Terms and Conditions

GENERAL TERMS AND CONDITIONS

Inbound Tour Operator, Travel Agency, and Payment Agent Services

IMPORTANT ROLE IDENTIFICATION

ANN & CO may act in different capacities in individual bookings. The specific program page, offer, and booking confirmation will expressly indicate in all cases whether ANN & CO is acting as (A) an inbound tour operator, (B) a publicly disclosed travel agent, or (C) an authorized payment agent. If there is a discrepancy between these documents, the capacity expressly indicated in the booking confirmation shall prevail, without prejudice to mandatory laws.

1. Data of the Service Provider and Scope of the GTC

1.1. ANN & CO ASIA COMPANY LIMITED (hereinafter: "ANN & CO") is a company registered in Thailand. Registered office: 79/45 Moo 3, Ao Nang Sub-district, Mueang Krabi District, Krabi Province 81180, Thailand. E-mail: info@asiatravelsagency.com. Website: https://asiatravelsagency.com.

1.2. These General Terms and Conditions (GTC) apply to tourist programs offered by ANN & CO as an operator or agent, as well as to customer payments received by ANN & CO based on authorization.

1.3. The specific program description, individual offer, booking confirmation, payment schedule, and special conditions pertaining to the program form part of these GTC. In the event of a contradiction, the individually negotiated condition shall prevail, followed by the booking confirmation, the special conditions of the program, and finally these GTC.

1.4. Any stipulation deviating from mandatory statutory provisions to the detriment of the Passenger shall not apply; this shall not affect the validity of the other provisions of the GTC.

2. Definitions and Determination of Role

2.1. "Passenger": the natural person who utilizes the tourist service, or who initiates a booking for the benefit of another Passenger and possesses the necessary authorization.

2.2. "Program": one or more tourist services defined in the offer and the confirmation.

2.3. "Operator": the enterprise that undertakes the organization and performance of the Program in its own name. For proprietary inbound Programs in Thailand, this is ANN & CO; for Intermediated Programs, it is the third party named in the confirmation.

2.4. "Service Provider": a hotel, carrier, boat operator, guide, attraction, restaurant, insurance company, or other third party that physically provides any element of the Program.

2.5. "Intermediated Program": a Program where the Operator is not ANN & CO, and which is brokered by ANN & CO in the name or for the benefit of the named Operator.

2.6. "Payment Agent": the capacity of ANN & CO in which, based on the express authorization of the named Operator, it receives, registers, and forwards the Passenger's payment in the name and for the benefit of the Operator.

2.7. The role of ANN & CO is determined not solely by the designation, but by the combination of the confirmation, the financial process, and the actual service. ANN & CO shall not claim agency status if it effectively qualifies as an Operator under mandatory law.

3. Information, Offer, and Electronic Contracting

3.1. General information published on the website, social media, or via messages does not automatically constitute a binding offer. Availability, pricing, and final content become binding upon written confirmation.

3.2. The Passenger's booking request constitutes a binding offer. The contract is concluded when ANN & CO, or in the case of an Intermediated Program, the named Operator, confirms the booking in writing and the first payment required by the confirmation is credited, unless the confirmation specifies a different time.

3.3. Documents sent via e-mail, web interface, or messaging application and verifiably accepted qualify as electronic contractual declarations. The Passenger must provide a correct e-mail address and phone number, and monitor their messages.

3.4. By booking, the Passenger declares that they are authorized to act on behalf of all persons included in the booking, have familiarized them with the GTC and Program conditions, and are authorized to transmit the data provided by them.

3.5. Obvious typos, technical errors, or reasonably recognizable pricing errors do not bind ANN & CO. In such cases, ANN & CO will provide a corrected offer; if rejected, any amounts already paid will be refunded.

4. Price, Payment, and Currency

4.1. The participation fee content, currency, taxes, surcharges, deposit, and payment deadline are contained in the Program description or confirmation. Services not expressly indicated are not included in the price.

4.2. Maintaining the booking is conditional upon adherence to the payment schedule. In the event of a delay, ANN & CO may issue a written notice granting a reasonable grace period; upon unsuccessful expiration, the booking may be treated as a cancellation by the Passenger, and applicable cancellation fees may be deducted.

4.3. Bank, card, intermediary, and currency exchange fees are borne by the Passenger unless the offer states otherwise. The credited amount must equal the full amount stated on the invoice or payment notice.

