Last Updated: Aug 12, 2016
Agreement Between Customer and Lotus Travel Pte.,Ltd.
Welcome to Lotus Travel Pte.,Ltd (TheAsia.com). We operated our own website. This website is provided to assist customers in gathering travel information, determining the availability of travelrelated goods and services and making legitimate reservations or otherwise transaction business with travel supplier, and for no other purposes. The term you refer to the customer visiting the Website and/or booking a reservation through us on this website, or through our customer service agents.
This website uses User Agreement (“Agreement”) that is made between Lotus Travel Pte.,Ltd (“TheAsia.com”) which owns and operates the internet site with the URL : www.Theasia.com (“The Web Site”) and you who access and/or visit or cause to access and/or visit the website (“you/your”).
Changes to Terms or Services
TheAsia.com is able to change the Terms at any time without making notice. We’ll also update the “Last Updated Date” at the top of these Terms. It is important for you to review the changed terms each time you use this site. If you continue to use the service that means you agree to be bound by the changed Terms. If you disagree with any part of the terms then you’re not allowed to use and access the Services anymore.
Contents, Software and Copyright and Trade Mark
TheAsia.com is the owner or licensee of all rights in this Website and its contents, software, databases and services. The materials contained in this Website are protected by the copyright and trademark laws and other laws of Thailand and other countries. No user of this Website has any right, title, or interest in such contents, software, databases or services not previously expressly granted in writing to such user by Theasia.com
No materials from this Website may be published, uploaded, downloaded, transmitted, posted, copied, reproduced, distributed or republished except with TheAsia.com’s express written permission.
TheAsia.com is applied for or registered trademarks, service marks, and/or trade names owned. These and all other trademarks, service marks, and trade names used on this Web site are owned by Theasia.com or third parties, and are protected by national and/or international trademark laws. No user of the Website has any right, title, or interest in those marks or names not previously expressly granted in writing to such user by Theasia.com.
Products and Contents Removal
TheAsia.com reserves the right at any time to remove, modified or discontinue, temporarily or permanently all of tour products, all of ticket products and car rental for transfer with or without notice. You agree that Theasia.com will not be liable to you or any third party in any way for any modification suspension or discontinuance of all the products.
Term of Use Website
In order to purchase the products and services using the payment method displayed on the Site, you must be 18 years of age or over. By using the Site, You confirm that you possess the legal authority to enter into the conditions of use for the Site, including instructing Theasia.com to collect any payments from a credit, and to use the Site in accordance with all terms and conditions. You confirm that all information supplied by you in using the Site is true and accurate. By using the site you agree to accepting, from time to time and requests for feedback to help us monitor and improve our all of tour products, all of ticket products and car rental for transfer that we provide on them.
Registration and Account· You must be at least 18 years old of age and are of sound mind;
User Login Detail
· If you register for an account with our website, we will provide you to login with your email or you will be asked to choose your Facebook account or Google account for applying.
· Your user ID must not be liable to mislead and must comply with the content rules set out in content you must not use your account or user ID for or in connection with the impersonation of any person.
· You must keep your password confidential.
· You must notify us in writing immediately if you become aware of any disclosure of your password.
· You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Review, Comments and Other Submissions
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You will not post or transmit to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; and (iv) any materials that are objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or otherwise prohibited by applicable laws. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Theasia.com may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only you’re most recent submission is eligible for use.
Use and Share the Information Collected
Personally Identifiable Information
In certain instances we may also share your personally identifiable information with our third-party vendors performing functions on our behalf (or on behalf of our affiliated companies) – e.g., vendors that process credit card orders, deliver our merchandise, administer our promotions, provide us marketing or promotional assistance, analyze our data, assist us with customer service, etc. Our vendors agree to use this information, and we share information with them, only to carry out our requests. In addition, we may share your personally identifiable information with participating sponsors to a program or promotion (e.g., a sweepstakes or contest) you enter via our Websites, and with third parties who assist us in using the content or other information you have posted or shared with us via our Websites (e.g., production companies we may use). Further, we may share your personally identifiable information with third parties such as our co-promotional partners and others with whom we have marketing or other relationships.
If you send us an e-mail with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send nonpublic personally identifiable information, such as passwords, bank account information, to us by email. Further, we may send you e-mail under the following circumstances: (a) if you request a particular service or sign up for a feature that involves e-mail communications; (b) if it relates to purchases you have made with us (e.g., product updates, customer support, etc.); (c) if we are sending you information about our other products and services; (d) if you consented to being contacted by e-mail for a particular purpose; (e) if you send us an e-mail, post information on the Websites (i.e., a blog) or otherwise submit information to us electronically, we may e-mail you to follow-up or otherwise communicate with you with respect thereto; (f) to provide you legal notices or notices with respect to your use of the Websites; or (g) to otherwise facilitate a transaction between us. In certain instances, we may provide you with tools on the Websites that will allow you to set your preferences for receiving e-mail communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial e-mail communications from us by clicking the “unsubscribe” link or following the other instructions included at the bottom of most e-mails we send, or as provided below in Section I; provided, however, we reserve the right to send you transactional e-mails such as customer service communications.
