TERMS & CONDITIONS
Pacific Asia Travel Co. Ltd. and the Agent are sometimes referred to in this Agreement collectively as the "Parties" and individually as "Party".
OBLIGATIONS OF THE PARTIES
Whereby both parties agree to be bound by the following;
1. OWNERSHIP
The
Website and Online Booking System, www.pathotels.com is owned and operated and
a division of Pacific Asia Travel Co. Ltd. Pacific Asia Travel Co. Ltd is a
company duly registered in
2. AGREEMENT
www.pathotels.com is offering online hotel accommodation, transfers, sightseeing tours and package tours reservations with real-time instant confirmation from its allotments with very competitive rates. It is especially designed and committed to serve only for the tour operators, travel agents and / or travel professionals in any form of Business to Business (B2B) and strictly controlled by Pacific Asia Travel Co. Ltd. By using our website ("Website") and the online booking engine ("Online Booking System") contained on our Website, you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this Agreement at any time and without prior notice to you. Therefore, you should carefully review the terms and conditions of this Agreement each time you use our Website or Online Booking System. If the terms and conditions of this Agreement are not acceptable to you, you should not use our Website or Online Booking System.
3. RELATIONSHIP BETWEEN PARTIES
a) Pacific Asia Travel Co. Ltd. shall endeavour to offer the best services, the most competitive rates and all the cooperation to the Agent in order to finalize any enquiry or booking received for its entire products and services.
b) The Agent shall endeavour to use the services of Pacific Asia Travel Co. Ltd., or keep Pacific Asia Travel Co. Ltd. informed if the need arise to work with other Inbound Tour Operator.
c) Both parties shall supply each other with good and timely information such that the operation shall be encouraged to be of the highest quality.
4. COPYRIGHT AND TRADEMARK
The Content and other matters related to our Website or Online Booking System are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of our Website or Online Booking System, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on our Website or Online Booking System does not constitute a waiver of any such rights. Pacific Asia Online, Pacific Asia Travel and www.pathotels.com and certain other trade names are either trademarks or service marks or registered trademarks or service marks of Pacific Asia Travel Co. Ltd. Other product and company names contained on the Website or Online Booking System may be trademarks or service marks of their respective owners. Pacific Asia Travel reserves all right, title and interest in and to its copyright and trademark rights.
5. RIGHTS TO USE
a) Subject to the terms and conditions set forth in this User Agreement, we hereby grant to you an exclusive, limited, non-transferable and revocable account to view, print and download Content from our Website and Online Booking System solely for your company or/and organization use solely for purposes of enabling you to purchase products or services offered through our Website or Online Booking System. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through our Website or Online Booking System.
b) www.pathotels.com reserves the right neither to provide or not a login information to access our Online Booking System. The organization(s) login information provided are not allowed to transfer or disclose login information to a third party or / and unauthorized parties. The organization login information provided will be responsible for the activities that are done on their account. www.pathotels.com reserves the right to change the login information for security reasons and it is the organization responsibility to notify us the termination / cancellation / changing of login information for the organization or an employee of the organization so that such access codes can be inactivated to control misuse and possible liability of credit facility.
6. LIABILITY DISCLAIMER AND LIMITS
a) The content or other materials published on the Website and / or in the Online Booking System may include inaccuracies or typographical errors. The content or other materials may be changed or updated periodically. We and any of our affiliates may, but shall not be required to make any changes to the Website or Online Booking System any time without prior writing notice.
b) Neither we nor any of our affiliates make any representation or warranty about the suitability of the content contained on the Website or Online Booking System for any purpose whatsoever, and the inclusion or offering for sale of any products or services on or through the Website or the Online Booking System shall not constitute any endorsement or recommendation of such products or services by us or our affiliates. All such content is provided "as is", "as available", without any warranty of any kind whatsoever.
We and our affiliates hereby disclaim all warranties and conditions with regards to such content and all products and services available through our Website or Online Booking System, including, but not limited to, any implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. Our Website and / or Online Booking System may contain bugs, errors, problems or other limitations, for which you agree to hold us and our affiliates harmless.
c) The suppliers providing products and services through our Website or Online Booking System are independent contractors and are not our or our affiliate’s organizations. Neither we nor our affiliates are liable for the acts, errors, omissions, representations, warranties, breaches or negligence whatsoever of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting there from. From time to time, access to our website or Online Booking System (or any portion thereof) may be suspended without prior notice. You agree that we and our affiliates will have no liability and will not be obligated to make any refund and shall otherwise not be responsible in the event of any delay, cancellation, overbooking, misquoted rates, strike, riots, floods, acts of God, security breach false transmissions, pranks, hoaxes, technological failure or any other cause beyond our or our affiliates' control and further that neither we nor our affiliates shall have any responsibility for any additional expenses omissions, delays, re-routing or acts of any government or authority.
d) In no event shall we or any of our affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of our Website or Online Booking System or the delay or inability to use our Website or Online Booking System, or for any content or products or services obtained through our Website or Online Booking System, or otherwise arising out of the use of our Website or Online Booking System, whether based on contract, tort, strict liability, or otherwise, even if we or our affiliates have been advised of the possibility of damages. Because some states / Jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our Website and / or Online Booking System, you agree that you will not use our Website or Online Booking System for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old and posses the legal authority to enter into this User Agreement and to use our Website and Online Booking System in accordance with the terms and conditions of this User Agreement. You may only use our Website and the Online Booking System to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand.