4.4. Chargebacks or payment recalls may only be initiated in the event of a legitimate dispute. In case of an unfounded chargeback, ANN & CO is entitled to claim its verified banking and administrative costs as well as its outstanding receivables.

4.5. Refunds may only be processed through the same payment channel from which the payment was received. Bank processing times may fall outside of ANN & CO's control.

5. Part A - ANN & CO as Inbound Tour Operator

5.1. This section applies exclusively if the Program description and booking confirmation designate ANN & CO as the Operator. In this capacity, ANN & CO conducts inbound activities permitted by its Thai tourism license.

5.2. ANN & CO is responsible for the contractual organization and performance of the Program it undertakes, within the framework of mandatory Thai law, even if certain services are performed by properly selected third-party Service Providers.

5.3. ANN & CO is entitled to use Service Providers and substitute them for operational, safety, or availability reasons with Service Providers of equal or higher standards, provided this does not alter the essence of the Program.

5.4. ANN & CO assumes no liability for services purchased by the Passenger directly from a third party outside the Program, even if an ANN & CO employee provided information or contact details for it, unless the third-party service is part of the Program according to the confirmation.

5.5. The Passenger is obliged to report any defect immediately upon discovery and provide a reasonable opportunity for correction or substitution. ANN & CO is not liable for avoidable additional damages resulting from an unjustified delay in reporting.

5.6. ANN & CO is entitled to enforce claims for reimbursement or compensation against the Service Provider. This constitutes internal liability sharing between ANN & CO and the Service Provider and does not prejudice the Passenger's mandatory rights.

6. Part B - ANN & CO as Publicly Disclosed Travel Agent

6.1. This section applies if the confirmation designates another enterprise—identified by full name, address, and, where applicable, license number—as the Operator.

6.2. The travel contract for the Intermediated Program is concluded directly between the Passenger and the named Operator. ANN & CO is the publicly disclosed booking agent of the Operator with limited authorization, and does not assume the Operator's obligation to perform the Program.

6.3. ANN & CO is liable for booking, data transmission, informational, and administrative errors arising within its own scope of control, but—without prejudice to mandatory law—is not liable for the content, quality, safety, modification, or cancellation of the travel services provided by the Operator or its Service Providers.

6.4. ANN & CO transmits information received from the Operator in good faith. It is not liable for inaccuracies communicated by the Operator of which ANN & CO was unaware and could not reasonably have been expected to know.

6.5. The special booking, cancellation, modification, and liability terms of the Operator form part of the contract for the Intermediated Program if they were provided to the Passenger prior to contracting or made available on a durable medium.

6.6. ANN & CO forwards complaints to the Operator and cooperates reasonably in communication. This assistance does not constitute an assumption of the Operator's obligations or liabilities.

7. Part C - ANN & CO as Authorized Payment Agent

7.1. If the confirmation so stipulates, ANN & CO is authorized, based on the express mandate of the named Operator, to receive the Passenger's payment in the name and for the benefit of the Operator.

7.2. A payment completed and confirmed via the official payment channel designated by ANN & CO, with proper identification, constitutes the fulfillment of the Passenger's payment obligation toward the Operator up to the paid amount. The receipt of payment does not in itself transform ANN & CO into an Operator.

7.3. ANN & CO forwards the collected amounts to the Operator according to the schedule in the agency contract, and may deduct expressly communicated commissions, fees, banking costs, or lawful withholdings from it.

7.4. ANN & CO is not entitled to use the collected customer funds outside the scope of its authorization. If a separate client account or escrow mechanism is applied, its conditions are contained in the payment notice or a separate agreement.

7.5. While the funds are at the disposal of ANN & CO, approved refunds shall be processed by ANN & CO. For funds already forwarded to the Operator, the Operator is primarily responsible for refunds; ANN & CO will provide reasonable assistance in securing and forwarding the refund, but is not obliged to pre-finance the refund owed by the Operator from its own funds, unless mandatory law requires otherwise or the damage arises from ANN & CO's own breach of contract.

7.6. ANN & CO does not guarantee the Operator's solvency. However, if ANN & CO becomes aware of a material solvency or performance risk that may affect the booking, it will inform the Passenger within a reasonable time and withhold forwarding further amounts as long as this is legally and contractually permissible.

