Andaman Transfer Terms and Conditions
Andaman Transfer Co., Ltd. Andaman Transfer (referred to in the agreement as 'we, us or our') acts as a disclosed agent for third party transport providers (the "Supplier"). The contract for the provision of transport service is between you and the Supplier.
Our registered office is 270/25 Village No.6, Nuea Khlong District, Krabi 81130 and our company phone number is +6692-181-9997. Please read these terms and conditions carefully before making any booking, as they contain important information about your rights and obligations and you will be bound by them.
These booking conditions, in conjunction with the information set out on our website, and your voucher form the entire agreement between ourselves and yourselves and cover all bookings made through Andaman Transfer Co., Ltd, including bookings made on the Andaman Transfer website.
1.1 Please read these terms and conditions carefully before making your booking. By making a booking with us, you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time as well as other information contained in the website and shown on your vouchers. Please also note that as you are contracting directly with the Supplier you may also be bound by their terms and conditions of booking.
1.2 By ordering any services from our websites, you are entering into a contract with the Supplier for the supply of Services and not Andaman Transfer Co., Ltd. You agree to be legally bound by these terms and conditions of use as they apply to your order.
1.3 If you do not wish to be bound by these terms and conditions then regrettably you may not place an order via our website.
2.1 To place an order you must follow the ordering procedures set out on the order page of our website. All orders must be placed at least 48 hours in advance of your departure or, exclusively in the case of ‘bookings on the day’ orders, at least 2 hours in advance of your departure. It is your responsibility to ensure that both the pick-up and destination addresses that you, or someone on your behalf, have provided to us are complete and accurate. Correction of any errors made during the booking process will be subject to our Changes and Cancellations policy (clause 5).
2.2 We are entitled, on behalf of the Supplier, to refuse any order placed by you. We do not guarantee to successfully allocate a Supplier to every booking request. In the event that we are unable to allocate your booking request to a Supplier, we will send an email to advise you of that fact. An alternative may be offered which may include additional charges. We will acknowledge your booking request by issuing a booking voucher on behalf of the Supplier to the e-mail address you have given us upon ordering. Supplier details will only be provided if your booking is successfully allocated. Subject to clauses 3.3, 4 and 5, the order will then be fulfilled by the Supplier on the date set out in the booking voucher.
2.3 You confirm that all details you provide to us for the purpose of purchasing the Service from the Supplier will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service. If validation cannot be obtained and payment is not made, we reserve the right to cancel the booking on behalf of the Supplier concerned who will then not perform the Service.
2.4 For bookings that are successfully allocated to a Supplier, a voucher will be produced detailing your journey details, the Supplier's details and your unique voucher number. It is your responsibility to check the details of your booking on the voucher prior to travel and inform us if there are any errors. Andaman Transfer cannot be held responsible if the details entered at the time of placing your request are incorrect. You must present this to the driver at the start of your journey. The supplier can refuse the transfer if your booking voucher is not shown.
2.5 Disabilities and Medical Problems: If you or any member of your party has any medical problem or disability which may affect your transfer, please provide us with full details before we confirm your booking so that we can advise as to the suitability of your chosen arrangements if possible. Please inform us at the time of booking if any of the passengers are wheelchair users. Please also inform us as to whether the wheelchair is collapsible and the dimensions, so that we can ensure that the correct vehicle is booked to meet your needs.
2.6 Child Seats: As per the EU directive 2003/20/EC the following applies:
Children must use the correct child seat until they are 135cm tall or age 12 (whichever they reach first). They then must wear an adult seatbelt. It is the driver's responsibility to see that children are restrained correctly. However, there is an exemption for licensed vehicles, which can still carry children even if the correct child seat is not available. This only applies if they are not deemed mandatory by local legislature. If you are in any doubt then please contact the relevant supplier.
Licensed vehicles are subject to the following rules:
· Children under three, if in a licensed taxi/vehicle may travel unrestrained in the rear if no child seat is available.
· For children aged three and above, they must use an adult seatbelt, if no child seat is available or taken.
