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Standard Agreement between the Organizer and the Traveler

Service Agreement

The parties to this Agreement (the “Agreement”) are: An individual with legal capacity according to Applicable Law or a legal entity with legal capacity according to Applicable Law, who has accepted the terms of this Agreement (hereinafter referred to as the “Organizer”), having an Account on the Site and offering the Service (hereinafter referred to as the “Organizer”), on the one hand, and an individual with legal capacity according to Applicable Law, or a legal entity with legal capacity according to Applicable Law, intending to purchase the Service (hereinafter referred to as the “Traveler”), on the other hand, collectively referred to as the “Parties,” have entered into this Agreement as follows.

1. Agreement and its Status

1.1 This Agreement is a standard version of the service agreement between the Organizer and the Traveler for the provision of services. The Agreement is posted on the Site by the Site Administrator on behalf of the Organizer, concluded using the technical means of the Site, applies to all Organizers with an Account on the Site, and is not unique (individualized).

1.2 Instead of using this standard Agreement, the Organizer may, and in cases provided by Applicable Law, must conclude their own version of the agreement with the Traveler, and may also make changes to the standard Agreement. In such cases, the Organizer independently determines the method of concluding the agreement with the Traveler (method of amending the Agreement), which can be any within the framework of Applicable Law except publication on the Site.

1.3 In any case, the Organizer is obliged to ensure the compliance of the Agreement (both the standard Agreement and the Organizer's own version) with Applicable Law and the provisions listed in p. 1.5 of this Agreement.

1.4 This Agreement is to be read and interpreted together with the relevant terms defined by the Organizer and posted on the Site, the Booking Order, and the Program, which complement each other (and together form the Agreement; all named documents are an integral part of the Agreement, as if incorporated into a single text).

1.5 In the part not regulated by this Agreement, the relations of the Parties are also governed by the provisions of the Agreement between the Site Administrator and the Organizer and the User Agreement, in particular, the following provisions of these documents:

1.5.1 Provisions regarding the protection of information and intellectual property rights, personal data protection.

1.5.2 Rules for posting and using materials posted on the Site by the Organizer and the Traveler.

1.5.3 Rules for the communication of the Parties through the technical capabilities of the Site and outside the Site.

1.5.4 Provisions on the information security of the Site.

2. Definitions Used in the Agreement

2.1 "Site" – a set of data (web pages) hosted on the Internet, united by a single theme, design, and domain name space of yummthai.com and its subdomains. The homepage of the Site is located on the Internet at https://yummthai.com/.

2.2 YUMMTHAI - TIMLADA LIMITED (TIMLADA LIMITED), registration number 0385566000468, owning all rights to the Site and controlling/administering the Site. The Site Administrator does not enter into transactions (does not conclude Agreements) on behalf of the Organizer with the Traveler, nor on behalf of the Traveler with the Organizer, does not own, sell, resell, organize, or provide Services or their individual components, and is not an insurer concerning any insurance risks of the Traveler and/or Organizer. When Services are paid for using the technical means of the Site, the Site Administrator acts as an agent of the Organizer.

2.3 "Account" – a set of electronic data (protected by the technical means of the Site) provided by the Organizer and the Traveler on the Site, allowing the individualization of the Organizer and the Traveler.

2.4 "Service" – a set of services defined in paragraphs 3.1.1. to 3.1.4. and/or their individual components, provided by the Organizer to the Traveler under this Agreement.

2.5 "Agreement" – this service agreement concluded by the Organizer with the Traveler.

2.6 "Moment of Agreement Conclusion" – the moment the Traveler confirms their willingness to use the Service by making a Prepayment.

2.7 "Prepayment" – partial payment for the Service by the Traveler before it is provided by the Organizer, under the terms defined by the Organizer and posted on the Site and specified in the Booking Order.

2.8 "Booking Order" – an electronic document sent by the Organizer to the Traveler using the technical means of the Site before making the Prepayment, containing information about the full range and consumer properties of the ordered Services, their total cost (price), terms, and conditions.

2.9 "Program" – the agreed program between the Organizer and the Traveler for the author's trip (excursion), containing a description of the route of the author's trip (excursion), the dates of the trip (excursion), a description of the events to be organized by the Organizer, as well as a description of the participation conditions established for the Traveler.

