Terms of use

Terms and Conditions

Last Updated: May 2, 2024 Welcome to www.FairFair.co.th and FairFair application ("Website"). The Website is owned and operated by FairFair Co., Ltd. ("FairFair", "we", "us", or "our"). Visitors, users, or registered users ("you" or "User") must read and agree to these Terms and Conditions of Use, including our Privacy Policy and any other applicable terms and conditions referenced on our Website (collectively, the "Terms") before using the Website and/or making a reservation. By accessing any part of this Website, you acknowledge and agree that you have read, understood, and agreed to be bound by these Terms. This constitutes your acceptance of the Terms and Conditions set forth below. If you do not accept these Terms, please exit the Website and discontinue use of the Website and services immediately, and do not make any reservations through the Website

These Terms are a legally binding agreement between you, as an individual User ("you" or "User") and FairFair, and you must be of legal age and fully competent to use this Website. Please note that we may change, modify, add, and remove these Terms at any time without prior notice to you, in order to comply with any laws or regulations that we are bound by, or to align with our service offerings. FairFair will use reasonable efforts to notify Users of significant amendments to these Terms on the Website. However, please check these Terms each time you visit the Website to ensure that you have read and agree to the most recent version of these Terms. The lastest version of these Terms will supersede all previous versions

1. SCOPE OF OUR SERVICES

  1. 1.1 FairFair provides an online platform through the Website, allowing you to search for various products, including transportation services, parcel delivery, city sightseeing buses, tour packages, and other travel and tour-related products and services (“Services”). Users can book these services through the Website, the Application, sales points, and agents via various channels provided by FairFair and/or other service providers (“Sellers or Service Providers”). You can purchase or book products and services from the Sellers or Service Providers through the Website. We will provide a booking confirmation via email or by issuing a travel document (ticket) from our staff or service agents. We reserve the right to cancel or modify your booking in accordance with these Terms.
  2. 1.2 Although FairFair exercises reasonable care and expertise in providing the Services, we do not verify, and do not guarantee the accuracy, completeness, correctness, or up-to-datedness of all information provided by the Sellers or Service Providers on the Website. We are not responsible for any errors (including data arrangement and typographical errors), disruptions (due to damage, repair, or Website maintenance or other reasons, whether temporary and/or partial), inaccurate, misleading, or false information from the Sellers or Service Providers, or any failure by the Sellers or Service Providers to provide information.
  3. 1.3 Changes in market conditions or circumstances may lead to rapid changes, which may render the information provided by the Sellers or Service Providers on the Website to be inaccurate or inapplicable. Therefore, if you have any doubts or are affected by such circumstances, please contact FairFair's Customer Service team. Our staff will be happy to assist and support you.
  4. 1.4 FairFair is an online platform provider facilitating your connection with various Service Providers. To the extent permitted by law, we will not be liable or responsible for any actions or omissions of the Sellers or Service Providers. You will be solely responsible for managing any obligations or liabilities to the Sellers or Service Providers. We make no representations, and should not be interpreted that we provide any recommendations or suggestions regarding the quality of the Services of the Sellers or Service Providers listed on the Website. In any case, we will not be liable for any information, details, products, services, or media of any kind provided or made available by the Sellers or Service Providers. The results of Sellers or Service Providers to you on the Website is based on search criteria, destinations, travel dates, availability of Services from the Service Providers, types of Services, and filters you use during your product search on the Website. We believe that this will provide you with convenience and satisfaction in selecting the products of the relevant Sellers or Service Providers based on the information you desire.
  5. 1.5 To the extent permitted by law, we reserve the right to refuse or decline any booking request or purchase (or cancel a confirmed booking in some cases) in the following situations include but are not limited to:
    • The product you have booked or purchased is no longer available or provided by the Seller or Service Provider.
    • You fail to make full payment for the product you booked or purchased, or the Seller, Service Provider, or FairFair is unable to collect the payment from you by the due date due to your fault, whether intentional or negligent.
    • FairFair is unable to collect payment for the product you booked or purchased, whether due to your failure to make full payment within the specified time, or we are unable to deduct or charge the payment from your account, credit card, debit card, electronic money, or e-wallet, or through other payment methods, or the payment cannot be processed due to errors from the banking system or payment service providers, whether they are on the Website or external to the website.
    • You provide incorrect, erroneous, or misleading information at the time of booking or purchasing the product.
    • A force majeure event occurs, or technical issues arise on the Website, including incorrect pricing and product details displayed on the Website, which you know or should have known to be clearly erroneous, or the incorrect pricing and details are evidently understandable by the general public as being commercially unreasonable or impractical for any Service Provider to offer.
    • Inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, a Real Mistake (hereinafter described below), history of breaches of these Terms, or being placed on any “black lists” or “watch lists” by governments or international organizations.
    • In a particular case, we may cancel or reject reservations with respect to a "Real Mistake", which does not depend on where the error originated. A Real Mistake is a fault on the Site (for example, in terms of price) which no reasonable person would consider appropriate or to make business sense. The amount charged shall be reimbursed without further charges in such a case.
  6. 1.6 Every payment related to the booking or reservation services shall be made directly to FairFair’s bank account or FariFair payment channels. All payments will become the property of FairFair, and FairFair will pay the Seller or Service Provider once the relevant services have been provided, or at other times as determined by the Seller or Service Provider, unless FairFair has an obligation to hold the payment on behalf of the Seller or Service Provider as per a separate agreement between FairFair and the Seller or Service Provider. If you do not make the payment directly to FairFair’s bank account or FariFair payment channels, FairFair will not be responsible for the validity of the reservation.

