Service Agreement (User Agreement)

This Service Agreement (hereinafter shall be referred to as the “Agreement”) is entered into by and between A.M. Agency Co., Ltd. (Reg. No.: 0835560001069), registered and acting under the legislation of the Kingdom of Thailand, with its office at: 163/102, Moo. 2, Koh Kaew subdistrict, Mueang Phuket district, Phuket province, Thailand (hereinafter shall be referred to as the “Company”), and you (hereinafter shall be referred to as “you” and/or the “Client”), who use this website (hereinafter shall be referred to as the “Company’s website”) to access services mentioned below (hereinafter shall be referred to as the “Services”).

The definition of the “Client” also includes any and all dependents (wards) of the user of the Company’s website and/or the Services.

The Company and the Client hereinafter may be referred to separately as the “Party” and collectively as “Parties”.

By accessing and using the Company’s website, the Client confirms that s/he is a legal age in accordance with the applicable legislation of the Kingdom of Thailand (20 years).

By accessing and using the Company’s website, you agree to be bound by the following terms and conditions.

Please read this Agreement carefully before using the Services.

1. The Scope of Services
   The Company provides a platform for searching, selecting, and booking the following services:

• Hotels;
• Yachts;
• Villas;
• Cars (for rental);
• Other services.

• The Company acts solely as an intermediary to facilitate the connection between the Client and third-party service providers, such as hotels, yacht rental companies, villa owners, car rental companies, tour operators and/or their agents (hereinafter shall be referred to as the “Service Provider”). By using the Company’s website, the Client understands and accepts that the Services will be governed by this Agreement as well as by the relevant agreement(-s) with the Service Provider.

2. The Client’s Data

By accessing and using the Company’s website and/or the Services, the Client allows the Company to collect, store, and processing personal information and any other data provided by the Client in order to use the Company’s website and/or the Services (hereinafter shall be referred to as the “Client’s Data”). Moreover, by providing the Client’s Data, you understand and allow the Company to use the Client’s Data in order to provide the Services, including but not limited to transfer the Client’s Data to the Service Provider, in order to fulfil the obligations assumed under this Agreement and any other agreements. In such cases, the Client’s Data shall not be deemed as confidential information and shall not require consent of the Client for its further distribution and/or transfer to the Service Provider. The Company shall not be responsible for lost, stolen and/or otherwise distributed information that occurred due to actions or inactions of the Service Provider.

3. The Responsibility of the Service Provider
   • The Company acts exclusively as a platform for searching, selecting, and booking services. However, the Company does not provide the actual services (e.g., hotels, yachts, villas, car rentals, etc.). Therefore, the responsibility for the quality, timeliness, availability, and provision of the actual services lies with the Service Provider only, regardless of whether a written agreement has been concluded by and between the Client and the Service Provider directly.
   • Any issues, complaints, or claims related to the actual services that were booked by the Client through the Company’s website should be directed to the relevant Service Provider. The Company shall not be liable for any failure or deficiency in service caused by the Service Provider.
   • The Client understands and agrees that in the event of loss or theft of personal belongings, documents, money, and other property, as well as in the event of any kind of accidents, including but not limited to: personal injury or death during the provision of actual services, all liability falls on the Client and the relevant Service Provider.
   • The Company shall not be held responsible for any incidents or claims arising from lost, theft, accidents, injuries, or death and related expenses while using the actual services booked through the Company’s website.
   • The Company shall not be liable for the actions or omissions of the Service Providers, violations of the rules for the provision of actual services and/or the legislation of the Kingdom of Thailand by the Service Providers, including, but not limited to: the availability of properly executed licenses, insurance, holding documents as collateral or any other reason by the Service Provider, refusal of the Service Provider to return the deposit and/or other payments, etc.
   • The Client acknowledges and agrees that any changes, delays, or cancellations of actual services booked via the Company’s website must be handled directly with the relevant Service Provider.
   • The Company shall not be liable for any fees, penalties, or other charges arising from changes, delays or cancellations made by the Client or the relevant Service Provider.
   • All cancellation policies and terms related to refunds or rebooking shall be subject to the policies of the relevant Service Provider.