2.10 "Electronic Voucher (Ticket)" – an electronic document sent by the Organizer to the Traveler using the technical means of the Site after the Traveler's Prepayment for the Services, confirming the indicated Prepayment among other things.

3. Subject of the Agreement

3.1 Under this Agreement, the Organizer undertakes to provide (ensure the provision of) one (one individual component) or several (several components) of the following Services, which in each case are defined by the Organizer and posted on the Site with a full list and consumer properties, at the price, terms, and conditions posted by the Organizer on the Site and specified in the Booking Order, and the Traveler undertakes to accept the Services and pay for them:

3.1.1 The service of organizing and conducting an author's trip, including accompanying the Traveler according to the Program, and/or

3.1.2 The service of organizing and conducting an excursion (excursion service), including accompanying the Traveler according to the Program, and/or

3.1.3 The service of accommodating the Traveler in a transport specialized accommodation and/or other accommodation, and/or

3.1.4 The service of transporting by any type of transport and/or delivering the Traveler to the accommodation in the country (place) of temporary stay and/or back (transfer).

3.2 The Services provided under this Agreement are considered to be provided by the Organizer to the Traveler from the moment of completion of the component of the Service (author's trip and/or excursion and/or other component) and the Organizer's receipt of payment from the Traveler for the full cost of the relevant Services in accordance with p. 6.3. of this Agreement.

4. Obligations of the Parties

4.1 Organizer's Obligations:

4.1.1 To provide the Services to the Traveler in full accordance with the terms of this Agreement, the terms posted by the Organizer on the Site, specified in the Booking Order, and the Program.

4.1.2 To provide all Services independently or with the involvement of third parties to whom the Organizer assigns the execution of part or all of its obligations to the Traveler.

4.1.3 After the Prepayment for the Services (according to p. 6.2. of this Agreement) using the technical means of the Site or other legal methods, to send the Traveler their contact details (phone number and email address) and the Electronic Voucher (Ticket).

4.1.4 To post information about the Services on the Site only under their Account, allowing Travelers and the Site Administrator to reliably establish that the information about the Services is posted by the Organizer.

4.1.5 When creating an Account and posting information about the Services, to post accurate and reliable information about themselves and the Services in a way that allows for individualization of the Organizer and the Services, and to maintain it in such a state.

4.1.6 To have only one Account on the Site.

4.1.7 When providing the Services, to comply with Applicable Law and the legislation of the country (place) of temporary stay (provision of the Service), respect its social structure, customs, traditions, religious beliefs, preserve the environment, and carefully treat monuments of nature, history, and culture.

4.1.8 When creating and posting the terms of service provision, the Program, other information, and materials on the Site, to inform Travelers of all risks associated with the process of service provision, all requirements for Travelers, such as minimum age, accompanying skills, and level of preparation or other requirements, and to provide other information necessary and sufficient for participating in the author's trip and/or excursion and/or other components of the Services (including but not limited to information about visas and other formal travel requirements, equipment, special certifications or licenses, etc.).

4.1.9 To fully exercise the rights and bear the obligations under the concluded transaction (Agreement) with the Traveler.

4.1.10 To ensure the compliance of the standard agreement between the Organizer and the Traveler, posted on the Site by the Organizer's instruction, with Applicable Law.

4.1.11 To assist at the Traveler's request in providing insurance services for risks associated with the trip (including when traveling on routes that pose increased danger to life and health).

4.2 Traveler's Obligations:

4.2.1 To accept the Services in full accordance with the terms of this Agreement (including the terms posted by the Organizer on the Site and specified in the Booking Order), including but not limited to: providing their contact details (phone number and email address) to the Organizer, arriving at theI understand that you need the agreement between the Organizer and the Traveler translated. Here is a translated summary of the main sections:

5. Responsibilities of the Parties

5.1. Responsibilities of the Organizer:

5.1.1. Provide Services in full accordance with this Agreement, the terms posted on the Site, the Booking Order, and the Program. 5.1.2. Ensure all services are provided either independently or by involving third parties. 5.1.3. After Prepayment, send the Traveler their contact details and the Electronic Voucher (Ticket). 5.1.4. Post information about Services only under their Account on the Site. 5.1.5. Ensure the accuracy and reliability of the information posted in their Account. 5.1.6. Maintain only one Account on the Site. 5.1.7. Comply with Applicable Law and local customs, traditions, and regulations during the provision of Services. 5.1.8. Inform Travelers of all risks and requirements for participating in the Services. 5.1.9. Fulfill all obligations under the Agreement and ensure the Agreement complies with Applicable Law. 5.1.10. Assist in providing insurance services for travel-related risks if requested by the Traveler.