8. LINKS TO OTHER WEBSITES
Our Website and Online Booking System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website or Online Booking System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Website or Online Booking System to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
9. CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated.
Neither we, nor our affiliates, warrant or guarantee the accuracy of any such information. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy
of the currency rates. We do not authorize the use of this information for any purpose other than personal use and hereby prohibit, to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
10. MISCELLANEOUS
This User
Agreement shall be governed by and construed in accordance with the laws of the
11. TERMS OF SERVICE AND BOOKING PROCEDURE (HOTEL RESERVATION ONLY)
A. BOOKING PROCEDURE AND GENERAL INFORMATION
1) All requests by the Agent shall be made through Online Booking System at www.pathotels.com or in either via XML INTERFACE.
2) Confirmations from Pacific Asia Travel should be checked by the Agent upon receipt, as we cannot accept any liability for incorrect information received.
3) When a reservation is confirmed by Pacific Asia Travel, we assume it is a definite booking and do not need a reconfirmation from you. Any reservation not needed or found not suitable after our confirmation should be cancelled immediately through Online Booking System, in writing or through the XML INTERFACE in order to avoid 'no-show' charges. (See cancellation notes on entry B.)
4) All bookings via www.pathotels.com will provide with real-time availability information. If the room(s) is available, instant confirmation with hotel guarantee will provide you on the Website or Online Booking System.
5) Number of guest for each room in hotels is defined in the booking inventory; child in room must be specified during booking with age limit, extra bed and meals cost are generally charged by respective hotels.
6) Transfers and sightseeing reservations will be perceived / treated as confirmed bookings, if it has been made before 72 hours to the service. Otherwise, will be on-request status.
7) All the phone calls answered/made by our reservation team are recorded in order to improve our customer service and can be used as reference in case of a problem that might occur in the future.
8) Your contact details can be used to inform you about our services, deals and promotions. Please contact us at info@pathotels.com if you do not want to receive these e-mails.
9) No contract will exist between you, your clients and us (or our affiliates) with respect to hotel reservations until we have sent you the voucher that your client will present to the appropriate hotel at the time of check in.
10) Pacific Asia Online / Pacific Asia Travel shall not be liable for any failure or results of uncontrollable circumstances such as flood, earthquake, riot, terrorist acts, acts of governments or authority change in a country, bad weather conditions; and renovations at the hotel when it is not reported to us in advance.
11) The climate differences and energy saving rules of
different countries might affect the heating systems at the hotel which is
located at that particular area and/or country. For instance, in
12) Pacific Asia Online reserves the right to change the terms and conditions when necessary changes are needed.
13) After completion of the reservation, please check and make sure all the details in the hotel voucher (such as hotel address, hotel info, city and country details) are correct. This way you and your client will be `protected against any inconveniences caused by a system error.
14) All the vouchers will indicate the confirmation number and booking payment through Pacific Asia Travel.
15) All agents shall be responsible to inform their customers to obtain necessary entry visas as required along with all personal and family documentations such as passport bearing at least 6 months validity as required by the destinations visited.
16) Pacific Asia Travel is not responsible for travelers’ baggage and personal belongings throughout their stay.
17) Properties may change name or trade name from time to time; this should not constitute to change the hotel or modification the reservation.
18) Any incidental charges will be assessed directly to you by the hotel at the time of checkout. Examples of incidentals include: parking fees, telephone call, internet fee, room service, mini-bar snacks, in-room movies and etc.
B. CANCELLATION AND AMENDMENT
1) Cancellations and amendments should be made on our website / Online Booking System or by contacting to Pacific Asia Online Reservation Team via e-mail, fax or phone before the cancellation deadline for that specific reservation / hotel.
2) All amendments and/or cancellations must be received
in Pacific Asia Travel office by 17:30 hours
3) Cancellation policy information of all the each hotels will be display on the search result while you are making booking.
4) Any cancellation or amendment which is directly done by contacting the hotel or service provider is not acceptable and it is the agency’s responsibility.
5) Should any passenger/s alter the number of days during their stay, directly with a hotel, they will be required to get a confirmation letter from the hotel signed by the duty manager stating that the change has been accepted and no charges will be levied.
