Terms of Use avitasea.com


avitasea.com welcomes you (the “Customer” or “you”) to its website (the “Site”). The terms "Golden Sand" or "we" refer to Golden Sand Company Ltd. The Terms of Use –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online reservations, customer service requests or otherwise. By accessing, browsing and using the Site and/or by making a reservation through Golden Sand, you acknowledge and agree having read, understood and agreed to the Terms of Use. Our different policies and guidelines, which can be found throughout the Site, including but not limited to, the Privacy Policy, Shop Safe Policy, Golden Sand Price Guarantee, Reservation Guarantee, Cancellation Policy, Refund Policy, FAQs, etc. (collectively the “Policies”), should be read in conjunction with and are an integral part of these terms and conditions and are hereby included by reference. The terms and conditions set out below and the Policies are collectively referred to as the “Terms of Use”. If you do not agree to the Terms of Use, please cease use of the Site immediately. The Terms of Use – as may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and the Golden Sand Companies with respect to their subject matters unless explicitly stated otherwise.

1. Scope of our Services

A. Accommodation

Through the Site, Golden Sand provides an online platform through which you can browse different types of lodging and temporary accommodation, including but not necessarily limited to hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, ryokans, etc. (collectively, the “Accommodation(s)”) and make reservations with such Accommodations. By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site, which shall become a binding contract when accepted by Golden Sand, which in turn means the reservation has been confirmed by the Accommodation. We will indicate the acceptance of your Accommodation booking via an e-mail confirmation (with a voucher for prepaid Accommodations). We reserve the right to reject bookings as set out below.

When rendering our services, the information that we disclose about Accommodations is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Accommodations, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). As such, the Accommodations or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Accommodation. Please note that Golden Sand is one of many channels Accommodations use to make their inventory available for reservation. When a search result indicates that a particular Accommodation has no more rooms available, that means the room type is not available for reservation through Golden Sand.

The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site. The Accommodations can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time. Under certain circumstances, Golden Sand may also offer Accommodations the option to get a sponsored listing, i.e. to pay for a top spot. Such sponsored listing will be marked or contain wording for clarity.

We reserve the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to: Accommodation request, breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations. In case a booking is rejected or cancelled by Golden Sand and a payment has already been made, you will receive a refund of the total booking value. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms.

In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. The booking or awarded points will be adjusted, or, where relevant, the amount charged will be reimbursed without charge in such cases. Whether to cancel or reject a booking for this reason is in Golden Sand’s sole discretion.

Please note that suspected group bookings can also be rejected or cancelled by Golden Sand or the Accommodation as most Accommodations have specific procedures for group bookings. Contact our Customer Service team for more information.

Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Accommodation know any special requests or requirements you have at check-in.

A word about star ratings

The Accommodation star ratings are provided for your information only. The star ratings are based on information we have received from our suppliers, including the Accommodations. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Site. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular city is not comparable to the same star rating in another city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer Service and inquire as to the availability of such amenities or features.

B. Other Ancillary Services

Golden Sand provides an online platform through which you can browse other services, including but not necessarily limited to transfers and activity. Although the Golden Sand Site provides the platform for which you can browse and make reservations for these Ancillary Services, the Ancillary Services are provided by Golden Sand associated companies or partners (“Partners”), which have been carefully selected by Golden Sand.

2. Use of the Site

Golden Sand grants you a limited, restricted, personal, non-transferable, non-sublicenseable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Golden Sand or its suppliers and providers, including the Accommodations and Ancillary Services. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Golden Sand and acknowledge that Golden Sand may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy.

Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Golden Sand.

By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.

If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.

3. Prices, Additional Charges and Golden Sand Price Guarantee

A. Prices and Best Price Guarantee for Accommodations

We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at an Accommodation. Should you find your Accommodation room reservation, with the same booking conditions, at a lower rate on the Internet after you have made a booking through us, we will match the difference between our rate and the lower rate under the terms and conditions of the Best Price Guarantee. For a claim to be valid under this guarantee, it must satisfy and be submitted in compliance with all relevant terms and conditions of our Best Price Guarantee.

Sometimes cheaper rates are available on the Site for a specific stay at an Accommodation for the same room type, however, these rates made by Accommodations may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions (see also section 6 below). For the avoidance of doubt, the Best Price Guarantee does not apply to Ancillary Services provided on the Site.

