User Agreement

Introduction and Acceptance User Obligations Representations Warranties Intellectual Property Rights Disclaimer Limitation of Liability Acknowledgement Force Majeure Restriction / Cancellation of Service

Indemnity Links to Third Parties Variations Severability Relationship between the Parties Additional / Specific Terms and Conditions Modification Entire Agreement Governing Law

  

1. Introduction and Acceptance

This User Agreement ("Agreement") is made between E-Able Co., Ltd. ("AirTourHotel.com") which owns and operates the online travel booking services with the URL: http://www.AirTourHotel.com hereinafter call ("the Online Booking") and you who access and/or visit or cause to access and/or visit web site AirTourHotel.com hereinafter call ("you/your").

Your usage, access, visits, or shopping at AirTourHotel.com 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 Online Booking service. Your usage, access, visits or shopping via our Online Booking 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 the Online Booking.

2. User Obligations

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3. Representations Warranties

You fully represent and warrant that:

• you are of sufficient legal age to use the Online Booking 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 the Online Booking;

• all information supplied by you in using the Online Booking are complete, true and accurate;

• you 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.

4. Intellectual Property Rights

The Online Booking and all content on the Online Booking ("the Content") including without limitation, information, text photographs, images, graphics, software is the property either of AirTourHotel.com and/or Service Providers and/or their third party providers, fulfillment providers, airlines, other travel products and services suppliers or independent supplier(s) hereinafter call ("Suppliers") or the party credited as the provider of such Content and contain herein the AirTourHotel.com and/or the Service Providers and their licensees’ and licensors’ name, trademarks, service marks, and trade names. The AirTourHotel.com and/or Service Provider and their Suppliers own copyright in the complication (meaning its selection, collection, coordination, arrangement, assembly and enhancement) of the Content.

All other product and service marks contained herein are the trademarks of their respective owners and may not be used without the prior written consent of their owners. All rights not expressly granted herein are reserved. This clause shall survive any termination of this Agreement.

The Content is intended solely for your personal, non-commercial use. You may not copy, print, reproduce, re-engineer, 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.

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5. Disclaimer

The information, Software, Products and Services published on the Online Booking and/or web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The AirTourHotel.com may make improvements and/or changes to this Online Booking and/or website at any time.

The use of the Online Booking is made solely at your own risk. The Online Booking (including all the products and services) are provided on an “as is” basis without warranties of any kind and you assume total risk and responsibility for your use of the Online Booking.

To the maximum extent permitted by law, the AirTourHotel.com and/or the Service Provider assume no responsibility whatsoever and howsoever and specifically disclaims all warranties, express or implied, in respect of the Online Booking including, but not limited to, merchantability, fitness for a particular purpose, accuracy, completeness, expectation of privacy, non-infringement of intellectual property or other proprietary rights or compatibility between the Online Booking, the Web Site and any software or hardware.

AirTourHotel.com is not, and shall not be, liable for any slanderous, offensive, infringing or illegal material of any third party, if any, and AirTourHotel.com reserves the right to remove such materials from the Online Booking without any liability whatsoever. The information contained in the Online Booking is subject to change without notice.

AirTourHotel.com neither warrants nor makes any representations regarding the accuracy or completeness, quality or adequacy of the Online Booking or of any of the data or information contained in the Online Booking or that the use of the Online Booking will be timely, uninterrupted, secure or error-free or that any information, data, content, software or other material accessible through the Online Booking will be free of bugs, viruses, worms, Trojan horses or other harmful components. AirTourHotel.com will not be responsible for any loss resulting from your reliance on any information provided on the Online Booking.

All terms, representations, conditions and warranties (whethers implied or made expressly), relating to the web site and the online booking or connected services to the extent permitted by any applicable law, are hereby excluded.

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6. Limitation of Liability

AIRTOURHOTEL.COM 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 THE ONLINE BOOKING OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL AIRTOURHOTEL.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

• ANY USE OF THE ONLINE BOOKING OR CONTENT FOUND HEREIN,
• ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE ONLINE BOOKING FOR BOOKING/RESERVATIONS OR TICKETING), OR
• THE PERFORMANCE OR NON PERFORMANCE AIRTOURHOTEL.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS,

EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. Notwithstanding anything contained in this Agreement, the liability of AirTourHotel.com and/or its Services Provider, Suppliers and their officers, directors, employees and agents shall in no event exceed, in the aggregate, US$100.

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7. Acknowledgement

Your acceptance of the entire terms and conditions as set out in this Agreement is fundamental elements of the basis of the bargain between you and AirTourHotel.com and you agree that AirTourHotel.com would not otherwise be able to offer the products and services on its present basis without your acceptance of such terms and conditions. This clause shall survive any termination of this Agreement.

8. Force Majeure

AirTourHotel.com shall not be liable for damages of any kind arising out of any failure or delay by AirTourHotel.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 such as earthquakes, typhoons, flood, natural disaster or fire, strikes, dangers incidental to sea, land and air travel, government action, compliance with any laws, regulations or orders, civil war, industrial disputes, power failure, hardware and or system failure, malfunction or breakdown, failure of internet transmission or links, system hacking, software contamination, or corruption, howsoever caused.

9. Restriction / Cancellation of Service

AirTourHotel.com may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of the Online Booking 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 the Online Booking, and remove and discard any Content within the Online Booking, without being required to give any reasons or advance notice to you. Further, you agree that AirTourHotel.com shall not be liable to you or any third-party for any termination of your access to the Online Booking.

10. Indemnity

You shall indemnify and keep AirTourHotel.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 AirTourHotel.com arising from your use of the Online Booking and/or any breach of any term or condition by you.

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11. Links to Third Parties

The Online Booking may contain hyperlinks to web sites operated by third parties. The inclusion of hyperlinks to any such web sites does not imply AirTourHotel.com's endorsement of such web sites nor any association with their operators. AirTourHotel.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. The Online Booking also may contain advertisements by third parties. Unless otherwise specifically stated on the Online Booking, 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 which appear on the Online Booking.

12. Variations

AirTourHotel.com reserves the right to change the terms, conditions, and policies under which AirTourHotel.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 the Online Booking shall constitute your acceptance of the terms and conditions, as modified.

13. Severability

Any 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.

14. Relationship between the Parties

No joint venture, partnership, employment or agency relationship exists between you and AirTourHotel.com as a result of this Agreement of your use and/or access, visit or shopping at the Online Booking.

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15. Additional / Specific Terms and Conditions

Additional terms and conditions and policies posted on the Online Booking may apply to your bookings/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.

16. Modification

AirTourHotel.com may at any time modify these terms and conditions without notice to you and your usage of the Online Booking shall be conditioned upon the terms and conditions in force at the time of your use.

17. Entire Agreement

This 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.

18. Governing Law

This 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 Thailand.

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