2. CANCELLATIONS

  1. 2.1 By booking, ordering, or reserving Services through the Website or Application, you accept and agree to the Terms and Conditions of the respective Seller or Service Provider, including their cancellation policies and/or no-show policies, as well as any specific requests you made to the Seller or Service Provider. FairFair will not be responsible for any violation of these Terms, or which are based on specific user requests. Therefore, please read the Seller’s or Service Provider’s terms and conditions carefully before booking, ordering, or reserving Services through the Website and Application.
  2. 2.2 Regarding refunds, including by means of credit card chargeback, and subject to any applicable rights you may have at law, FairFair may have the right to deduct reasonable expenses or charges to reimburse the reasonable costs that have been incurred in connection with the cancellation.

3. SPECIAL REQUESTS

  1. 3.1 If you have any special requests regarding your booking (for example: bus tickets, change of name, change of date, adding “membership program” points or equivalent, special equipment/tools needed for the tour packages or equivalent), users can contact the seller or service provider directly (depending on the case). FairFair and the Seller or Service Provider will consider your request at their discretion, based on service availability and other relevant factors. Your special requests may be subject to additional charges and/or fees as determined by the seller or service provider according to their policies. FairFair is not responsible for the availability of services and/or the fulfillment of your special requests by the Seller or Service Provider.
  2. 3.2 In the event that users request changes to their service (including but not limited to changes in date, travel route, and/or passengers), if the original booking is no longer valid (including but not limited to cases where you have used or refunded the ticket or access pass), FairFair reserves the right to cancel your new booking made through the service change request process.

4. TRAVEL ADVICE

  1. 4.1 By displaying particular destinations, FairFair does not represent or guarantee that travel to such destinations is recommended or risk-free and FairFair is not liable for any damages or losses that may occur as a result of your travel to such destinations. Under no circumstances shall FairFair be held responsible for any incidents that occur during your trip or stay. You are solely responsible for the selection of travel, routes, and destinations for the entire duration of your trip. To the extent permitted by law, FairFair will not be liable for any damages or losses arising from your failure to bring travel-related documents such as passports, electronic tickets (e-tickets), electronic vouchers (e-vouchers), and other similar documents, or any other reason attributable to you.
  2. 4.2 You are solely responsible for obtaining, keeping, and presenting the necessary and valid travel permits, visas, or any other immigration documents required by the laws of the departure country, the destination country, or any transit countries. This must be done before you complete your travel arrangements. FairFair has no obligation and takes no responsibility for informing you about the necessary travel arrangements and permits required for your travel plans. Under no circumstances will FairFair be liable for any losses or damages arising from or related to your travel documents and permits.

5. PRICES AND PROMOTIONS

  1. 5.1 We may occasionally offer Services at discounted rates and/or run various promotions. Please note that these promotions may involve with specific terms and conditions that differ from standard offerings, particularly concerning booking and refund policies.
  2. 5.2 In cases where Sellers or Service Providers manage their own promotions, the rights and authority over the promotion will be fully under those sellers’ or service providers’ separate terms and conditions and will not apply to the reservation conducted through FairFair.