4. The Client’s Responsibility
   • The Client shall be solely responsible for the selection of the actual services, including but not limited to: hotels, yachts, villas, cars, etc.
   • The Client shall be solely and fully responsible for reviewing the terms and conditions of the Service Providers before making a booking of the actual services.
   • The Client is advised to purchase the necessary insurance to cover unforeseen circumstances, including but not limited to: injuries, loss of the property, damages, death, etc. The Client acknowledges and accepts that the decision to accept or decline insurance coverage (such as, for example, travel insurance, insurance for yachts or car rentals, etc.) shall be the Client’s personal responsibility. The Company does not promote, provide, or sell any kind of insurance and shall not by liable for any losses, damages, injuries, and death arising from the Client’s refusal or failure to secure appropriate insurance for whatever reason.
   • The Client shall be solely and fully responsible for ensuring that s/he has all documents required by the applicable legislation of the Kingdom of Thailand necessary for using the actual services provided by the relevant Service Provider, including but not limited to a driver’s license, that are duly executed and valid.
   • The Client shall be solely and fully responsible for the decision to use the actual services by his/her wards, including but not limited to children, and the Company shall not be liable in any way for harm caused to the health or life of the Client’s wards.
   • The Client shall be solely and fully responsible for the compliance by the Client and his/her wards with safety regulations, fire safety regulations and any other regulations established by the Service Provider.
   • The Client shall be solely and fully responsible for the correctness and completeness of all information provided by the Client.
   • The Client shall be solely responsible for ensuring timely and complete payment for all actual services booked through the Company’s website and the Company shall not be responsible for any payment disputes, refusals, or delays.
   • The Client shall not be entitled to assign his/her rights and obligations under this Agreement to a third party without obtaining written consent of the Company and the Service Provider (as the case may be).

5. Disclaimer
   • The Company does not guarantee the availability, timeliness, pricing, or quality of services listed on the Company’s website.
   • The Client acknowledges that the information presented on the Company’s website is provided by the relevant Service Provider, and the Company makes no warranties or representations regarding the accuracy, completeness, or reliability of such information.
   • The Company does not endorse any specific Service Provider or product (service) and shall not be responsible for any actions, omissions, or misconduct by the Service Provider.
   • The Company shall not be liable for any failures in the operation of the Company’s website caused by the lack of internet or any other reasons that are not the fault of the Company, as well as for failures that occurred during technical work on the Company’s website.
   • The Company’s website may contain (or the Client may be sent through the Company’s website) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, security, availability or completeness by the Company and the Company shall not bear any responsibility for such links and/or banners and/or websites.

6. Force-majeure

The Company shall not bear any responsibility to the Client, the Service Provider and/or any third-party and shall not be deemed to have defaulted under or breached this Agreement for any failure or delay in fulfilling or performing any terms and conditions of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the Company’s control, including but not limited to the following events (hereinafter shall be referred to as the “Force Majeure Events”):

• acts of God;
• a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations);
• adverse weather conditions;
• epidemic or pandemic;
• war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
• government order or law;
• actions, embargoes, or blockades;
• action by any state bodies, including the courts of the Kingdom of Thailand;
• national or regional emergency;
• strikes, labor stoppages or slowdowns or other industrial disturbances;
• shortage of adequate power or transportation facilities.

7. Governing Law and Dispute Resolution
   • This Agreement shall be governed by and construed in accordance with the applicable legislation of the Kingdom of Thailand.
   • In case of breaching the conditions of this Agreement the breaching Party will be responsible in accordance with the applicable legislation of the Kingdom of Thailand.
   • Disputes and disagreements between the Parties in connection with this Agreement shall be resolved by negotiations between the Parties by sending written claims. The pre-trial claim procedure for resolving a dispute shall be mandatory for all Parties. The time for the consideration of the claim is 30 (Thirty) days.
   • Any dispute, controversy or claim which may arise out of or in connection with this Agreement, or the execution, breach, termination, or invalidity thereof after taking the measures specified in clause 7.3. hereof shall be settled by the relevant court of the Kingdom of Thailand.

8. Amendments to this Agreement
   • The Company reserves the right to modify, amend, or update this Agreement at any time without prior notice. Any amendments shall be effective immediately upon posting on the Company’s website.
   • It shall be the Client’s responsibility to review this Agreement periodically for any changes. By continuing to use the Company’s website and/or the Services after changes are posted, the Client agrees to be bound by the revised terms and conditions.

9. Miscellaneous provisions
   • This Agreement contains the entire agreement of the Parties hereto. This Agreement and all its additions, amendments or revision supersede all prior agreements, statements, contracts and correspondence, verbal or written between the Parties hereto including all brochures, published or unpublished advertising, promotion and/or any materials places on the third-parties websites concerning the Services.
   • Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law of the Kingdom of Thailand, but if any provision shall be invalid or prohibited there under, such provision shall be ineffective only to the extent of such prohibition, without invalidating the remainder of such provision or the remaining provisions of this Agreement which shall remain in full force and effect.
   • Headings at the beginning of each article and sub-article are solely for the convenience of the Parties and shall not be deemed as a part of and shall not be used to interpret this Agreement, the singular form shall include plural and the masculine shall include the feminine and vice versa.

10. Contact Information

For any questions, comments, or concerns regarding this Agreement or the Services, please contact us at:

• Company name: A.M.Agency Co., Ltd.
• Company address: 163/102, Moo. 2, Koh Kaew subdistrict, Mueang Phuket district, Phuket province, Thailand.
• Company Phone Number: +66 6 3674 2541
• Company Email: info@phuket-concierge.com

11. Acknowledgment

By using the Services and/or the Company’s website, you confirm that you have read, understood, and agreed to the terms and conditions outlined in this Agreement. If you do not agree to these terms, you should refrain from using the Company’s website and the Services.