B. Additional Charges by Accommodations

Please note that all prices on the Site are for your Accommodation room reservation only and are for the requested stay dates and for the number of people indicated, unless indicated otherwise. The Accommodation room reservations rates are displayed per room and per night. Except where indicated otherwise, Golden Sand will typically display the rate exclusive of tax recovery and service charges (see below for more details) on the Site, and display these additional tax recovery and service charges during the booking path. Without prejudice to what is set out below, you will see the total inclusive price prior to confirming your booking. Display settings may vary, but this will at the latest show on the final booking page (before the confirmation screen). Please verify every step of your reservation on the booking form; you can discontinue the booking at any time prior to the final confirmation screen (please see below for post-booking cancellations). What is included in the rate is displayed on the Site (under the Accommodation information section or prior to the final booking confirmation) and/or in the confirmation email/voucher. Breakfast is typically not included unless explicitly stated otherwise. Hotel resort and other mandatory fees (see below) and certain local city, tourist or occupancy taxes (when applicable) that are required to be collected directly from guests, are typically not included in the rate unless stated otherwise. Please verify the Accommodation description or policies on the Site. Insurance of any kind is never included in the rates. The standard Accommodation room reservations are for single or double occupancy, extra beds will usually incur extra charges. The Accommodation may also refuse to accept additional persons if not duly informed in advance. Please note that certain Accommodations may charge you a so-called additional but mandatory “resort fee” (or similar) for the use of certain of their services. This resort fee is typically not included in the price, but it will be mentioned in the Accommodation description on the Site. You may also be charged directly by the Accommodation for energy surcharges, baggage handling fees, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees. The practice to add additional Accommodation fees is outside Golden Sand’s control and occurs in certain markets, including the USA. Needless to say, optional incidental fees and personal consumptions are almost never included, for example, parking charges, minibar charges, phone calls, room service, food & beverage, gala dinners, movie rentals, internet, etc.. During certain high season periods, certain Accommodations will add on a compulsory gala dinner (e.g. for New Year, Christmas, Chinese New Year,etc.). This is not included in the room rate, but will be displayed on the booking form. Please check the “Accommodation Information”, “Booking Conditions”, “Cancellation Policy” or similar wording on the Site. When in doubt whether something is included, you can contact our Customer Service team.

For certain Accommodations, a compulsory transportation or transfer fee will be charged on top of the room rate at the request of the Accommodation, or at your option where available. This is especially common for island destinations (e.g. the Maldives) where you need Accommodation transportation to reach the Accommodation. Please note that Golden Sand does not organize any Accommodation transportation, this is always organized by and offered by or on behalf of the Accommodation, who is responsible for such transportation services, not Golden Sand. Golden Sand does not assume any liability for the quality, safety, frequency or service levels of such transportation services. In some jurisdictions, the Accommodations are also required to directly collect a local bed or city tax from the guests. Governments have on occasion issued additional taxes and may ask the Accommodations to collect these directly. These charges, if applicable, will be payable by you to the Accommodation directly at checkout. Please verify with the Accommodation or Customer Service which extra fees are (not) included.

C. Additional Charges for Ancillary Services

Please note that all prices on the Site are for Ancillary Services are set by our Partners, unless otherwise indicated. Please refer to the appropriate Partner’s terms and conditions for any additional charges that may be applicable to your reservation (for example, airport tax).

D. Currency Conversion

Rates can be converted into different currencies for your convenience. Accommodation and Ancillary Service rates provided in a currency other than the currency displayed on the Site are converted to the displayed currency at a rate determined by Golden Sand, which may include a conversion and/or processing fee for certain currencies. The currency and amount you see displayed at the latest on the final booking page is the amount Golden Sand Companies will charge to your credit card. You may be given the option to pay in your credit card currency if it is different from the selected currency. In case of immediate payment, you will see the converted amount that will be charged to your card. In case of “Book Now, Pay Later” (see Section 5), you will see an estimate of the converted amount, which will only be charged at the exchange rate of the future payment date, meaning it could be different from the estimate. Your bank may impose additional fees on the transaction, over which Golden Sand Companies have no control. Please note that exchange rates fluctuate daily. For customers using Alipay or UnionPay for payment, please note that all charges will always be made in Chinese Yuan Renminbi (CNY/RMB) (amount as displayed) and that the USD amount displayed between brackets is for reference only. Certain credit cards do not accept payments in certain currencies, in which case an alternative currency (typically based on the country of the issuing bank) will be proposed in a new field. Please pay attention to the booking form fields prior to clicking the confirmation button.

4. Privacy

We respect your privacy. Please have a look at our Privacy Policy for further information.

5. Payment - Credit Card – Age - Fraud

For pre-paid Accommodation bookings with Golden Sand, your credit card will be charged by Golden Sand Companies for the full price (sometimes without any option for refund depending on the Accommodation’s booking conditions, see below) upon reservation and confirmation of the booking. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Golden Sand Companies will process refunds, if and when applicable, within a reasonable timeframe.

Certain credit card companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of Golden Sand Companies.

In the event of credit card fraud or unauthorized use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Golden Sand, please contact our Customer Service team immediately.

In order to make a booking you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.

You undertake that the details you provide us with in making a booking are fully correct. Golden Sand Companies reserve the right not to accept certain credit cards. Golden Sand may add or remove other payment methods at its discretion. For increased convenience, Golden Sand now also offers the option to have your credit card details securely stored on file. For more details, have a look at our Privacy Policy.