6. ADDITIONAL CHARGES AND REFUNDS

  1. 6.1 Users acknowledge that the prices displayed on the Website are subject to various conditions and may change based on availability, the time of booking, and other factors. Available prices can include additional taxes and other fees, but in some cases, it may not include taxes and other service charges (such as tips for tour guides, facility fees (if any), or other fees/charges that may arise from your use of services other than those provided by FairFair (if any)). You agree that you are responsible for verifying the total cost to be paid and other terms and details when the confirmation email is sent. You must verify your booking information in the booking documents, and you may cancel your booking at any time before the final confirmation of your booking is complete. FairFair will provide a detailed breakdown so that you can see the amount to be paid, any additional costs due to the use of credit cards, PromptPay, counter service, interbank transfers, or other transport fees will be charged to you. If there is a discrepancy in the amount paid, your payment will be processed but your booking will be cancelled and not confirmed. In such a case, you must contact and submit a request for a refund. FairFair will refund the amount paid, subject to any applicable rights, terms, and refund policies, and deduct any reasonable expenses incurred by FairFair due to your failure to pay the service fees or an unsuccessful booking. If you have any questions about the services, please contact FairFair's Customer Service department. For any other cancellations under the applicable rights and conditions, FairFair will review and refund the amount paid, deducting reasonable expenses incurred (such as interbank transfer fees) before refunding the remaining amount to you. Refunds may not be immediate depending on your initial mode of payment. If you paid by credit card and requested a refund, FairFair will instruct the payment service provider to credit the refund amount back to your credit card account.
  2. 6.2 You can inquire about the refund process and the expected time for the refund by contacting FairFair's Customer Service team through contact channel we provide, where our staff will be happy to assist you as best as we can.
  3. 6.3 FairFair will not be responsible or liable for refunding any amount if the booking error is due to customer mistakes or other human errors (e.g. inaccurate transfer amounts, or exceeding the time limit for transfers or any payment that is not being made directly to FairFair’s bank account or FairFair payment channels.).
  4. 6.4 Subject to the terms of the payment processing facilities, we will principally process your refunds, both voluntary and involuntary, by reversing the refund through the original payment method you used to pay for the Confirmed Booking. If we cannot process the refund through the original payment method, or if you paid by bank transfer or other offline payment methods such as counter service or payments through other payment agents, we will transfer the refund solely to a valid and designated bank account that you have submitted via the refund request ("designated bank account"). Please read and understand the terms and conditions regarding the designated bank account as follows:

REFUND TERMS AND CONDITIONS

By submitting your bank account details for a refund request through our Customer Service Call Center team or other available channel, it is considered that you have read, acknowledged, and agreed to all FairFair's Refund Terms and Condition.

  • You must correctly and accurately state one bank account number to use for the refund request, with a signed copy of book bank.
  • You must submit proof of payment and other information as requested by FairFair to support the refund request.
  • The bank account you provide will be the registered bank account number at FairFair and will be the sole account used for refund transactions whenever you request a refund from FairFair and/or an automatic refund from FairFair is processed.
  • For refund submissions made prior to the implementation of these Terms of use, the refund will be directly deposited into the account number you have registered.
  • Refund requests can only be requested through the same FairFair user account that made the original booking and payment.
  • You assure that the refund request is not associated to money laundering, financing terrorism, or any other criminal activities. You agree to release FairFair from any obligations and liabilities regarding refunds initiated by you.
  • To the extent permitted by applicable law, FairFair reserves the right to suspend or cancel your refund request if there are indications or suspicions of any criminal activities, including but not limited to money laundering, terrorism, fraud, deception, and theft.
  • If necessary during the refund process, You may be requested to provide additional information, such as a copy of an Identity Card and/or other required documents.
  • FairFair shall not be responsible for any illegal actions or law violations conducted through this refund payment process.
  • FairFair shall not be responsible for the accuracy or reliability of the information you submitted on this request. These terms and conditions are part of the usage of the Website, Application, sales points, and representatives.

7. USER ACCOUNT

  1. 7.1 You are required to create a user account in order to use the Services. When you register to open a user account, we will collect and process your personal information, such as your name, email address, and mobile phone number. You must provide accurate, complete, and up-to-date personal information and agree to furnish identity verification documents as we may reasonably request. We will collect, use, disclose, and process your personal information as specified in our Privacy Notice, available here.
  2. 7.2 Only you can use your own account and you represent and warrant that you will not allow any other party to use your identity or your account for any reason unless FairFair permits it.
  3. 7.3 You cannot assign or transfer your account to any other party.
  4. 7.4 You must ensure the security and confidentiality of your account password or any identification we provide to you. In the event that your password is disclosed to any other person for any reason, leading to unauthorized use of your account or identity, you acknowledge that any purchase or booking made using your account without authorization will still be valid, and we will proceed with such orders or bookings. According to the rights you may have under the law, you hereby declare that Fairfair will not be liable for any loss or damage arising from the misuse of your account, as stipulated.
  5. 7.5 If you no longer have control over your account, you must notify us immediately (e.g., if your account is hacked or your mobile phone is stolen) so we can block and/or temporarily suspend your account. You acknowledge that you will be responsible for the use of your account and may be held liable for any misuse of your account by others.

8. TEMPORARY SUSPENSION AND ACCOUNT TERMINATION

  1. 8.1 FairFair reserves the sole discretion to temporarily suspend or deny access to your user account, and to prohibit you from using or conducting transactions on our website, application, purchasing or booking products, and utilizing our services if we reasonably find or believe that:
    • You are not complying with or violating these Terms.
    • You are not adhering to the specific terms and conditions set by Sellers or Service Providers.
    • You are violating applicable laws or regulations.
    • You are misusing our Website, Application, or Services, engaging in fraudulent activities, or conducting any improper actions with the intention of or for the purpose of gaining benefits other than using or conducting transactions on our Website, Application, and utilizing our Services.
    • You are engaging in illegal activities, or acting against good morals or ethical standards, such as gaining benefits directly from system issues or errors (bugs), installing third-party plug-ins, or conducting any activities that do not comply with or are improper according to the terms and conditions of the products.
    • You are involved in or complicit in any criminal acts or legal violations.
    • You exhibit inappropriate behavior, threaten, act rudely, post or disseminate inappropriate content, or refuse to cooperate with us regarding the use of the Website, Application, Products, and Services.
    • You are listed on government or international organizations' “blacklists” or “watch lists” or are subject to trade or economic sanctions from international organizations.
    FairFair will notify you in writing through the Website, Application, email, or your phone number before or during the suspension of services on the website or the temporary denial of access to your user account. We will also inform you of the reasons for the service suspension or temporary denial of access to your user account. This includes instances where you do not comply with or violate these terms, or we find that you have engaged in any of the actions or behaviors outlined above.

