CYCLING
TOURS TERMS & CONDITIONS
1.COMPLETION
OF CONTRACT
A contract is being completed between
you and Phuket Cycling Thailand (PCT.) by inscribing yourself. The terms of the
business of PCT are the basis of this contract. The person inscribing will be held
responsible for the liability of all person inscribed by him.
2.SERVICES
Our services are being described
within the present website. Any special requests or side agreements will only
be part of the contract if confirmed unconditionally by PCT in written form.
3.PAYMENT
Upon receiving PCT’s booking
confirmation, you will have to make a down payment of 30% of the amount due.
The rest has to be paid 6 weeks ahead of the starting date of your trip. If the
payment has not been made on time, PCT may deny the booked services and claim
processing fees.
PAYMENT OPTIONS
Bank Transfer Information
|
Payee: |
Phuket Cycling
Thailand Co., Ltd. |
|
Address: |
394 Patak Road, Karon,
Phuket, Thailand 83100 |
|
Bank: |
Siam Commercial Bank
PCL 285,287,289 Patak rd .Karon ,Phuket ,Thailand 83100 |
|
Account Number: |
798-230079-8 |
|
SWIFT code: |
SICOTHBK |
4.WITHDRAWAL
BY TRAVELER
The
traveler’s withdrawal will take effect after a written withdrawal declaration
has come in at PCT. The following cancellation fees will be charged:
·
90 days before starting
the tour: Admin expenses (Bank fees, any costs caused by cancellation)
·
60 to 89 days before
starting the tour: Deposit paid
·
45 to 59 days before
starting the tour: 50% of tour price
·
15 to 44 days before
starting the tour: 70% of tour price
·
0 to 14 days before
starting the tour: 100% of tour price
By paying a fee of THB 5,000 you may
change your booking to a person replacing you up to 14 days before starting the
trip. In addition to this person, you will remain fully liable for paying the
full travel price towards Phuket Cycling Thailand.
5.CHANGE
OF RESERVATION
There
is no legal right to make changes with respect to the date of the journey and
the destination after concluding the contract. If changes of reservation are
possible and Phuket Cycling Thailand. agrees to them, the following
cancellation fees will be charged. You have to alert us to this change in
writing.
·
59 to 45 days before
departure: THB 10,000
·
15 to 44 days before
departure: THB 15,000
6.CHANGE
OF PROGRAMME AND/OR PRICE
PCT. reserves the right to change the
catalog of services and prices/rates before your booking. If this is the case, PCT.
will duly inform you before the completion of the contract. Any increase in
prices and rates may be necessary for the cost of transport or the hotel rates
increase, or if the currency exchange rate is modified.
7.MINIMUM
NUMBER OF PARTICIPANTS
All offered trips will take place at a
minimum number of 4 participants. If this number is not reached, PCT. may
cancel the trip until 14 days before its starting date.
8.CANCELLATION
PCT. is entitled to cancel the trip if
by your acts or omissions you are creating a justifiable cause. In this case, PCT.
will refund the traveling price paid.
9.YOU
ARE STARTING A TRIP BUT CANNOT FINISH IT
If due to any reason you abandon a
trip ahead of time, no refund can be made.
10.CHANGES
OF PROGRAMME, FAILURE OF SERVICE
If during the trip a change of program
has to be made ( e.g. due to weather conditions) that affects a considerable
part of the planned trip, PCT. will refund the possible difference between the
agreed travel price and this of the services adduced.
11.FORCE
MAJEURE
Any events of force majeure such as
riots, catastrophes, epidemics, etc. may cause PCT. to cancel the trip. In such
a case PCT. will inform you as soon as possible.
12.TRAVEL
CANCELLATION INSURANCE
A travel cancellation insurance is not
included in PCT tours. Such an insurance may be contracted with any travel
insurance company.
13.LIABILITY
PCT is liable within the limits of its
obligation to exercise diligence for all specified services. The traveler takes
part in the trip at his own risk. Particularly, the traveler is responsible for
his state of health, his road behavior, the observance of the traffic
regulations and all other local regulations regarding traffic. In no case, PCT
may be held liable for any physical or material damages, that the traveler may
suffer or cause by practicing cycling, even when riding in an PCT’s group or
with a guide.
14.COURT
OF JURISDICTION
The Court of Jurisdiction is in
Thailand.
BIKE
RENTAL TERMS & CONDITIONS
15.
CONTRACTUAL PARTNER AND CONTRACT DURATION
The contractual
partners are the lessee (hereinafter referred to as “lessee”) and Phuket
Cycling Thailand Co. Ltd. (hereinafter “lessor”). With the
receipt of a rental bike from the bike park (hereinafter “bike”) arises a
contract between lessee and lessor. These rental conditions apply to the rental
of bicycles and the resulting rights and obligations. The lessor is obliged to
provide the lessee with a bicycle that is usable and roadworthy for the
duration of the contract. The lessee is obliged to pay the total rental price
upon conclusion of the contract. The prices valid at the time the contract was
concluded apply ( See phuketcyclingthailand.com )
15.2 DURATION OF CONTRACT AND LIABILITY FOR DEFAULT
The rental agreement for the bicycle
is closed for a specific period of time. After consultation and availability,
the bike can be picked up the evening before at the Shop. If the return is
delayed, the rental contract will not be extended. The lessee does not give the
bicycle to the lessor at the end of the agreed rental period – even through no
fault of his own back, the latter is entitled to claim compensation for use for
the duration of the withholding To demand payment at least in the amount of the
previously agreed rent. The assertion of further damage is not excluded if the
lessee is responsible for the delay.
