General Terms and Conditions
These General Terms and Conditions are subdivided into:
III. General Terms and Conditions of the Supplier of tours and other tourist services
Terms of Service
Filcotravel.com is a hotel and flights search engine and offers users information about different
types of accommodation (such as hotels, holiday homes, etc.), Flights, and services associated
Services and Contract
On the filcotravel.com website, you have the ability to compare third party services ( hotels / flights ) via the system.
Users have the possibility of booking the selected hotel through a direct connection to the hotel booking sites or other third parties. As a result, the booking will be made directly on the hotel booking site or other third party sites and not on Filcotravel.com site. In such cases, Filcotravel.com is not the travel operator or the contractual party for the user, but only an agent providing the technical connection to the hotel booking site of a third party. By making a booking on the website of the third party, users agree to be bound by the terms and conditions of that booking site. These terms and conditions can be viewed on the website of the third party. Once a booking is made on the website of a third party, a contract is concluded between the booking site and the user, and therefore no contract is concluded between the user and Filcotravel.com . Filcotravel.com is no contractual party to the hotel booking and all and any claims of the user under the hotel reservation are to be asserted against the third party (the booking site) and not against Filcotravel.com.
Users have the possibility of booking the selected flights through a direct connection to the flight booking sites or other third parties. As a result, the booking will be made directly on the flight booking site or other third party sites and not on Filcotravel.com sites. In such cases, Filcotravel.com is not the travel operator or the contractual party for the user, but only an agent providing the technical connection to the hotel booking site of a third party. By making a booking on the website of the third party, users agree to be bound by the terms and conditions of that booking site. These terms and conditions can be viewed on the website of the third party. Once a booking is made on the website of a third party, a contract is concluded between the booking site and the user, and therefore no contract is concluded between the user and Filcotravel.com . Filcotravel.com is no contractual party to the flight booking and all and any claims of the user under the flight reservation are to be asserted against the third party (the booking site) and not against Filcotravel.com.
This agreement is not affected by any other agreements between the hotel and users or the airlines and users or any other third party and user.
1. Who operates this website?
This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the "Website") is provided by Filco Travel & Tours Limited, 87/61 Sukhuvmit Soi 63, Bangkok 10110, Thailand You can contact us by email (email@example.com) or by phone using these numbers:
Bookings through the Platform are subject to the General Terms and Conditions of Filco Travel & Tours Limited as well as the General Terms and Conditions of the Supplier of tours and other tourist services
3. No offer
The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the filcotravel.com Platform and the supplier's acceptance of the booking request according to the General Terms and Conditions of Filco Travel & Tours Ltd.
4. No warranty
filcotravel.com tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Filcotravel.com may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. Filcotravel.com does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Filcotravel.com does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
5. Limitation of liability
5.1. Filcotravel.com excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law.
5.2. Filcotravel.com is not liable for the accuracy, quality, completeness, reliability or credibility of content provided by users and/or booking sites. In particular, there is no advice or information from Filcotravel.com regarding the selection of accommodations.
5.3. All agreements that arise through this service are between the Filcotravel.com user and the respective external contracting booking site. The terms and conditions of the respective organiser or travel agency apply exclusively, especially regarding the right to cancel and to withdraw. The contact for the processing of bookings and payments, as well as questions about the contract, is the respective contracting booking site. Filcotravel.com remains uninvolved in such contractual arrangements, agreements and claims between the Filcotravel.com user and the respective external contracting booking site.
5.4. Filcotravel.com does not verify the accuracy of content uploaded by booking sites . This content is provided by booking site for publication on our website with reference to the respective property, airlines, service provider. Filcotravel.com has no influence on this information (in particular images, comments, reviews, etc.). The publication of user-generated content and reports on Filcotravel.com does not reflect the opinion of Filcotravel.com, in particular, Filcotravel.com does not claim this content as its own.
5.5. In particular, hyper links, advertising banners, information about accommodations, travel destinations or providers and the like are provided by booking sites and Community members and third parties do not represent recommendations or information from Filcotravel.com. For technical reasons, no updating of the prices we receive from booking sites are done in real time. Therefore it is possible that the price that appears on the booking site does not correspond to the price specified on the Filcotravel.com sites. Filcotravel.com does not guarantee the accuracy of information, in particular prices and availability.
5.6. Filcotravel.com is not liable for technical malfunctions for which the cause is not within Filcotravel.com ‘s sphere of responsibility or for damages caused by force majeure. Filcotravel.com does not guarantee uninterrupted availability of data and may perform technical maintenance during a freely chosen time period.
6. Third party content, links to other websites
Filcotravel.com does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Filcotravel.com does not recommend or endorse such content, and will not have any liability relating to it. Where Filcotravel.com links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to firstname.lastname@example.org .
7. Intellectual property rights
As between you and Filcotravel.com, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
9. Applicable law and jurisdiction
The law of the Kingdom of Thailand shall apply. For business persons or individuals that do not have general jurisdiction in Kingdom of Thailand , Bangkok applies as the place of jurisdiction.
1.1 Filco Travel & Tours Limited, 87/61 Sukhuvmit Soi 63, Bangkok 10110, Thailand runs an intermediary Platform for tourist offers in the form of an online offer via the internet and apps (hereinafter jointly referred to as the “filcotravel.com Platform”). On the filcotravel.com Platform users have the chance to find and book tours, activities and experiences all over the world. The online offer comprises guided tours, cooking courses, sightseeing tours by bus, river barge trips, tickets for entry to sightseeing locations and other services. The offers are placed online by a range of local Suppliers around the world (hereinafter referred to as “Suppliers”) with whom the respective contract for tourist services is concluded (“service agreement”). The Suppliers’ services can be accessed via the filcotravel.com Platform and bookings can be made.