    You can contact us through the channels specified in Section 18.1 within 7 (seven) business days after receiving the notification to dispute or provide further explanations regarding the issues. FairFair will carefully review the incident or request additional facts and information from you. We will then get back to you with recommendations, the results of our review, and/or the cancellation of the service suspension or the order denying access to your user account within the timeframe specified in Section 18.2. Once we have lifted the service suspension, you will be able to use your account on our website within 7 (seven) business days.
  2. 8.2 We may, at our sole discretion, immediately delete or deactivate your user account and permanently prohibit you from using our Website, Application, and Services if we determine that any of your actions in the following cases may impact our Services, the functionality of the Website, Application, the products of Service Providers, or our reputation or business operations:
    • You act or omit to act in any way that is improper, non-compliant, or in violation of the Terms outlined in Section 8.1.
    • You fail to rectify any violations or non-compliance with these Terms or fail to follow the recommendations or requests we have notified you about during our investigation of incidents that occurred while we temporarily suspended services to you, or we have previously suspended services or denied access to your user account under Section 8.1, and you continue to act or omit to act or exhibit behaviors as specified. This includes repeated violations of the same provision in Section 8.1 or other prohibitions, or if we are unable to collect payment from your multiple times due to your fault, whether intentional or negligent.
    We will notify you in written notice through the Website, Application, email, or your phone number before or during the deletion or deactivation of your user account. You may contact us through the channels specified in Section 18.1 within 7 (seven) business days after receiving such notification to further explain the incident and/or rectify any violations, improve your behavior, or fully comply with these Terms. FairFair will carefully review the incident or request additional facts and information from you. We will then get back to you with recommendations, the results of our review, and/or the cancellation of the deletion or deactivation of your user account within the timeframe specified in Section 18.2. Once we have lifted the deletion or deactivation, you will be able to access your account, services, and conduct transactions on our Website and Application within 7 (seven) business days.
  3. 8.3 The temporary suspension of services, denial of access to your user account, and the deletion or deactivation of your user account as mentioned above do not affect any booking confirmations you have made or products you have purchased before we take the aforementioned actions, unless we have the right to cancel the confirmed booking as per these terms.
  4. 8.4 During the suspension of services or temporary denial of access to your user account, or after your user account has been deleted or deactivated, you are prohibited from creating other user accounts and conducting any transactions on the platform. If we detect or suspect that you are attempting to do so, or if we find any bookings under your name or contact information, we reserve the right to cancel any booking confirmations you made or purchased during the service suspension or after your account was deleted or deactivated. Additionally, we will withhold any refunds from travel service providers due to such cancellations, and you will be fully responsible for any damages we incur as a result of the aforementioned actions.

9. PAYMENT DETAILS AND METHODS

  1. 9.1 Payments are made in the amount and currency as stated, not including bank fees or any other charges by FairFair.
  2. 9.2 FairFair may charge you additional fees or service charges along with the payment for products or other transactions. These may include bank and credit card fees, charges for payment via credit or debit card, other types of fees and charges, including VAT, sales tax, specific business tax, stamp duty, and/or any other applicable taxes. These additional fees or service charges, which we collect along with your payment, facilitate the booking or purchase of products or other transactions on our website and application. To the extent permitted by applicable laws and regulations, these taxes and fees or service charges collected by FairFair are non-refundable.
  3. 9.3 All payments for reservations through FairFair’s sales channels must be complete within the specified timeframe. If you fail to do so, FairFair reserves the right to cancel all of your bookings.
  4. 9.4 FairFair provides various payment methods, including but not limited to, bank transfers and credit cards. If you pay by bank transfer, you must provide proof of the transfer to show that you have paid the service fees according to the booking information provided by FairFair prior to payment. You must follow the procedures specified by FairFair.
  5. 9.5 If you make a payment through other payment methods such as credit card or debit card, you must follow the procedures specified by FairFair and/or the respective payment service providers.
  6. 9.6 After you make full payment, FairFair will place the order and issue a booking number to you, which will be accompanied by:
    • Ticket ID
    • Customer Name
    • Booking Number
    • Booking Details
    • Contact Phone Number and Email Address