6) Rate changes may be applied to the original rate in case of a name change made after the confirmation of the reservation.
7) You must be fully aware of our booking, amendment, cancellation, payment policies in order to advice your clients accordingly.
8) Reservations may be changed or cancelled anytime within the appropriate hotel's cancellations policy period at a charge indicated on the website / Online Booking System.
9) Upon arrival and check in at a hotel, client is responsible for the entire length of stay. No refunds or credits will be issued for any nights reserved but not consumed.
10) Cancellations made after the hotel cancel policy period has lapsed or no shows will be charged according to the hotel's cancellation policy (although the cancellation charge usually equals one night's room rate, you should look to the specific hotel's policies for the exact charges that you may incur).
11) A full (100%) charge or extra payments may occur for the cancellations and amendments if there is a special event in the area, hotel and / or any holidays within the reservation period such as fair, congress, concert, Christmas, or other public holidays specific to the destination.
B.1 Cancellation Policy for Credit Card Purchase
In case you decide to cancel your confirmed booking for any reason:
- The amount refunded to the card is subject to the fees and taxes imposed by the bank.
- In additions, PAThotels will charge 5% administrative fees to process the refund.
B.2 Cancellation Policy for Money Transferring
- PAThotels will charge THB100 administrative fees to process the refund.
In the event you decide to cancel a booking within the grace period (no charge from hotel), we will process the refund. Depending on the bank, it usually takes 2 to 4 weeks for the bank to credit the refunded amount to your credit card account. The amount refunded is subjected to merchant fees, VAT and administrative charges charged by the bank.
In the event you decide to cancel a booking beyond the grace period (charge from hotel), we will process the refund. Depending on the bank, it usually takes 2 to 4 weeks for the bank to credit the refunded amount to your credit card account. The amount refunded is subjected to penalty charge by the hotel, merchant fees, VAT and administrative charges charged by the bank.
In the event if the booking is on request and is unable to confirm by the hotel, we will process the refund. Depending on the bank, it usually takes 2 to 4 weeks for the bank to credit the refunded amount to your credit card account. The amount refunded is subjected to merchant fees, VAT and administrative charges charged by the bank.
D. PRICES
1) All prices might be quoted in different currencies. These rates are to be used as a guide only. The actual currency and amount that will be charged will be shown to you on the actual Booking / Payment page. The default currency for charges on a Visa or MasterCard will be THAI BAHT.
2) All prices might be quoted Nett and fully inclusive of service charges, VAT and other local charges to the Agent.
3) All prices are valid until specified date and will not be altered except as a consequence of Thailand Government action (e.g. change in VAT rate).
E. PAYMENT
1) The exchange rates may change on daily basis depending on the fluctuations in the market. The room rates displayed on our website may change depending on these exchange rates or the season. We reserve the right to change prices displayed at the website.
2) Credit cards for hotel reservations will be charged the full amount for the reservation including all taxes and applicable service fees at the time of booking.
3) If you use your client’s credit card for payment, make sure your client knows how the charge will appear on their credit card statement, so they can recognize it and not dispute it.
4) Chargeback’s for consumed reservations and / or penalties that are stated on the hotel vouchers as well as in our Terms & Conditions will render your agency responsible for the payment.
5) The company name will be shown as Pacific Asia
Travel,
E.1) PAYMENT METHOD
1) If the client chooses as to receive the xml integration based on net rates, the following payment procedure applies:
2) All Agents must establish a SECURITY / FLOATING DEPOSIT / BANKER’S GUARANTEE with Pacific Asia Travel Co. Ltd. in order to establish a Credit Line
E.1.1) FLOATING DEPOSIT
a) The Agent shall forward USD 5,000 Security Deposit to Pacific Asia Travel. and pay for reservations as follows:
b) Recommended initial deposit amount is USD 5,000. This deposit amount will be adjusted based on the sales volume of the Agent and the amount will be increased / set as much to cover an amount of monthly sales volume of the Agent. Any reservation above this total will have to be hold until the Agent adds more funds to their accounts. When more funds are added the balance will increase and the system will allow the reservations. A certain amount of the total deposit (USD 2,000) is hold as refundable security deposit and is not to be used as floating deposit. The Agent acknowledges that the balance is always kept above minimum balance and that they act upon the 'low balance notification' e-mails sent to avoid any de-activation of the interface. The system will not allow any bookings after the balance is zero. It is the Agent’s sole responsibility to follow their account and balance at Pacific Asia Travel Online Booking System.
c) Any reservation done manually (non-xml) through www.pathotels.com, will have to be pre-paid with a credit card on line at the time of booking under prepayment terms of Pacific Asia Travel Online Booking System; or these reservations are deducted from the floating deposit.
d) In the event that this Agreement is terminated by either Party in accordance with the terms herein, and provided no amounts are due from the Agent to Pacific Asia Travel in accordance with terms herein, any balance of said floating deposit remaining with Pacific Asia Travel shall be returned by Pacific Asia Travel to the Agent within sixty (30) calendar days after such termination.