1.2 Filco Travel & Tours Limited approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities
b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract
c. The “user” denotes a natural person, unless this person has been explicitly registered with Filco Travel & Tours Limited as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.
2.1 The use of filcotravel.com Platform’s offer can generally be done anonymously.
2.2 Certain types of use of filcotravel.com Platform, such as the making of bookings, payment , require registration. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with filcotravel.com is only concluded once a confirmation is sent to the e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.
2.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.
3. Services of /Conclusion of contract
3.1 Once the user has entered his/her desired service on the filcotravel.com Platform (e.g. travel destination, type of tour, start time, number of participants & price options), filcotravel.com shall show the user the information about the Suppliers’ services (“service information“). Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred user.
3.2 The user is bound to his/her binding offer for five working days.
3.3 filcotravel.com shall notify the user of the conditions of transport and business of the Supplier for their contractual relationship with the user and for their services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.
3.4 filcotravel.com shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. The use of the filcotravel.com Platform itself is essentially free of charge for the user. The costs for the technical access to the filcotravel.com Platform (e.g. internet access) are to be borne by the user. Filco Travel & Tours Ltd is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.
3.5 Filco Travel & Tours Ltd shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier.
3.6 Filco Travel & Tours Ltd assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which Filco Travel & Tours Ltd cannot check in detail.
4. Payments on Filcotravel.com
4.1 The service agreement concluded shall apply to the fees to be paid by the user for the services .
4.2 Filco Travel & Tours Ltd is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), Filco Travel & Tours Ltd can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. Filco Travel & Tours Ltd can charge the user a suitable conversion charge for this.
4.3 A refund granted by the Supplier can also be processed by the Supplier via Filco Travel & Tours Ltd . To simplify the process for the user, communication via filcotravel.com Platform is recommended.
4.4 To use the payment functions of Filco Travel & Tours Ltd, the user has to register. The user has to enter correct payment information and update the details immediately in the event of changes. Filco Travel & Tours Ltd can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.
4.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor.
5. Pricing of Filco Travel & Tours Ltd
5.1 All prices on filcotravel.com are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.
5.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
6. Duties and obligations of the user
6.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to filcotravel.com Portal using his/her registration data. The user shall be accountable for all use of his/her user account on filcotravel.com Portal.
6.2 After receiving the service information, the user can send any orders to filcotravel.com for forwarding to the Supplier.
6.3 The user shall exempt Filco travel & tours limited from third-party claims based on his/her use of the filcotravel.com Platform.
7. Availability and warranty
7.1 There is no claim for availability, quality or service features, or technical support for the filcotravel.com Platform. Filco travel & tours limited can redesign, reduce or suspend their online portal filcotravel.com at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
7.2 Filco travel & tours limited makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
7.3 Filco travel & tours limited makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.
7.4 Provided Filco travel & tours limited does not have any obligation to the user, Filco travel & tours limited can redesign also provides no guarantee.
8. Liability of Filco Travel & Tours Limited
8.1 If Filco travel & tours limited has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
8.2 Without explicit agreement or an assurance of this kind, Filco travel & tours limited is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided. If several tourist services are provided (in accordance with the legal term “package holidays”) this does not apply, unless Filco travel & tours limited gives the impression that it performs the intended travel services under its own responsibility.
8.3 Any liability of Filco travel & tours limited due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
8.4 For ordinary negligence, Filco travel & tours limited is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.
Users can cancel their registration on filcotravel.com Portal at any time by blocking their user account. Filco travel & tours limited can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.
10. Data protection
10.1 Filco Travel & Tours Limited collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Filco Travel & Tours Limited between the user and Filco Travel & Tours Limited.
10.2 If Filco Travel & Tours Limited is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract.
10.3 Filco Travel & Tours Limited does not collect and/or store any data related to credit cards when payment is made online. Online Payments by credit cards are processed through third party services and servers.
11. Changes to these General Terms and Conditions
11.1 Filco Travel & Tours Limited reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Filco Travel & Tours Limited will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. Filco Travel & Tours Limited will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.
11.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.
12. Other provisions
12.1 These General Terms and Conditions represent the whole agreement between Filco Travel & Tours Limited and the user. No additional agreements exist.
General Terms and Conditions of the Supplier of tours and other tourist services
Part III of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the filcotravel.com Platform.
2. Truthful details
The details transferred via the filcotravel.com Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs, if defective details are provided by the user.
3. Arrival at meeting point and compliance with conditions
You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.
4. Additional terms and conditions
If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part III further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.
5. Binding nature of the request
The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to for five working days. If the Supplier accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.
The agreed total price for the service we have provided is due upon the conclusion of the contract.
7. Notes on the right of revocation
The Supplier points out that contracts for tourism services which are concluded do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.
8. Self-responsibility for insurance
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.
9. Unpaid services
If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs as per point 10.
10. Cancellation guidelines
10.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. Filco Travel & Tours Limited advises the user to carefully read the information in the product description.
10.2 Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be charged by the Supplier of the tourist services: a. Up to 48 hours before the start of the activity: full refund b. Less than 48 hours before the start of the activity or in the event of a no-show: no refund
10.3 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.
10.4 The refund is done using the same payment method. In the event of credit cards the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.
11. Extraordinary cancellation
The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.
12. Exclusion of participation
The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.
13. Changes to the program
Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.
14. Further conditions
Further conditions or deviating conditions can be found in the respective tenders.
15. Time zone
For calculations of the time and deadlines, the time zone of the Supplier is authoritative.
16. Liability of the Supplier of the tour or the tourism service
The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.
17. Change to these General Terms and Conditions
These Terms and Conditions of the Supplier of tours and other tourist services of Part III can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.