10. PAYMENT BY CREDIT CARDS AND FRAUD

  1. 10.1 When you book Services through the Website or Application, FairFair will charge the full amount from your credit card at the time of booking and confirm the booking (any refunds will be subject to the conditions of the existing reservations). You must review the booking details thoroughly each time before you make a reservation. FairFair will process any refunds (if your booking is eligible for a refund) under the Terms and Conditions of FairFair Co., Ltd., as deemed appropriate. In some cases, you may need to pay the Service Provider directly. To ensure security and prevent the encryption of your credit card information when you enter such information for payment on the website or application, we use encryption protection technology such as PCI DSS Level 1 (Payment Card Industry Data Security Standard), which is a standard mandated for companies providing credit card-related services, established to enhance the protection of cardholder data and ensure the security of your information.
  2. 10.2 In the event that a third party commits credit card fraud or uses your credit card without authorization, you must immediately contact your bank or credit card issuer once you realizing such unauthorized use. In such cases, FairFair has no responsible over any instances of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether the fraudulent transaction was conducted through FairFair’s services, unless the transaction resulted from fraud, negligence, or willful misconduct by FairFair, or as otherwise required by law. FairFair is not obligated to make refunds or reimburse to you as a result of such fraud. As part of our goodwill, we may provide a form of compensation to you under our discretion and approval. You shall only have the right to request compensation only if such reservations have been made through our secure servers, and the fraud or unauthorized use of your credit card resulted from our error or negligence, and you were not at fault while using the secure server or you have a legal right to such compensation. We accept no liability of the fraud or unauthorized use of your credit card If it was done through applications or servers other than our own, or if it is a result from your own error or negligence. If you suspect any unauthorized bookings or fraud committed on FairFair website, please contact FairFair’s Customer Service.
  3. 10.3 To make a reservation with FairFair, you must be of legal age and possess full legal capacity to make the transactions (or have authorization from your legal guardian). You must use your own credit or debit card, issued in your name, and ensure that there are sufficient funds for the transaction costs. Any fees incurred by you for authorizing a transaction that results in an over-drawing of your account are not the responsibility of FairFair.
  4. 10.4 You must ensure that the details you provide to us are completely accurate. FairFair reserves the right to refuse payment with certain credit cards. FairFair can add or remove other payment methods at our sole discretion.
  5. 10.5 In certain cases, we may request additional information or proof of identity for verification to validate and confirm the booking, as detailed on our Website. Reservations are not confirmed until you have received a confirmation email with an e-ticket or voucher, and it is possible that some Sellers or Service Providers may conduct fraud checks using various methods during the booking process. If fraud is detected, or if the seller or service provider deems that fraud has occurred, the booking will be void. FairFair will not be responsible if the Seller or Service Provider cancels such bookings. If you choose not to submit the additional information, your booking will not be complete and will be void.

11. RIGHTS AND OBLIGATIONS

  1. 11.1 FairFair hereby grants the user certain limited rights (referred to as a “Limited License”), which Users cannot transfer or assign to others for accessing or using the website as specified in these Terms. Under this Limited License, we do not grant you, nor do we permit you to use, any other rights or licenses related to the use of the Website. Any rights or licenses not expressly granted by us are reserved by FairFair or third parties who own those rights. FairFair, or our distributors or Service Providers, including but not limited to Sellers or Service Providers (as applicable), own all content available on the website, including data, statistics, articles, images, sounds, graphics, videos, texts, opinions, or other media, as well as the software infrastructure used to provide such content (“Content”). You can use the website to place orders or make bookings, and you hereby guarantee that you will not submit false reservation requests and agree to ensure that the payment information you provide to us is accurate. Additionally, you warrant that the email address, shipping address, and other contact information you provide us are accurate.
  2. 11.2 You agree not to use the Website, Application, or the Content for commercial purposes or for any purposes other than personal use or unlawful purposes (prohibited by law), whether directly or indirectly, or do any actions that violate this Terms. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or resell any information, software, products, or services obtained from the website. Additionally, you agree not to:
    • Use the Website, Application, or the Content for commercial purposes without permission from FairFair.
    • Access, monitor, or copy any Content on the website using technology, software, or any program, whether manually or automatically for any purpose without written permission from FairFair.
    • Take any action that causes or may cause an unreasonable burden on the Website or its infrastructure.
    • Create significant links (including but not limited to steps to conduct purchases or bookings) to the website for any purpose without written consent from FairFair.
    • Resell, use, copy, monitor (such as using or installing spider or scrape programs), display, download, or create any Content, software, products, or services available on the Website for commercial purposes or competitive objectives/activities.
    • Reproduce the Website (through "frame" or "mirror") or establish any part of the Website on any other websites without prior written consent.
    • Send or store any material to or through the Website that violates any laws, regulations, or is media that may support illegal activities or crimes.
    • Send or store any material (including providing any links to other material) that is defamatory, libelous, false, obscene, threatening, slanderous, or otherwise unlawful, or infringes on the rights of others.
    • Send unsolicited messages (spam) or otherwise cause trouble, annoyance, or inconvenience in any manner.
    • Send or store any material that may infringe on intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, or confidential information or publications.
    • Send or store any material prohibited by applicable law or violates the rights and obligations based on contractual relationships.
    • Send or store any media that contains viruses, worms, trojan horses, or other harmful software or code affecting computers.
    • Impersonate any person or entity for any purpose.
    • Manipulate or falsify information with the intent to conceal the origin of statement provided.
    • Use the Website in any manner that could cause damage, disable, interfere with, or disrupt the usage of the Website or other users' computers, or cause damage, interruption, or limit the functionality of software, hardware, or telecommunications equipment.
    • Gain unauthorized access or make unauthorized modifications to the Website, or other related websites, user accounts, computer systems, or networks connected to the Website by hacking, password theft, or any other similar matters.
    • Obtain or attempt to obtain any materials or information by any means that the Website does not intentionally supply (including but not limited to any sources available on the website).
    • Engage in fraudulent activities or actions intended to manipulate search engine results pages (SERPs) or unethical search engine optimization (SEO) practices.
    • Take any action that could significantly impact the Website, FairFair, its affiliates, employees, or the reputation of FairFair.
    • Modify or create derivative works based on the Website and/or the Services, or reverse engineer or access the software base in any case.
    • Use the Website to create products or services that compete with us.
  3. 11.3 By placing an order through the Website, you hereby represent and warrant that you are not subject to any prohibitions or restrictions under any applicable sanctions program or subject to any penalties under anti-money laundering regulations.

