GENERAL TERMS AND CONDITIONS
User Agreement ("Agreement") is made between Passion Net Company
Limited ("Asia-Biking.com") which owns and operates the internet site
with the URL: www.Asia-Biking.com ("the Web Site") and you who access
and/or visit or cause to access and/or visit the Web Site ("you/your").
usage, access, visit, or shopping at the Web is on express condition
that you accept without variation the terms and conditions set out
herein. The information contained in these web pages may be amended by
us from time to time without notice to you. You need to review these web
pages each time you use this Site. Your usage, access, visits, or
shopping at this Site constitutes your agreement to all the terms and
conditions in force for the time being as set out herein. If you do not
agree to any part of the following terms or conditions, you must not use
1. YOUR OBLIGATIONS
your Username and Password secure and protected from unauthorized
access or use.
notify Asia-Biking.com if you become aware of, or suspect, any
unauthorized access to your Username and Password, or any other breach
of security. Asia-Biking.com will not be liable for any loss that you
may incur as a result of any unauthorized usage of your Username or
Password or account, either with or without your knowledge;
and promptly update your Account to keep it true, accurate, current and
bear full financial responsibility for all uses of these Sites by you
and those using your login and credit card information, including but
not limited to minors living with you and to supervise all usage by such
minors of this Site;
use the information available on or from these Sites for non-commercial
use and information purposes only. Any unauthorized commercial use of
the information or services provided through this Site is expressly
to use this Site in a way which interferes with its availability for
to use the account of any other Asia-Biking.com's member, without the
express permission of the account holder;
to use this Site to make any speculative, false or fraudulent
booking/reservation or any booking/reservation in anticipation of
2. REPRESENTATIONS WARRANTIES
fully represent and warrant that:
are of sufficient legal age to use this Site in accordance with all
terms and conditions herein and to create binding legal obligations for
any liability you may incur as a result of the use of these Sites;
information supplied by you in using these Sites are complete, true and
shall not post or transmit any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory, pornographic or profane
material or any material that could constitute or encourage conduct that
would be considered a criminal offence, give rise to civil liability,
or otherwise violate any law.
3. SOFTWARE AND COPYRIGHT
Site and all content on this Site ("the Content") are the property of
Asia-Biking.com and/or it's travel product suppliers or independent
supplier(s) ("Suppliers") or the party credited as the provider of such
Content. Asia-Biking.com retains all rights (including, but not limited
to trademark rights, copyright and patent rights) with respect to all
software and underlying information or material available through this
Content is intended solely for your personal, non-commercial use. You
may not copy, print, reproduce, reengineer, disassemble, upload,
download, store, display in public, alter or modify, publish, transmit,
participate in the transfer or sale of, reproduce (except as provided
herein), create derivative works from, distribute, perform, display or
in any way exploit, any of the Content, in whole or in part.
are not to download or otherwise export or re-export any software or
underlying information or material available through this Site, except
to the extent that such downloading occurs in the course of using these
Sites in accordance with our written instructions or otherwise as
expressly permitted in this Agreement. All rights not expressly granted
herein are reserved. This clause shall survive any termination of this
use of Asia-Biking.com is at your sole risk. This Site (including the
products and services) is provided on an "as is" basis and you assume
total risk and responsibility for your use of this Site.
the maximum extent permitted by law, Asia-Biking.com assume no
responsibility whatsoever and howsoever and specifically disclaims all
warranties, express or implied, in respect of this Site including, but
not limited to, merchantability, fitness for a particular purpose,
non-infringement of intellectual property or other proprietary rights or
compatibility between these Sites and any software or hardware.
information contained in these Sites is subject to change without
neither warrants nor makes any representations regarding the accuracy
or completeness, quality or adequacy of this Site or of any of the data
or information contained in this Site or that the use of this site will
be timely, uninterrupted, secure or error free or that any information,
data, content, software or other material accessible through this Site
will be free of bugs, viruses, worms, trojan horses or other harmful
components. Asia-Biking.com will not be responsible for any loss
resulting from your reliance on any information provided on this Site.
5. LIMITATION OF LIABILITY
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM
THE SITE. IN NO EVENT SHALL ASIA-BIKING.COM NOR ITS SUPPLIERS BE LIABLE
FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,
PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES
OUT OF OR IS IN ANY WAY CONNECTED WITH
USE OF THIS SITE OR CONTENT FOUND HEREIN,
FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY
TO USE ANY COMPONENT OF THIS SITE FOR BOOKING/RESERVATIONS OR
PERFORMANCE OR NON PERFORMANCE BY ASIA-BIKING.COM OR ANY THIRD PARTY
PROVIDERS OR DISTRIBUTORS,
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH
PARTIES OR ANY OTHER PARTY.
anything contained in this Agreement, the liability of Asia-Biking.com
and/or its Suppliers and their officers, directors, employees and agents
shall in no event exceed, in the aggregate, US $100.
disclaimer and limited liability of Asia-Biking.com as set out in this
Agreement are fundamental elements of the basis of the bargain between
you and Asia-Biking.com, and you agree that Asia-Biking.com would not
otherwise be able to offer the products and services on its present
basis without such limitations. This clause shall survive any
termination of this Agreement.