We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that an Accommodation could become fully booked during the fraud check, in which case the reservation will no longer be available. Golden Sand can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.

A word about failed payments

For a variety of reasons, payment on the Site may fail. In such cases, Golden Sand will offer you alternatives to ensure your reservation can go ahead. If you have any questions, please contact our Customer Service department.

6. Booking conditions - Cancellations, No-Shows, Early Departure and Late Check-Out – Specific Accommodation Policies - Special Needs – additional Golden Sand services or products

By making an Accommodation reservation on our Site, you accept and agree to the relevant Accommodation booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Accommodation that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Accommodation (the delivery terms and conditions of an Accommodation can be obtained with the relevant Accommodation). The general cancellation and no-show policy of each Accommodation is made available on the Site at the Accommodation information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Accommodation’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Accommodation carefully prior to making your reservation. If you fail to check in to your Accommodation on time on the day of your reservation and do not alert the Accommodation, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Accommodation. Regardless of the Accommodation’s cancellation policy, Golden Sand Companies reserve the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the Accommodation details thoroughly for any such conditions prior to making your reservation. Some Accommodations will charge extra for early or late check-outs.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, use our self-service tool or contact Customer Service.

Many Accommodations have specific policies around children, accompanying travelers and/or traveling with pets. As indicated above, you are strongly advised to check with Customer Service, the Accommodation itself or to verify the Accommodation policies.

Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the Accommodation and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by Golden Sand. Depending on the policy of the applicable Accommodation, your reservation will be refunded, canceled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.

7. Intellectual Property Rights - Trademark Notice

The mark “Golden Sand”, as well as certain local language transliterations thereof is a registered trademark of or licensed to Golden Sand and/or its affiliated companies in Thailand. Golden Sand owns the copyright to the Site. You may not use the Golden Sand intellectual property without our consent.

The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, and our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the Terms of Use.

Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by Golden Sand, its affiliated or associated companies, licensors, suppliers (including the Accommodations) or providers. Golden Sand does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.

You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

8. Reviews – Further correspondence - Rights to User Content – Other services

By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your stay at the Accommodation, followed by one or more reminders. Completion is optional. For clarity, the confirmation and guest review communications (emails, SMS) are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe (see our Privacy Policy for more details). For Ancillary Services, the Partner providing the Ancillary Service may invite you to complete a review regarding the Ancillary Services provided. The completed guest review (including attachments, if any) may be uploaded onto the relevant information page on the Site for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Accommodation. By posting a review and submitting content with it such as pictures, you grant Golden Sand the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Golden Sand reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. In addition, you represent and warrant that (a) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Site; (b) such content is accurate and not misleading; and (c) use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. You further grant Golden Sand the right to pursue at law any person or entity that violates your or Golden Sand's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.

Content submitted by users will be considered non-confidential and Golden Sand is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Golden Sand reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Golden Sand is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Golden Sand. Golden Sand shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Golden Sand Policies on the Site for more details.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Golden Sand or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Golden Sand , and its licensees, successors and assigns, from any claims that you could otherwise assert against Golden Sand by virtue of any such moral rights.

10. Complaints

If you have complaints about Golden Sand’s service, you can contact our Customer Service team via one of the methods described here. We will do our very best to help you. Please note that any complaints about the Accommodation (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Accommodation itself. Golden Sand will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. Complaints about Ancillary Services are governed by the terms and conditions of the Partner providing the Ancillary Service.

11. Legal

Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. Golden Sand COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Golden Sand COMPANIES DISCLAIM ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Golden Sand COMPANIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Golden Sand COMPANIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

Golden Sand COMPANIES ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Golden Sand COMPANIES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (a) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (b) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (c) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Accommodation’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services available through the Site. Golden Sand Companies do not guarantee continuous access without interruption to the Site.

The liability of Golden Sand Companies is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Use, the liability of Golden Sand Companies, in the aggregate, shall in any event not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency). Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void. Only bona fide claims will be considered.

Miscellaneous

Golden Sand Companies do not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation services and welcoming people who have booked through the Site as their guests.

You agree to indemnify and hold harmless Golden Sand Companies from and against any liability, damage or loss including legal fees and expenses that Golden Sand Companies incur or suffer as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Golden Sand Company harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.

You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Golden Sand Companies cannot be held liable in case an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.

For your convenience, the Site and the Terms of Use exist in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.

The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

Golden Sand reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Golden Sand shall not be liable to you or any third-party for any termination of your access to the Site. Golden Sand reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate.

For the avoidance of doubt, the Terms of Use do not apply to commercial contractual relationships Golden Sand Companies may have with others, including but not limited to the Accommodations and certain marketing partners.

The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Thailand without reference to Thailand conflict of laws rules, and any dispute arising out of the Terms of Use and the services of Golden Sand Companies shall exclusively be submitted to the competent courts in Thailand.

Failure by Golden Sand Companies to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions.

Last updated july 2017

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