Please note it is the customer's responsibility to advise Andaman Transfer in advance should child seats be required; these are not automatically added to the reservation. There may be an additional charge.
2.7 Shuttles: there will be no charge for children under 3 years of age (providing they sit on an adults lap, and do not occupy the front seats of the vehicle). Children aged 3 years and above always count as a passenger, occupy a seat and must be booked and paid for in full. Any Infants aged 2 years or under must be advised at time of booking to ensure they will be provided a seat.
2.8 Vehicle Type and description: please note when booking a transfer, this can be any type from a (limited) range of vehicles depending on destination, and we do not state the exact vehicle type you may receive.
3 Prices and Payment
Special note: Changes to and errors in advertised and confirmed prices and other website details sometimes occur. You must check the price of your chosen transfers at the time of booking.
3.1 Details of the prices for the Service, and the procedures for payment and delivery are displayed on our website. The applicable price of any Service is the price displayed on our website at the date and time of your order. The price of any Service on our website may change before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.2 below). In accepting these terms and conditions once the price of the Service is confirmed, you waive your right to have the Service fare calculated on a taximeter.
3.2 We will inform you if a Service's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Service at the correct price. If you cancel the order, you will receive a refund of all monies you have paid.
3.3 Prices quoted are per vehicle - except in the case of shuttle transfers where per person rates are quoted.
3.4 You must pay by credit or debit card at the time of order as set out on the order page of our website. The cards we accept are set out on the order page of our website.
3.5 If you are booking via a Travel Agent, they are acting as a sub-agent on behalf of the Supplier. You do not have a contract with the Supplier for the supply of Services until full payment has been received by the Supplier. The Supplier will not accept any liability in respect of any confirmed Services until full payment has been received by the Supplier. Once we have received the payment from the Travel Agent, we will be able to place your booking with the Supplier.
4 Special Requests
If you have any special requests, please let us know at the time of booking. We will endeavour to pass on all such requests to the Supplier, however we cannot guarantee that they will be met and we will have no liability to you if they are not.
5 Changes and Cancellations by You
Any amendments that need to be made to the booking, including where an address has been incorrectly entered during the booking process, are subject to the availability of the Supplier and may incur additional charges. Amendments can be made directly online up to 3 days prior to the first (or only) sector of your transfer booked date, otherwise any amendment requests must be sent to us in writing, by email at firstname.lastname@example.org or by calling through to within Thailand office hours only and will take effect from the day of receipt. Special Note: Amendments cannot be made to ‘bookings on the day’ orders and, in the event of cancellations, these bookings are non-refundable. Amendments outside of our Thailand office hours will not be accepted. Whilst we will try to assist, we cannot guarantee that any requests for amendments will be met. Charges may apply. Cancellations can be made directly online at any time prior to the first (or only) sector of your transfer booked date. Charges may apply. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier concerned. The Supplier may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the transfers and will normally increase closer to the date of departure). In addition we reserve the right to charge an administration fee of rest stop 300 THB/1 rest stop.
We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed Services or to cancel them. We will also use all reasonable efforts to find alternative suitable Services for you at no extra cost, but we will have no further liability to you.
6 Our Responsibility
6.1 We act as a booking agent. As such, we accept no responsibility for the actual provision of services. Our responsibilities are limited to publishing information on our website about the Services the Suppliers supply; passing on reservation information to Suppliers and informing you of any enforced changes to the terms of your booking. We accept no responsibility for any information about the transfers that we pass on to you in good faith. We accept no liability for any illness, injury, death or loss of any kind. This includes loss, damage or theft of any luggage or personal belonging you or your party may be carrying. Any claim for loss, injury, illness or death should be pursued with the Supplier directly or may be covered under the terms of your insurance. We only accept liability to you for claims which arise solely as a result of our own negligence.
6.2 Descriptions of transfers provided are taken from information provided to us by the Supplier and we do not accept responsibility for any inaccuracies in such information, nor can liability be accepted for changes to facilities which are not communicated to us by the Supplier.