7. FORCE MAJEURE
shall not be liable for damages of any kind arising out of any failure
or delay by Asia-Biking.com in performing any or all of our obligations
contained herein or in respect of any product or service if the failure
or delay is due to circumstances or cause beyond our reasonable control.
8. RESTRICTION/ CANCELLATION OF SERVICE
may, at any time and at its sole discretion and without cause or
notice, terminate or restrict your access to any component of this Site
or refuse to give effect to any booking or booking/reservation requested
by you, terminate your password, account (or any part thereof) or use
of this Site, and remove and discard any Content within this Site,
without being required to give any reasons or advance notice to you.
you agree that Asia-Biking.com shall not be liable to you or any
third-party for any termination of your access to this Site.
shall indemnify and keep Asia-Biking.com and/or any of its Suppliers
and their officers, directors, employees and agents indemnified against
all claims, demands, actions, proceedings made or brought against
Asia-Biking.com arising from your use of this Site and/or any breach of
any term or condition by you.
10. LINKS TO THIRD PARTIES
Site may contain hyperlinks to web sites operated by third parties. The
inclusion of hyperlinks to any such web sites does not imply
Asia-Biking.com's endorsement of such web sites nor any association with
their operators. Asia-Biking.com is not responsible for the contents of
other web sites. Linking to any hyperlinked web sites is done at your
own risk and subject to the specific terms and conditions (if any) of
such hyperlinked sites.
Site also may contain advertisements by third parties. Unless otherwise
specifically stated on this Site, we do not endorse or make any
representation or warranty regarding the liability or quality or
accuracy of any products or services featured in, or linked to any
advertisements that appears on this Site.
reserves the right to change the terms, conditions, and policies under
which Asia-Biking.com's products and services are offered. You are
responsible for regularly reviewing these terms and conditions including
such additional, modified, or varied terms posted from time to time.
Your continued use of this Site shall constitute your acceptance of the
terms and conditions, as modified.
provision of this Agreement which is invalid, prohibited or
unenforceable shall: be ineffective to the extent of the invalidity,
prohibition or unenforceability; not invalidate the remaining provisions
of this Agreement; and such provision shall nonetheless be applicable
or enforceable to the fullest extend permitted by law.
13. RELATIONSHIP BETWEEN THE PARTIES
joint venture, partnership, employment or agency relationship exists
between you and Asia-Biking.com as a result of this Agreement of your
use and/or access, visit or shopping at this Site.
14. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
terms and conditions and policies posted on this Site may apply to your
booking/reservations and purchase of our products and services and use
of other components of the Site and you agree to abide by these terms,
conditions, and policies, and other components of the Site.
may at any time modify these terms and conditions without notice to you
and your usage of this Site shall be conditioned upon the terms and
conditions in force at the time of your use.
16. ENTIRE AGREEMENT
Agreement constitute the entire agreement between the parties in
respect of its subject matter and supersedes all prior understandings or
agreements (whether oral or written) regarding the subject matter and
may not be amended or modified except by us herein.
17. GOVERNING LAW
Agreement and its performance shall be governed by and construed in
accordance with the laws of Thailand
and you consent and submit to the non-exclusive jurisdiction of the
courts of Thailnad.
TERMS AND CONDITIONS OF PURCHASE
note that the booking/reservation and purchase of all our products and
services (collectively referred to as "the Travel Products") are subject
to the following terms and conditions AND other terms imposed by our
third party providers, fulfillment providers, airlines, other travel
products and independent supplier(s) ("Supplier") from time to time
effecting a booking of the Travel Products through this Site, you
expressly agree to be bound by terms and conditions herein and the
MEMBERSHIP You may only make bookings or reservations for our
Travel Products or booking/reservation requests upon registration as a
member of Asia-Biking.com. Membership is not transferable but a member
may make bookings on behalf of non-member(s). You agree to bear full
financial responsibility for all usage, access, visit or shopping at
this Site using your login and credit card information, including but
not limited to usage by minors living with you.
CHANGES TO RATES The rates quoted in respect of the Travel Products
are subject to change without notice.
REMOVAL OF TRAVEL PRODUCTS Asia-Biking.com reserves the right at
any time and from time to time to remove, modify or discontinue,
temporarily or permanently the Travel Products (or any part thereof)
with or without notice. You agree that Asia-Biking.com shall not be
liable to you or to any third party in any way for any modification
suspension or discontinuance of the Travel Products.