E.1.2) BANK GUARANTEE / CREDIT / DIRECT BILLING
a) A bank guarantee for the amount of USD 10,000 is required in order to establish a Credit Line / Direct Billing status.
b) Upon the receipt of a Bank Guarantee for the amount of USD 10,000 the Agent will be allowed a total Credit Limit of USD 8,000. This credit limit must be respected at all times independently of the volume of business produced by the Agent. Payments must be scheduled in accordance to the established credit limit in order to maintain the account at all times within the parameters agreed in this contract.
E.1.3) INVOICE / BILLING PERIOD
a) Twice a month payment basis: The Agent shall be invoiced on the 1st of each month based on the deadline of the hotel booking. Reservations with a deadline between 1st and the 31st of the month will be invoiced on the 1st of the following month to be paid by the 7th (within 7 days). If the credit limit is reached before the month ends the payment is required immediately. Recommended bank guarantee amount is USD 10,000. Any reservation above this total will have to be pre-paid with a credit card on line at the time of booking under prepayment terms listed above.
b) Land reservations will be invoiced based on deadline prior to check-in dates. All invoices are to be paid in full. We will not accept any short payments. If you are expecting a credit from customer service, please pay the invoice in full and you will receive a credit, if due, once the issue is resolved. A finance charge equal to the lesser of one percent (1%) per month or the maximum amount allowed by applicable law shall be assessed on all amounts that are past due. If payment is not received within one (1) day of due date, access to our system will be removed until payment is received.
E.1.4) FLOATIN DEPOSIT / MONTHLY PAYMENT / WIRE (BANK ACCOUNT DETAILS)
a) Please see the below account details may be used to make payment for the floating deposit or monthly payments:
THB (THAI BAHT) ONLY
| Bank Name : | Bangkok Bank Public Co. Ltd. |
| Bank Address : | Head Office, |
| Acc. Holder : | Pacific Asia Travel Co. Ltd. |
| Account Number : | 101-7-95154-0 |
|
SWIFT CODE : |
BKKBTHBK |
USD (US DOLAR) ONLY
| Bank Name : | Bangkok Bank Public Co. Ltd. |
| Bank Address : |
Head Office, |
| Acc. Holder : | Pacific Asia Travel Co. Ltd. |
| Account Number : | 840-101-0019-100312-501 |
|
SWIFT CODE : |
BKKBTHBK |
EURO (€) ONLY
| Bank Name : | Bangkok Bank Public Co. Ltd. |
| Bank Address : |
Head Office,
|
| Acc. Holder : | Pacific Asia Travel Co. Ltd. |
| Account Number : | 978-101-0019-100320-501 |
SWIFT CODE : |
BKKBTHBK |
F. ROOM TYPES
1) The room types may depend on the availability of that room type in the hotel and vary according to the hotel and/or the country in terms of categorization of the rooms.
2) Any extra queries such as upper floor; smoking etc. are not guaranteed at the time of the booking. It will depend on the availability upon check-in to the hotel.
3) Star ratings of the hotels shown for each hotel give a general idea of the quality of the hotel and approximate level of facilities, services and amenities. However criteria and specific requirements applied may vary from country to country.
4) Pacific Asia Travel is not responsible of this variety in terms of star ratings between countries, room types and the hotel info related to these issues.
G. VOUCHERS
1) All vouchers addressed to hotels or suppliers should always quote our booking reference number and clearly specify:
- - Booked and payable by Pacific Asia Travel Co. Ltd - Thailand Tel: (662) 277 8777
2) Please do not issue vouchers without our prior confirmation and Booking Reference Number.
H. BOOK OUT
1) Although your booking at a specific hotel is confirmed; there may still be times when a hotel refuses to confirm the reservation or hotel keeps its right to announce a book-out situation. In this case we will re-accommodate to a different hotel / property with similar or better category of the same hotel. Pacific Asia Travel is obliged to offer an alternative hotel to the client, however cannot be held responsible for the book-out situations.
I. GROUP RESERVATION TERMS
1) If the reservation request includes accommodation for more than 9 pax and /or 5 rooms this should be entered as Group Reservation and it will be considered under the group reservation terms and conditions.
12. INDEMNIFICATION
You agree to indemnify, defend and hold us and our affiliates, and any of our or our affiliates' officers, directors, employees, agents, successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including without limitation reasonable legal and accounting fees arising directly or indirectly in connection with any breach by you of any term, condition, representation, warranty or covenant contained herein or otherwise resulting from your use of our Website or Online Booking System.