Sweepstakes Contests and Promotions
We may offer sweepstakes, contests, and other promotions through the Websites that may require registration. By entering any promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion. If you choose to enter a sweepstakes, contest or other promotion, personally identifiable information may be disclosed to third parties or the public in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the promotion’s official rules, such as on a winners list.
Products and Booking Reservations
The Asia is not a travel agency and does not provide or own transportation services, accommodations, tours, excursions or other travel experiences. Although The Asia displays information about travel experiences offered by third-party suppliers and facilitates reservations those suppliers, such actions do not in any way imply, suggest, or constitute The Asia’s sponsorship or approval of third-party suppliers, or any affiliation between The Asia and third-party suppliers. Although The Asia members may rate and review particular travel experiences based on their own experiences, The Asia does not endorse or recommend the products or services of any third-party suppliers. You agree that The Asia is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its Website.
If you book a reservation for a travel experience through the Website, you agree to review and be bound by the supplier's terms and conditions and any other rules or policies related to the supplier's travel experience. Your interactions with third-party suppliers are at your own risk. The Asia will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.
This Website may link you to supplier sites or other websites that The Asia does not operate or control.
Modifying or Amending Your Booking
All requests for modifications and amendments to your booking must be directed to The Asia Customer Support Team (click here to submit "Amendment" request on Contact Us page) who will process the request. See the section “Payment & Cancellations” below for additional information with respect to cancelling a booking.
- The Asia does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by our Customer Care team according to Cancellation policy.
- It is not possible to change or modify a Non-refundable cancellation policy product. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.
- All other date-change requests and amendments are subject to availability by our suppliers and/or service providers; The Asia cannot guarantee the success of any amendment request.
If you accept a discount or special-offer price during The Asia checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. The Asia may decide, at its sole discretion, to honor your discount or special-offer pricing if you make amendment to your itinerary. However The Asia reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.
Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, and other Product features and/or requirements. As a result, The Asia reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at this Website, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price. Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.
The policy is void in instances where delay is caused by your own actions and/or you have deviated from The Asia activity or tour. You must supply The Asia with correct arrival and departure ship/vehicle information and ensure there is enough time (minimum 2 hours) between the tour end time and the ship/vehicle departure time. You must contact The Asia directly to request next port-of-call transportation arrangements as customers cannot book their own travel.
Pricing & Inclusions/Exclusions
Prices listed on the Website are per person, unless otherwise specified.
Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by The Asia.
Price quotations are subject to change without notice, until a booking has been confirmed.
Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food not specifically listed under “Include” on the product pages of the Website.
Payments & Cancellations
When you book a reservation for a Product through the Website, The Asia collects your payment information and processes your payment as described below under “Payment Processing”. The Asia accepts the following credit cards: Mastercard, Visa, American Express, JCB. There is no charge or service fee for processing credit or debit card payments. Full payment by credit or debit card is required to make a reservation. Payment will be listed as “The Asia.com” on the credit or debit card statement.
No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.
Canceling a booking with The Asia can result in cancellation fees being applied by The Asia, as outlined below. Additional fees may be levied by the individual supplier or tour operator (check your cancellation policy on The Asia’s Voucher/ the page in Website for specific details). When canceling any booking you will be notified via email of the total cancellation fees.
The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on theasia.com and The Asia-affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees. Please note for bookings made in Brazil, the tax IOF (Tax Upon Financial Operations, 6.38%) is not included in the final booking value and will be charged to the credit or debit card used to make the purchase.
Under this agreement, the payment processing services for services purchased on this website are provided by Lotus Travel Pte.,Ltd.
In the event you choose to pay with a credit or debit card and the payment is processed via a Ingenico ePayments, these terms are an agreement between you and Lotus Travel Pte.,Ltd. For any other type of purchases, these terms are an agreement between you and Lotus Travel Pte.,Ltd as well.
The Asia Vouchers
You will receive a personalized The Asia voucher (“Voucher”) for each tour, event or service booked. In order to access and print your The Asia Voucher(s), you will be provided The Asia Booking Confirmation Email to secure voucher as an attached file.
The voucher’s validity date depends on your check-in date, and it is only applicable on the day that presented on The Asia Voucher.
You must provide the original, authentic The Asia Voucher to the appropriate service provider in order to redeem your tour, ticket, or package. Your reservation cannot be honored or redeemed without presenting a valid The Asia Voucher.
For security purposes, when redeeming your The Asia Voucher you must present a valid Photo ID. This is for identification purposes and helps us to prevent fraud.