RESERVATIONS Asia-Biking.com and their Suppliers are entitled at
their discretion to refuse and/or decline to accept any booking or
reservation placed through this Site. You are responsible for your
travel planning and any bookings or reservations made based on such
planning. Asia-Biking.com will not be held liable nor entertain a refund
of any nature should you book or reserve a Travel Product that is not
suitable. If you have any special requests, these will be passed on to
the relevant Suppliers but cannot be guaranteed by Asia-Biking.com.
Unless otherwise stated, all bookings or reservations are
non-exchangeable and non-transferable.
TRAVEL PRODUCTS All Travel Products posted on this Site are offered
by independent Suppliers and are subject to their terms and conditions
and the availability of the Travel Product. Asia-Biking.com do not
independently verify the accuracy and quality of the information and
does not guarantee its accuracy, completeness or adequacy.
Asia-Biking.com merely acts as a electronic booking platform for Travel
Products of the Suppliers and shall not be responsible nor liable for:
overbooking, misinformation or mishandling of any booking/reservation or
booking by the Suppliers; or any other dissatisfaction or complaint
relating to the quality of the Travel Products provided by the Supplier;
any damage or loss to your personal property or personal injury
howsoever sustained or caused. Asia-Biking.com shall not be considered a
party to any transaction between you and any Supplier whether or not
Asia-Biking.com may have received some form of revenue or remuneration
in connection with such transaction or be liable for any costs or
damages arising out of, either directly or indirectly from you or any
other person involved or related to the transaction.
TRAVEL REQUIREMENTS It is your responsibility to obtain a visa
(where required) and other relevant travel document at your own costs.
Please ensure you have a valid passport for the duration of your trip.
If you require any further information on passport or visa requirements
please refer to the Web Site or contact our customer services department
FORCE MAJEURE Neither Asia-Biking.com nor the Supplier shall be
liable for damages of any kind arising out of changes to the rates,
route, timetable, itinerary in respect of the Travel Product due to
unforeseen circumstances or circumstances beyond our control.
In order for us to process your
booking/reservation request, you are required to provide details of your
credit card. Submission of your booking/request shall be deemed to be
IRREVOCABLE AUTHORIZATION by you for Asia-Biking.com to book the Travel
Product(s) immediately on your behalf and charge your credit card for
full payment upon receipt of the Supplier's confirmation of the
availability of your requested Travel Product(s). The balance payment
for these Travel Product(s) (if applicable) shall be charged to your
credit card by us. However, Asia-Biking.com will not automatically
charge your credit card and make a booking/reservation on your behalf
where there is a difference in the quoted rates.
48 hours of the submission of your request, you shall be notified on
the status of your request via email at your designated email address
provided as part of your registration with Asia-Biking.com. In the event
your requested Travel Product(s) is not available, you shall be
provided with suggestions of alternative Travel Product(s). There shall
be no fees charged on you nor shall we charge your credit card unless
you decide to accept the suggested Travel Product(s).
the above, there may be situations beyond our control where we may not
be able to notify you due to an incorrect or invalid email address or
due to technical problems. If for any reason whatsoever you do not
receive an email notification from us within 48 hours from the
submission of your request, you are solely responsible to immediately
check the status of your booking/reservation request at your
Asia-Biking.com personal folder or contact our customer service center
immediately. Please quote your booking/reservation reference number or
your user name when contacting us. For avoidance of doubt, the
submission of your booking/reservation request shall be an irrevocable
instruction and authorization by you to Asia-Biking.com to book the
Travel Product(s) on your behalf and arrange for their due payment in
accordance to the terms and conditions hereof AND you agree and confirm
that the non-receipt of an email notification by Asia-Biking.com for
whatsoever reasons shall not invalidate your booking/reservation request
nor render the request void in any way.
Travel Products offered on this Site are subject to availability and
acceptance, at the discretion of the Supplier of such product or
the event a Travel Product booked by you is not available,
Asia-Biking.com shall use its reasonable endeavors to suggest an
alternative product or service of similar pricing and quality.
the Travel Product is either not available or our suggested alternative
(where applicable) is not acceptable to you but is nevertheless fully
paid, we shall make a refund in accordance with our Refund Policy.
you fail to accept our suggested alternative Travel Product by the
specified deadline, we reserve our right to cancel our tentative booking
of the same.
2. CHANGES TO ITINERARY
the payment transaction has not been processed, you may make changes to
your itinerary without having to pay a service charge. However, your
balance will be adjusted if the changes involve upgrades or
supplementary products or services.
the package has already been paid in full, you can still make
amendments to your itinerary. Incremental payment, if any, will be
charged to your credit card.>
a package has already been paid in full and you would like to replace
it with another entirely different package, you will have to cancel the
first package and make a new purchase.
3. REFUND POLICY
the event you decide to cancel your booking/reservation, you may be
entitled to a refund depending on the current policy in force of
4. TRAVEL VOUCHERS
is your responsibility to ensure that the details on your travel
voucher are correct, accurate, and complete.