12. INTELLECTUAL PROPERTY RIGHTS

  1. 12.1 FairFair, or the sellers or service providers, or third parties having commercial arrangements with FairFair, own all intellectual property rights related to the content on the website ("Intellectual Property Rights"), including but not limited to copyrights, patents, domain names, trademarks, service marks, logos, symbols, or other designs etc. All information and material are prohibited from publishing, modifying, copying, reproducing, duplicating, or altering, including but not limited to software, text, data, graphics, images, audio, video, trademarks, logos, symbols, homepage code (HTML code), and other codes on the website without written permission from FairFair. If you violate any of the aforementioned rights, FairFair reserves the right to claim civil damages or any losses in full. Violating this agreement may also result in criminal offenses.
  2. 12.2 FairFair and/or its affiliates are the owners of certain Intellectual Property Rights unless otherwise specified in these terms. These terms shall not be construed to imply that FairFair and/or its affiliates grant or permit you to use, possess, distribute, or modify any of FairFair's Intellectual Property Rights. However, third parties may own or permit FairFair to use other products or company names displayed on the website, including names, trademarks, service marks, logos, symbols, or other designs. The use of third-party Intellectual Property Rights displayed on the website does not imply endorsement or support for the use of the website by those third parties. FairFair owns the copyright to the website, and you must not use, possess, distribute, or modify any Intellectual Property Rights owned by FairFair and its affiliates without explicit permission from FairFair.
  3. 12.3 All Content is protected by copyright laws. We and our licensors own the copyrights and/or other rights related to the selection, coordination, arrangement, and modification of the Content and original content. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, unless you have obtained explicit written consent from FairFair.
  4. 12.4 FairFair is not responsible for any Intellectual Property Rights owned by third parties or for any infringement of third-party Intellectual Property Rights by you or others.
  5. 12.5 You may use the information on the Website only for personal, non-commercial use. Unless specified otherwise and allowed under copyright laws, you may not copy, reproduce, redistribute, retransmit, publish, or commercially exploit any information you download from the Website without permission from the Intellectual Property Rights owner. Even if you are permitted to undertake the aforementioned actions, you shall not modify, alter, or delete any information, and you acknowledge and agree that downloading any Content does not grant you any Intellectual Property Rights to that Content.

13. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

  1. 13.1 In the event that you have evidence of an infringement of your Intellectual Property Rights, you or your representative (collectively referred to as the "Submitter") may send a notice containing details of the infringement and your contact information to us.
  2. 13.2 The Submitter shall send a signed notice to the email address ask@fairfair.co.th and the letter send physically to the following address:
    Fair Fair Co., Ltd.
    107/4 Mu 5, Chiang Mai-San Sai Road
    Nong Pa Khrang Subdistrict, Mueang District
    Chiang Mai 50000, Thailand
  3. 13.3 We will review and address the matter in accordance with the above Terms and the laws of Thailand.
  4. 13.4 You agree to defend and indemnify FairFair from any loss or damage resulting from fraud, forgery, or false accusations of Intellectual Property Rights infringement.

14. REASONABLE EFFORTS

14.1. We will ensure that our Website, Application, and Services are available efficiently. However, in some cases, FairFair may need to temporarily stop or suspend the Services or platform, in whole or in part, for purposes we deem appropriate, including but not limited to repairs, maintenance, or system development. You acknowledge that during each stoppage or suspension, you may experience issues accessing the Website, Application, and Services.