In some cases The Asia also requires that you present the credit or debit card used to purchase your tour or ticket at the time of redemption. This generally applies only to attraction and show tickets. This helps us to prevent credit-card misuse. You will be advised at checkout whether or not you must present the credit or debit card used for booking. Any changes or amendments will be made at Lotus Travel Pte., Ltd.'s sole discretion.
Please note that you’re the Asia Voucher(s) can be confiscated - and immediately canceled without refund - if your signature and/or name do not match those shown on either your credit or debit card.
Third Party of the Website
This website may contain hyperlinks for third-party (as partners) websites. These links are provided for our partners convenience and access further information about operating tour program, ticket services and car rental for transfer in locations in which we offer our Services in the part of third party. Theasia.com does not control such websites and is not responsible for their contents. Third party can check any services or information available from these websites are suitable for your purposes. Theasia.com is inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such website or any association with their operation.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR MAY NEED TO BE UPDATED. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THEASIA.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
THEASIA.COM , ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE, PROVIDED “)AS IS”) WITHOUT WARRANTY OF ANY KIND. THEASIA.COM, IT’S AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL THEASIA.COM, ITS AFFILIATES, AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THEASIA.COM, ITS AFFILIATES AND/OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We may terminate these Terms or your access to the Services, at our sole discretion and without liability to you, at any time and with or without prior notice to you. Upon any termination, or cancellation of the Services, the following provisions will survive about Content Liability Disclaimers and Upon any termination, discontinuation or cancellation of the Services or your Account, we’ll promptly pay you any amounts that we in our discretion determine we are legally obligated to pay you.
These Terms shall be governed and construed in accordance with the laws of Thailand and other country, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Currency converter is available on this Website, the following terms and conditions apply:
Rates are not verified as accurate, and actual rates may vary. Currency quotes are updated every day. Check the date on the currency converter feature for the day. The information supplied by this application is believed to be accurate, but theasia.com and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
These terms and conditions are available to a customer who book and pay for our service product by TheAsia.com (the “Website") and suffer a Travel Issue and Merchant Special Occasion prior to check-in date with the Guest Refund Policy.
A “Travel Issue” means any one of the following:
(a) the description of the products on the in the listing on the Website is materially inaccurate with respect to: (i) the place of the program tour (e.g. driver go different place without asking or notice), (ii) special features represented in the listing description are not provided or do not function, such as lunch, activities, entrance fee and so on.
(b) At the start of customer’s reservation, the product service: (i) is not generally polite and clean (ii) contains safety that would be reasonably expected to adversely affect the customer’s use our service product in TheAsia.com’s judgment,
B “Merchant Special Occasion” means any one of the following: (a) Guest’s booking is hard to be honored due to unexpected circumstance from 3rd party merchant.
(b) Technical error occurred along the process of reservation in Website.
(c) Any booking cancellations Guest does not intend to
If you are a Guest and suffer a Travel Issue/Merchant Special Occasion, we agree, at our discretion, to reimburse you up to the amount paid by you through the Website, as determined by TheAsia.com in our discretion, depending on the nature of the Travel Issue and Merchant Special Occasion suffered.
Conditions to Claim a Travel Issue
Only a Guest may submit a claim for a Travel Issue. If you are a customer, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
a) you must bring the Travel Issue to our attention in writing (Theasia.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Product Booking and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.
(b) You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).
(c) You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue.
(a) No Assignment/No Insurance. This Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the customer, and the customer has not paid any premium in respect of the Refund Policy. The benefits provided under this Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Theasia.com reserves the right to modify or terminate this Refund Policy, at any time, in its sole discretion, and without prior notice. If Theasia.com modifies this Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Theasia.com will continue to process all claims for Travel Issues made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This Refund Policy constitutes the entire and exclusive understanding and agreement between Theasia.com and you regarding the Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Theasia.com and you regarding the Refund Policy.
About The Asia
All of our services are rendered by Lotus Travel Pte. Ltd., which is a private limited liability company, incorporated under the laws of Singapore, having its registered address at 120 Lower Delta House #01-03 Cendex Centre, Singapore 169208 and is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 197201224N. The Asia and its related companies have various subsidiaries, branches and offices throughout the world. The subsidiaries, branches and offices only provide an internal supporting role to and for the benefit of The Asia. These subsidiaries, branches and offices (as well as any other affiliated companies) do not have any power or authority to render the service, to represent The Asia or to enter into any contract in the name of, for or on behalf of The Asia. Local Support Companies are not authorized to accept service of process. Neither The Asia nor any affiliated company acts as a travel agent. For further information about our Partners who may provide Ancillary Services (hotels, flights, rental cars) please refer to their respective sites. For all questions about theasia.com, the services or Site, or if you wish to send or serve any documents, correspondence, notices or other communications in respect of theasia.com, the Site or otherwise, please contact Lotus Travel Pte. Ltd. directly, email@example.com.
You Are Done!
Great! You made it through our Terms and Conditions - good for you! Now go and enjoy the Services on Theasia.com