8. Cancellation, Modification, and No-show

8.1. Cancellations must be made in writing. The time of cancellation is when the authorized recipient verifiably receives the declaration.

8.2. Cancellation fees are determined by the Program's special conditions, taking into account the Program type, time remaining until departure, non-refundable supplier costs, and reasonable administrative costs. Different schedules may apply to single-day, multi-day, flight-inclusive, and foreign Intermediated Programs.

8.3. Unless special conditions stipulate otherwise, ANN & CO will only deduct actually incurred or reasonably foreseeable losses and the disclosed administrative fee. The remaining amount will be refunded within the applicable processing time.

8.4. In the event of a no-show, Passenger delay, incomplete travel documents, denied entry, or partial participation attributable to the Passenger, refunds are only due to the extent that ANN & CO or the Operator actually saved the costs or recovered them from the Service Provider, without prejudice to mandatory law.

8.5. Name changes, date modifications, or accepting a substitute Passenger depend on the Service Providers' conditions, capacity, and applicable official regulations. Actual additional costs and a pre-disclosed administrative fee may be charged.

9. Modification of the Program, Minimum Participants, and Extraordinary Circumstances

9.1. ANN & CO, or in the case of an Intermediated Program, the Operator, is entitled to make minor modifications, particularly regarding scheduling, routing, or changing to a Service Provider of an equal standard, provided this does not materially reduce the essence and value of the Program.

9.2. In the event of a material pre-departure modification, the Passenger may choose, within a reasonable timeframe, to accept the modified Program, an offered substitute Program, or terminate the contract and receive a refund of the statutorily due amount.

9.3. The Program may be tied to a minimum number of participants if stated in the offer. The Operator shall notify the Passenger of any cancellation due to the lack of minimum participants within a reasonable time relative to the nature of the Program, and refund the paid Program fee; the Operator is only liable for indirect costs under mandatory law.

9.4. Extraordinary and unavoidable circumstances include, in particular, severe weather, natural disasters, epidemiological measures, war, acts of terrorism, civil unrest, border closures, official prohibitions, major disruptions to transport systems, or other events beyond the reasonable control of the affected party.

9.5. In the event of such circumstances, the parties shall primarily seek a safe and proportionate alternative solution. Verifiable third-party costs that cannot be legally recovered may be deducted from the refund if permitted by mandatory law. Neither party is liable for lost profits or other indirect damages, except for liabilities that cannot be excluded.

10. Obligations and Risk Assumption of the Passenger

10.1. The Passenger is responsible for holding a valid passport, visa, and fulfilling entry, health, customs, and other personal requirements, unless ANN & CO has expressly undertaken the specific obligation in writing.

10.2. The Passenger is obliged to provide true and complete data, disclose in advance any circumstances materially affecting their health or safe participation, and comply with the reasonable safety instructions of the guide, tour leader, Service Provider, and authorities.

10.3. The Passenger participates at their own risk in any optional, hazardous, or physically demanding activity that is not part of the confirmed Program. For high-risk activities that are part of the Program, ANN & CO or the Operator will provide prior information regarding the material risks.

10.4. ANN & CO recommends obtaining comprehensive travel, health, baggage, accident, and trip cancellation insurance. The mandatory operator accident insurance may not cover all personal losses or medical expenses.

10.5. ANN & CO or the Operator may refuse or terminate the Passenger's participation if their conduct severely endangers the safety of others or the performance of the Program, violates the law, or is severely disruptive despite a warning. Any resulting costs that cannot be mitigated by savings shall be borne by the Passenger.

11. Liability, Exclusions, and Limitations

11.1. The liability of ANN & CO always aligns with its respective capacity. Neither its agency nor payment agent status may be interpreted as assuming obligations assigned by the confirmation to the named Operator.

11.2. ANN & CO is not liable for damages resulting from the Passenger's actions or omissions, concealed health conditions, incorrect data provision, unlawful conduct, missed connections, or voluntary deviation from the Program.

11.3. ANN & CO is not liable for the independent actions of a third party not involved in providing the confirmed service if the event was not reasonably foreseeable or preventable.

11.4. If an international convention or a carrier's mandatory liability regime applies, ANN & CO's liability may be aligned with the same limitations to the extent permitted by mandatory law.