15.3 EARLY RETURN
If a lessee returns the bicycle before
the contractually agreed end of the rental period, he is not entitled to a
refund of the difference. The right to extraordinary termination for important
reasons remains unaffected.
15.4 DEFINITION OF WEEKLY RENT / DAILY RENT
The prices are staggered by the day.
For 1 to 7 days the basic daily rate will be charged. There are the following
discount scales: 8-14 days, 15-21 days, more than 22 days, and vary from model
to model (see phuketcyclingthailand.com)
16. USE AND RETURN OF THE BICYCLE / NOTIFICATION OF DAMAGE AND OTHER OBLIGATIONS
16.1. CONDITION
BIKE AND UNAUTHORIZED USE
The Lessor shall make
the bicycle available to the Lessee in a professional, usable and roadworthy
condition and cleaned. The lessee is obliged to use the bicycle carefully and
professionally and to observe the traffic regulations. The lessee is prohibited
from using the bicycle under the influence of drugs and alcohol. The lessee is
not permitted to make modifications or other interventions on the bicycle. The
lessee may make additions (e.g. triathlon attachment) at his own risk.
16.2 DISCLOSURE
REQUIREMENTS
If damage occurs
during use, whether through fault or without fault, the lessee shall notify the
lessor of this damage immediately. The lessee is obliged to inform the lessor
of all the details of the damage. If damage means that the bicycle is no longer
usable, the lessor will provide the lessee with an equivalent bicycle as a
replacement. Liability according to Section 3 remains unaffected.
16.3 EXCHANGE
If the bicycle is
exchanged, the lessor is entitled to charge a fee of 300 THB, unless the
exchange is based on a defect that was already present at the time of delivery.
If you change to a higher price category, the difference is due pay. If you
change to a lower category, there is no right to a refund of the difference.
16.4 OBLIGATION
TO REPORT THEFT AND ACCIDENTS
In the event of theft
or a traffic accident, the lessee must immediately inform or call in the police
with the help of the lessor and inform the lessor. Otherwise, the lessee shall
be liable to the lessor for any damage resulting from the violation of this
obligation.
16.5 RETURN
The lessee is obliged to return the bicycle after the end of the rental agreement in the same condition in which it was handed over, apart from normal dirt. Bikes must be returned before 7pm on the last day of rental at the shop.The final cleaning fee of 200.00 THB will be added to the rental price at the time of booking.
17.
LESSEE’S LIABILITY FOR DAMAGE AND LOSS
17.1 GENERAL
LIABILITY OF LESSEE
The lessee is liable
for all personal injury and damage to property, including accident and
liability damage as well as for negligent, grossly negligent and intentional
damage Act. The lessee is liable to the lessor for damage, loss and/or breaches
of other contractual obligations during the rental period. If, as a result of
damage to the bicycle for which the lessee is responsible, there is a specific
rental loss due to a longer repair, the lessee is liable for each repair day
(guide price extension day according to discount scale). In case of destruction
of liability is based on the current price of the corresponding rental bike in
accordance with the lessor’s current sales price list. The rent paid by the
lessee will be deducted from the list price. In the event of intentional or
grossly negligent damage, the lessee is particularly liable for repair costs
and spare parts. Further damages remain unaffected.
17.2 LIABILITY
FOR THEFT
The lessee is also
liable to the lessor for theft or any other loss of the bicycle. In the event
of theft or loss, the lessee is liable up to the amount of the current price on
the lessor’s sales list. The rent paid by the lessee will be deducted from the
list price. This limitation of liability does not apply if the lessee caused
the damage intentionally or through gross negligence.
17.3
REIMBURSEMENT OF LIABILITY
If the bicycle is
found again after it has been stolen, the lessor will reimburse the lessee for
the liability amount in accordance with Section 17.2 provided that the bicycle
is still in a condition in which the lessor can continue to rent it out at its
reasonable discretion. The lessor exercises reasonable discretion from the
point of view of a specialist and, if necessary and as a gesture of goodwill,
informs the lessee of the basis of the decision.
17.4 EXCLUSION OF
LIABILITY OF THE LESSEE (“BICYCLE INSURANCE”)
Claims by the lessor
in the event of accidental damage can be excluded by the lessee for an
additional fee (for prices, see phuketcyclingthailand.com). Claims for accidental
damage are only excluded if they are not based on intent or gross negligence on
the part of the lessee.
17.5 ADDITIONAL
EQUIPMENT
All bikes are
equipped with a speedometer, mini pump and a tube bag with a tube and two tire
levers. Missing parts must be paid for by the lessee when returning the bike
according to the price list.
17.6 COLLATERAL
The lessee presents
the lessor with a valid identification document (passport, identity card, ID)
when picking up the bicycle.
18.
GENERAL PROVISIONS AND APPLICABLE LAW
18.1 WRITTEN
FORM, COMPLETENESS AND SEVERABILITY CLAUSE
The contract must be in writing. Changes or additions to the
contract must also be in writing. Oral side agreements exist not. The legal
ineffectiveness of individual parts and provisions of these General Rental
Conditions does not affect their validity in other respects.
18.2 CHOICE OF
LAW AND VENUE
The provisions of
this contract are governed by Thai law. The courts at the Lessor’s registered
office have exclusive jurisdiction for all disputes arising from or about this
contract.
18.3 ON BILL
Offsetting against the lessor’s claims is only permitted with undisputed or legally established claims of the lessee.