5.2. Responsibilities of the Traveler:

5.2.1. Accept and pay for Services in accordance with this Agreement, the terms posted on the Site, and the Booking Order. 5.2.2. Provide their contact details to the Organizer after making Prepayment. 5.2.3. Have the Electronic Voucher (Ticket) accessible during the Service. 5.2.4. Make payments and provide necessary information as per the Agreement. 5.2.5. Comply with Applicable Law and local customs during the Service. 5.2.6. Adhere to entry, exit, and stay regulations in the country of temporary stay and any transit countries.

6. Payment and Settlement

6.1. Total Cost: The total cost of Services is determined by the Organizer and specified in the Booking Order. The Traveler is fully informed about the cost before entering into the Agreement.

6.2. Prepayment: At the moment of entering into the Agreement, the Traveler makes a Prepayment using the Site's technical means or other legal methods.

6.3. Remaining Payment: The remaining cost of Services is paid by the Traveler before the Service starts or immediately after, depending on the Organizer's terms posted on the Site.

6.4. Expenses: The Organizer bears all expenses related to providing the Services unless otherwise specified in the Booking Order.

6.5. Refund Policy: The refund policy in case of cancellation is posted on the Site. Refunds are processed automatically according to this policy.

6.6. Refund Requests: For cases not covered by the general refund policy, refund requests should be sent to support@yammthai.com with detailed information. The Organizer may deny the refund if necessary information is not provided.

6.7. Refund Processing: Refunds are processed within ten days to the same card used for payment.

6.8. Anti-Fraud Measures: The Organizer and Site Administrator may request additional information to verify the identity of the payer to prevent fraud. The Traveler agrees to use only legitimate methods of payment and to provide necessary information for verification. The Organizer and Site Administrator reserve the right to suspend or restrict access to payment facilities if verification fails.

7. Liability of the Parties

7.1. Liability: The Parties are liable for non-performance or improper performance of their obligations according to Applicable Law.

7.2. Incorrect Payment Details: The Organizer is not liable for fulfilling monetary obligations if incorrect payment details are provided by the Traveler.

7.3. Information Accuracy: The Organizer is liable for damages caused by false, inaccurate, or misleading information posted on the Site.

7.4. Service Risks: The Traveler assumes all risks associated with participating in the Services. The Organizer must assist in obtaining insurance if requested by the Traveler.

7.5. Embassy Actions: The Organizer is not liable for actions of embassies or consulates, including visa issuance delays or refusals.

7.6. Force Majeure: The Parties are not liable for non-performance due to force majeure. The affected Party must notify the other Party within one day of the occurrence.

7.7. Force Majeure Notification: The Party unable to fulfill obligations due to force majeure must notify the other Party within one day.

8. Personal Data Protection

8.1. Data Processing: The Organizer processes the Traveler's personal data according to Applicable Law and the Privacy Policy.

8.2. Data Consent: By entering into this Agreement, the Traveler consents to the processing of their personal data by the Organizer. This includes collecting, storing, using, and sharing data as necessary.

8.3. Data Usage: The Organizer must use personal data only for legitimate purposes and ensure its security.

9. Miscellaneous

9.1. Effective Date: The Agreement is effective from the date of its conclusion and remains in force until the obligations are fulfilled.

9.2. Amendments and Termination: The Agreement can be amended or terminated according to Applicable Law. The Traveler can unilaterally withdraw from the Agreement after making Prepayment by notifying the Organizer.

9.3. Changes in Circumstances: Either Party may request changes or termination of the Agreement due to significant changes in circumstances.

9.4. Governing Law: The Agreement is governed by the laws of the Kingdom of Thailand.

9.5. Dispute Resolution: Disputes should be resolved through negotiations. If unresolved, disputes are handled according to Applicable Law.

9.6. Legal Proceedings: If disputes are not resolved through negotiations, they are settled in court according to Applicable Law.

Last Updated: May 26, 2024