or an unlawful purpose or would put people or property at risk. Such a cancellation is treated as a cancellation by the Guest under the Cancellation and Refund Policy, unless its reason was outside the Guest's control.

"Force Majeure Event" means an event whose occurrence or harmful effects could not be prevented even with the care that could reasonably be expected of the party concerned in its situation (section 8 of the Civil and Commercial Code). Examples are storms, monsoon sea conditions and official weather or sea warnings; floods, earthquakes, tsunamis and other natural events; fire; epidemics and quarantine measures; acts and orders of governments and authorities; closures of airports, ports, roads or national parks; war, terrorism and civil unrest; strikes other than by the affected party's own staff; and failures of public power supply, telecommunications or transport.

Neither the Company nor the Guest is liable for a failure or delay in performing this Agreement to the extent that it is caused by a Force Majeure Event. The party affected must tell the other promptly and take reasonable steps to limit the effects.

If a Force Majeure Event prevents a Supplier or the Company from providing a Service, the Guest may choose another date or a full refund of what was paid for that Service, as the Cancellation and Refund Policy provides.

If a Force Majeure Event prevents the Guest from travelling or from using a Service that the Supplier is still able to provide, the cancellation terms of the Booking apply. The Company asks the Supplier to move the Booking to new dates or to give a credit, and passes on any amount that the Supplier agrees to refund.

If something is wrong during a Service, the Guest must tell the Supplier's staff and the Company's manager at once, so that the problem can be put right on the spot. If a problem that could have been put right then is not reported during the Service, any compensation may be reduced to reflect that the Supplier had no chance to put it right.

A complaint should be sent to the Company in writing within 7 days after the Service ends, through the contacts in section 22, with the Booking details, a description of the problem and any photos or documents. A later complaint is still considered, but late reporting can make the facts harder to establish.

The Company confirms receipt of a complaint, investigates it with the Supplier where a Supplier is involved, and aims to give the Guest a written answer within 30 days after receiving it. If it needs more time, it tells the Guest why and when to expect the answer.

Where a complaint concerns a Service provided by a Supplier, the Company acts as intermediary: it presents the complaint to the Supplier, passes on the Supplier's answer and any compensation the Supplier offers, and helps the parties to reach a fair outcome. The Supplier remains responsible for its Service.

This procedure does not limit the Guest's right to contact the Office of the Consumer Protection Board or another competent authority, or to bring a claim in court.

Each Supplier is liable for its Service under its own terms and Thai law. The Company is not liable for the acts, omissions, defaults or insolvency of a Supplier or its staff, or for the performance, safety or quality of a Service provided by a Supplier, except to the extent that the Company caused the loss itself by breaking this Agreement or by its own negligence. The Company refunds any amount it still holds for a Service that is not provided.

To the extent permitted by Thai law, the total liability of the Company arising out of or in connection with a Booking, whether in contract, in tort or otherwise, is limited to the amount paid for that Booking.

To the extent permitted by Thai law, the Company is not liable for indirect or consequential loss, for loss of profit, income, business or opportunity, or for loss that could not reasonably be foreseen when the Booking was made.

Nothing in this Agreement excludes or limits liability:

1. (a)for death, bodily injury or harm to health caused by a wilful or negligent act of the Company or of a person for whose acts the Company is responsible (section 8 of the Unfair Contract Terms Act B.E. 2540 (1997));
2. (b)for the Company's fraud or gross negligence (section 373 of the Civil and Commercial Code);
3. (c)of the Company as provider of the Own Fleet, where Thai law, including the rules on defects in rented property and on contracts for car and motorcycle rental, does not allow that liability to be excluded or limited; or
4. (d)that cannot be excluded or limited under any other mandatory provision of Thai law.

Every other exclusion or limitation of liability in this Agreement applies only to the extent that it is fair and reasonable in the circumstances, as the Unfair Contract Terms Act B.E. 2540 (1997) provides.

Each party must take reasonable steps to limit any loss it suffers.

To arrange and perform a Booking, the Company gives the Supplier the information it needs, such as the Guest's name, contact details, dates, the members of the party and their requirements and, where the Service requires it, licence and passport details. The Company handles personal data as described in the Privacy Policy. The Supplier handles the data it receives under its own obligations under the Personal Data Protection Act B.E. 2562 (2019).

The Company keeps messages and records of Bookings as evidence of what was agreed and for the periods that the law requires.

This Agreement, every Booking Confirmation and every Booking are governed by the laws of Thailand.

The courts of Thailand have exclusive jurisdiction over any dispute arising out of or in connection with them. Where the law allows the parties to choose the court, the Phuket Provincial Court is chosen. This does not take away a consumer's right to sue in, or to be sued only in, the court that the Consumer Case Procedure Act B.E. 2551 (2008) or another mandatory law provides.

Nothing in this Agreement limits the rights that a Guest has as a consumer under the Consumer Protection Act B.E. 2522 (1979), the Unfair Contract Terms Act B.E. 2540 (1997) or any other law that cannot be excluded by agreement.

Where documents conflict on the details of a Service, its price, payment, Security Deposit or cancellation terms, they apply in this order: the Booking Confirmation, the Card, the Cancellation and Refund Policy and this Agreement. In all other matters this Agreement prevails. The Supplier's own rental agreement, charter terms or house rules also apply to the Service between the Guest and the Supplier, but they do not change the Company's rights and obligations under this Agreement.

The Company may update this Agreement by publishing a new version on the Website with its effective date. A Booking is governed by the version in force on the date of its Booking Confirmation, unless the Guest agrees to a later version.

This Agreement is published in English, Russian and Thai. If the versions differ, the English version prevails, except where Thai law requires the Thai version to be used.

If any part of this Agreement is invalid or unenforceable, the rest remains in force. A failure or delay by the Company in exercising a right is not a waiver of it. The Guest may transfer a Booking to another person only with the Company's written consent, which the Company does not withhold without good reason where the Supplier agrees.

Questions, changes, cancellations and complaints about Bookings can be sent to the Company:

1. Siam Luxury Adventure Co., Ltd., juristic person registration number 0835566027493, 88/384 Moo 2, Ko Kaeo Sub-district, Mueang Phuket District, Phuket Province, Thailand
2. Email: info@siam-luxury.com
3. Phone: +66 61 497 0336
4. WhatsApp: +65 8986 8291
5. Telegram: t.me/siam_luxury_adventure
6. LINE: ID timoteobir (line.me/ti/p/~timoteobir)

Notices to the Guest are sent to the email address or messenger account that the Guest used for the Booking. A notice counts as received when it reaches that address or account.