6.3 In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
7 Force Majeure
Force majeure means that neither we nor the Supplier will pay you compensation if we or the Supplier have to cancel or change any Service because of unforeseeable circumstances beyond our or the Supplier's control. These can include, but are not limited to, accidents and related delays, unplanned marches, demonstrations and organized disruption, police operations, unforeseen road hazards, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions or other similar events outside our or the Supplier's control.
8 Your Responsibilities
8.1 It is your responsibility to travel with the booking voucher which lists arrival instructions (which differ at each airport) and all of the relevant local contact numbers in the event of an emergency and local office reconfirmation hours and contact number. This is made clear on your booking voucher and on the website. Neither us, nor the Supplier, will accept any responsibility for any loss of Service or other loss should you not travel with your booking voucher.
8.2 If your flight is diverted, we recommend that you contact our 24 hour helpline as soon as possible as they may be able to assist you in finding alternative transfer arrangements. Please note that neither we nor the supplier will be liable to pay for such alternative arrangements. Subject to their terms and conditions, it is the responsibility of the airline to transport you to your original destination airport.
9 If You Have a Complaint
9.1 If you encounter a problem with your Service, please inform the Supplier, or call us using the numbers given to you on your booking voucher, and we will immediately endeavour to investigate the matter with the Supplier on your behalf and put things right. Failure to notify us or the Supplier concerned of your complaint at this stage will affect our ability to investigate the matter complained of, and your rights under the contract with the Supplier.
9.2 If you have any service issues upon your return, in relation to services booked with us, you should direct them to us via the “Report Issues” button on our website or via email email@example.com or by post to 270/25 Village No.6, Nuea Khlong District, Krabi 81130. We will liaise with the Supplier and endeavour to resolve all service issues within 3 days of notification.
9.3 Please note that any complaints must be received in writing within 3 days of the return booking date. (If an outbound transfer only - then within 3 days of this date).
10.1 If you wish to rely on any variations to these terms and conditions, you should ensure that such variations are agreed with us in writing as soon as possible.
10.2 We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.
10.3 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by the new version. You must check the terms and conditions on the website regularly. The terms governing the purchase of any Service will be the terms in place at the time of your order.
10.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.
10.5 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
11 Social Media Terms & Conditions
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #AT TO ANDAMAN TRANFER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
11.1 You represent and warrant that you are at least 18 years old.
11.2 You represent and warrant that you (a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide The Andaman Transfer Group and its affiliates, agents, representatives, licensees and assigns with the license and rights set forth in Section 4 below; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Andaman Transfer to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorisation procedures determined by the platform.
11.3 You hereby grant to Andaman Transfer a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on Andaman Transfer’s social media accounts, on or in any digital platforms of Andaman Transfer (including websites, apps and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, Andaman Transfer’s right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to Andaman Transfer. Nothing in this license requires Andaman Transfer to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
11.4 Any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Andaman Transfer or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Andaman Transfer’s request.
11.5 You understand that you will not be paid for Andaman Transfer’s use of your Content as described in this License Agreement. Each of us will bear our own expenses associated with this License Agreement.
11.6 You agree to take any actions (including execution of documents) reasonably requested by Andaman Transfer to effect, perfect or evidence the representations and/or licenses and rights set forth in this License Agreement.
11.7 You agree that you will not submit Content that:
– infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another;
– includes material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
– displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to Andaman Transfer or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product;
– impinges upon or violates the publicity, privacy or data protection rights of others; or
– makes or includes false or misleading statements, claims or depictions about a person, company, product or service.
Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Andaman Transfer will reject and/or remove any Content in which Andaman Transfer believes, in its sole discretion, that any such activities have occurred.
11.8 To the fullest extent allowed by law, you agree to release, discharge and indemnify Andaman Transfer and its employees, contractors, sponsors or any other person acting under Andaman Transfer’s permission or authority, from any liability, claim, damage, judgement, cost, loss, expense (including reasonable solicitors’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with this License Agreement.
11.9 This is the entire agreement between you and Andaman Transfer in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.
11.10 This License Agreement will be governed by applicable laws of the Thailand, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Andaman Transfer’s rights to the Content under common law and statutes (such as rights of public domain and fair use).