We will use reasonable efforts to notify you of any temporary stoppage or suspension of the Website, Application, and Services as follows:

  1. In the case of planned preparations, we will inform you in advance of the date and time we plan to temporarily stop or suspend the Website, Application, and Services, which may affect the services provided to you, including the duration and reasons for each stoppage or suspension.
  2. In cases of unplanned, urgent, or other than (1), we will inform you as soon as possible of the necessity for temporarily stopping or suspending the Website, Application, and Services, including the details and reasons for each stoppage or suspension.

15. LIMITATION OF LIABILITY

  1. 15.1 You hereby acknowledge and agree that to the extent permitted by applicable law:
    1. The Services and Content of the Website and Application are provided on an "as is" and "as available" basis. FairFair hereby expressly disclaims all guarantee or warranties, whether express or implied, including but not limited to the merchantability of a product or service, and fitness for a particular purpose, and non-infringement of any person's rights (if any).
    2. We do not guarantee that: (i) the functions, services, and security features provided on the Website will be uninterrupted or error-free; (ii) errors or failures will be repaired; or (iii) the Website or service-related servers will be free of viruses, malware, or other harmful components.
    3. We do not guarantee the accuracy, authenticity, integrity, or quality of the Content, Website, or resources available to and from the Website, including but not limited to, guaranteeing that the content, website, or resources are free from source material that is malicious, indecent, or controversial.
    4. We do not guarantee or warrant that you will be granted valid travel permits applicable to you. We do not have any responsibility to notify you or compensate you in the event you suffer any damage or loss arising from your failure to obtain visas or permits for travel (including but not limited to refusal entry into the destination country or deportation).
    5. Any material downloaded or received otherwise through the use of Service is your sole responsibility and risk. You voluntarily assume the risks and shall be fully responsible for any damage or loss arising from or related to such material, including any damage to your computer system or loss of data resulting from downloading such material provided by us.
    6. Without prejudice to what is specified in these Terms and subject to Section 13.2, we shall not be liable for any losses or damages, whether direct or indirect, resulting from or in connection with your use of the Website or the use of any links on the Website or Application, including but not limited to special, incidental, punitive, or consequential damages, or any other economic loss, even if we have been advised of the possibility of such loss or damage that may occur.
  2. 15.2 These Terms do not limit or exclude liability in the following cases:
    • Liability of either party to the contract in cases where anyone suffers death or injury from the intentional misconduct of that party.
    • Cases involving fraud.
    • Liability in other cases to the extent that the law does not allow limitation or exclusion of liability.
  3. 15.3 You hereby agree to indemnify and hold FairFair, its affiliates, employees, and partners harmless from and against any and all claims, liabilities, damages, losses, and legal fees arising from or related to claims made by third parties arising out of or related to:
    • (a) your use of the Website;
    • (b) the Content we provide or make available through the Website;
    • (c) your failure to comply with these Terms;
    • (d) your violation of rights or obligations; and/or
    • (e) your actions or omissions, whether negligent, unlawful, or otherwise.
    Please note that we will indemnify you by terminating your use of the Website.
  4. 15.4 The Website may contain links to websites operated by parties other than FairFair. We do not control these websites or links and are not responsible for their content, privacy practices, or other activities. We, or other third parties, may upload automated search results or provide links to other websites. We provide opportunities for third parties to upload, send, or provide various content on the Website. We do not review and/or do not have control over the websites, sources, and content. You agree that we are not responsible for the content or availability of third-party websites and resources, and we do not endorse or recommend them. We are not responsible for the origins of third-party websites or their content. You hereby agree not to make any claims against us regarding any liabilities, expenses, losses, or damages, whether direct or indirect, arising from or alleged to be related to the use of or reliance on such content, websites, or resources.
  5. 15.5 FairFair reserves the sole and absolute discretion to change, postpone, suspend, or terminate the operation of the Website and/or any part of the Website, including Services and/or the use of the Website or any part thereof, at any time and for any reason without prior notice to you.
  6. 15.6 In the event of termination, both you and FairFair remain bound by the obligations outlined in these Terms, including but not limited to representations and warranties, indemnities, disclaimers, and liability limitations that you have agreed to regarding the Services we provided to you but which have not been fully completed as at the date of the termination.
  7. 15.7 FairFair will not be liable to you or any third party regarding the termination of these Terms or the suspension of your access to the Website.
  8. 15.8 You agree and consent to our collection, use, disclosure, or processing of your personal information as outlined in the Privacy Notice.

16. PERSONAL DATA PROTECTION

The Privacy Notice is considered an integral part of these Terms. Please review and study the Privacy Notice, which also governs your use of the Website, to understand our practices.

17. GOVERNING LAW

These terms (and any and all disputes or claims arising out of or in connection with this Term (including but not limited to allegations of breach of the Terms or disputes regarding their validity and enforceability)) shall be governed by and interpreted in accordance with the laws of Thailand.