11.5. To the fullest extent permitted by law, ANN & CO is not liable for indirect or consequential damages, loss of business profit, data loss, or special damages. In the case of Consumer Programs, this exclusion does not apply to reasonably foreseeable and directly caused personal injury.

11.6. Unless prohibited by mandatory law, the upper limit of ANN & CO's total aggregate contractual liability for damages is the amount actually paid by the affected Passenger for the given Program. This limitation shall not apply to death, personal injury, fraud, willful misconduct, gross negligence, unlawful use of client funds, or other non-excludable liability.

11.7. The Passenger is obliged to act reasonably to prevent, mitigate, and prove damages. ANN & CO is not liable for any avoidable or unreasonably aggravated portion of the damage.

12. Insurance and Emergency Assistance

12.1. For proprietary inbound Programs, ANN & CO maintains the accident insurance required by Thai law. The exact coverage, exclusions, and limits of the insurance are available upon request and, where necessary, in the Program documents.

12.2. In an emergency, the Passenger must first notify local emergency services, followed by the emergency contact of ANN & CO or the Operator provided in the confirmation, if reasonably possible.

12.3. ANN & CO will provide reasonable assistance, but in situations attributable to the Passenger or involving events outside the Program, the verified additional costs of the assistance may be charged to the Passenger.

13. Complaint Handling

13.1. The Passenger must immediately report any problem observed on-site to the guide, the Service Provider, and ANN & CO, or in the case of an Intermediated Program, to the named Operator, to allow an opportunity for rectification.

13.2. Complaints may be submitted in Thai or English, and also in Hungarian through ANN & CO's Hungarian language customer channel. The recommended deadline is 30 days from the completion of the Program; missing this deadline does not in itself extinguish a claim based on mandatory law, but the resulting evidentiary disadvantage may be borne by the Passenger.

13.3. The complaint must include the booking reference, description, time, and location of the event, details of the immediate report, the requested resolution, and available evidence.

13.4. For Intermediated Programs, ANN & CO will forward the complaint to the Operator without undue delay and assist in the response; it does not assume the Operator's liability for performance.

14. Personal Data

14.1. ANN & CO processes the Passenger's personal data for booking management, contract performance, payment, safety, insurance, legal obligations, complaint handling, and customer communication purposes in accordance with the Thai Personal Data Protection Act B.E. 2562 and other applicable laws.

14.2. ANN & CO may transfer necessary data to the Operator, hotel, carrier, guide, insurer, financial service provider, authorities, and other fulfillment partners in Thailand or abroad, exclusively to the extent necessary and with an appropriate legal basis.

14.3. Data regarding health, food allergies, disabilities, or other sensitive circumstances is processed by ANN & CO only when necessary and with the applicable consent or other legal basis. The Passenger may only provide another person's sensitive data with appropriate authorization.

14.4. Further details of data processing are contained in the current Privacy Notice. ANN & CO and the foreign Operator may be independent data controllers depending on the specific processing operation.

15. Applicable Law, Language, and Dispute Resolution

15.1. These GTC and the legal relationship with ANN & CO are governed by Thai law. This choice of law does not deprive a consumer of the protection afforded by mandatory provisions from which no derogation is permitted by the law that would otherwise apply.

15.2. The parties shall primarily attempt to resolve any dispute through good-faith negotiations. If unsuccessful, the Thai courts shall have jurisdiction, unless mandatory law provides another forum for the Passenger.

15.3. The GTC may be published in multiple languages. In the event of a discrepancy, the English version shall prevail, provided the Passenger received it or could access it on a durable medium prior to contracting. The official Thai text of Thai legislation takes precedence.

16. Miscellaneous and Final Provisions

16.1. The invalidity of any provision of these GTC shall not affect the remaining provisions. The invalid provision must be replaced with a lawful provision that closest approximates its intent.

16.2. ANN & CO may modify these GTC for the future. For already confirmed bookings, the version accepted at the time of contracting applies, except for mandatory legislative changes or modifications beneficial to the Passenger.

16.3. A single or temporary failure by ANN & CO to exercise any of its rights does not constitute a waiver of that right.

16.4. ANN & CO may assign its contract with the Passenger or the performance thereof to an appropriate successor or authorized partner, provided this does not diminish the Passenger's rights and the safety of performance, and mandatory law permits such assignment.