18. COMPLAINT HANDLING AND DISPUTE RESOLUTION

  1. 18.1 If you wish to file a complaint, have a request, are affected by our Services or the services of sellers or service providers, need assistance from us, or want to contact us regarding any matter under these Terms or any other matter related to the Website, Application, and/or our Services ("Issue"), you can contact us through the following channels:
    • Inquiry form on the Website or FairFair application
    • Call Center: +66-053-142-888
    • Email address: ask@fairfair.co.th
  2. 18.2 Upon receiving notification of an Issue as described in Section 18.1, we will proceed as follows:
    • FairFair will inquire about and investigate the facts of the Issue, coordinating with relevant internal departments to follow up, assist, and preliminarily resolve your Issue.
    • The relevant internal departments will verify the facts and supporting evidence of the Issue and/or contact the travel service provider if the Issue is related to the services of a service provider.
    • Once our internal review is complete and/or we have received recommendations from the service provider, we will promptly get back to you via the communication channel you initially used to contact us.
    We will respond to you within 24 (twenty-four) hours from the time you first contacted us. You acknowledge that our initial response or feedback within the aforementioned period may only provide preliminary information on resolving the Issue. We may take longer to assist you, depending on the time required by the seller or service provider and/or FairFair (as applicable) to review and resolve the specific Issue. However, we will make our best effort to address and resolve your Issue within 90 days from the date of notice.
  3. 18.3 In the event that we are unable to resolve the Issues described in Section 18.1 by the methods and within the timeframe specified in Section 18.2, or if a dispute arises from or relates to these Terms, both parties shall engage in friendly and good faith discussions within 60 (sixty) days from the date of the notice of dispute from the other party.

    However, if the parties are unable to reach an agreement to resolve the dispute within 60 (sixty) days, the dispute shall be referred to mediation before a court of competent jurisdiction in Thailand.

    If the dispute remains unresolved after good faith mediation efforts, the dispute shall be submitted to a court of competent jurisdiction in Thailand.

19. MISCELLANEOUS

  1. 19.1 These Terms constitute the entire agreement and understanding between you and FairFair regarding the agreements between the parties and supersede any prior agreements, whether written or oral, between you and FairFair regarding such matters.
  2. 19.2 If you use the Website on behalf of or in the name of another person ("Third Party"), such as a family member or travel companion, you shall be responsible for any errors arising from inaccuracies of the information provided in relation to such use. Additionally, you shall inform the Third Party of these Terms and all related agreements and conditions. By using the Website on behalf of or in the name of a Third Party, you agree to indemnify and hold FairFair harmless from and against any losses, damages, claims, and legal fees that arise from or are related to your or the Third Party's breach of these Terms or negligence.
  3. 19.3 The Thai version of these Terms shall prevail. Any translations of these Terms are provided for convenience and reference purposes only. In the event of any conflict between the Thai version and any translation, the Thai version shall govern. The headings in these Terms are provided for convenience only and shall not affect the interpretation or enforcement of these Terms.
  4. 19.4 In the event that any provision of these Terms is found to be unenforceable or invalid by any court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible under applicable law, and such determination shall not affect the enforceability or validity of the remaining provisions. An equivalent provision that best matches the original intent of the invalid provision shall replace the unenforceable one.
  5. 19.5 At any time, if either party does not demand the other party to comply with these provisions, it shall not be interpreted as that party waiving any rights they may have to claim under these provisions regarding a breach of contract or other rights under these provisions. Nor shall it be interpreted as waiving any rights that may arise from continuation, succession, or violation of any provision or other provisions of that party.
  6. 19.6 You may not assign any of your rights or obligations under these Terms without our prior written consent.
  7. 19.7 Any communication or notice under these Terms shall be deemed sufficiently given if in writing and delivered by registered mail or equivalent delivery service to the address of the other party (to our registered address or as otherwise notified). FairFair may send notices to you through general announcements on the Website or to your email address provided in your user account. You must send notices to FairFair via registered mail or equivalent delivery service (to the registered address or other addresses as notified by us).

20. FORCE MAJEURE

  1. 20.1 FairFair shall not be liable for any failure to perform or breach of these Terms, such as transaction failures, website access limitations, or any damages or risks incurred by users arising from any actions or situations beyond reasonable control of either you or us ("Force Majeure"). Force Majeure includes, but is not limited to, natural disasters (floods, earthquakes), epidemic outbreaks, terrorism, war, military operations, sabotage, embargo, strikes, riots, lightning, hurricanes / typhoons / cyclones, dissolution or insolvency of regular passenger transport companies, airlines, or hotels, cyber-attacks, and others.
  2. 20.2 FairFair shall not be responsible for any damages or losses incurred by any party due to a Force Majeure event.

21. CUSTOMER SERVICE AND FAQ

  1. 21.1 If you have any further questions or need additional explanations regarding website usage, transactions, booking or purchasing products on the website, application, these terms, or require special assistance from us, please refer to the FAQs or contact the Customer Service team in Section 18.1.

Certain products offered for sale on the Website are subject to terms and conditions accessible. By agreeing to these Terms, you agree to accept the subsidiary terms. If you are unsure whether your reservation is subject to subsidiary terms, please contact us for confirmation before proceeding with the transaction or completing a reservation on the website.

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