Terms and conditions.
Communications between us.
For bookings made directly with us online we shall send our confirmation invoice and any
applicable amendment or cancellation invoice to you by email. If you have booked directly with us
by phone we shall also send these documents by email if you have indicated at the time of booking that you would prefer us to do so otherwise we shall send these documents by post. If you contact us by email (for example with a query relating to your booking), you authorise us to reply using the email address you have used to contact us. You must accordingly check you r e-mails on a regular basis.
Not all communications can go by e -mail – for example tickets will usually be sent to you by normal post.
We may also contact you by post if we cannot, for whatever reason, contact you by e-mail or you
have booked directly by phone and have chosen not to be contacted in this way. References in these Booking Conditions to “send” include e -mail and post, as appropriate. If you wish to and you have booked direct with us you may contact us by e -mail for any of the reasons mentioned in these Booking Conditions (for example to request an amendment or notify a cancellation) providing you do so to email@example.com. NB If you have booked through one of our authorised travel agents all correspondence with us must be carried out via your travel agent.
1. Making a booking
Your contract is with Fishsiam Limited (hereinafter called ‘we’ or ‘us’). Before making a booking with us, you must ensure you have read and understood these Booking Conditions (raising any queries you may have with us). By asking us to confirm your booking, you are liable to be regarded as having had the opportunity to do so and to have actually done so before a contract between us comes into existence. When you make a booking, the first named person on the booking must pay us (if booking direct with us) or y our travel agent (if you have booked through a travel agent) deposits or full payment as applicable. Please note: if booking direct with us, deposit payments must be made by either credit or debit card at the time of booking.
A. Bookings made by telephone or in person
A binding contract between us comes into existence when :
1) We (if you book direct with us by telephone) or your travel agent (if you book through one of our authorised travel agents) have received all appropriate payments at the time of booking (if you choose to pay by credit or debit card you must have authorised us or your travel agent to deduct the appropriate payments from your card) or
2) (for bookings made with travel agents only) you have agreed that your travel agent will receive all appropriate payments within 3 working days of your booking having been made
3) We have verbally confirmed the booking to you or your travel agent over the telephone.
In the case of option 2 above, i f your travel agent does not receive all appropriate payments within 3 working days of your booking having been made at the latest, we will cancel your reservation without penalty to either us or you and we will have no further liability to you.
A confirmation invoice will be dispatched to your travel agent or to the first named person on the booking if you have booked direct with us once a binding contract between us has come into existence as set out above.
B. Online bookings
A binding contract between us comes into existence when we have received all appropriate payments from you at the time of booking and we have despatched our confirmation invoice to you.
Please note; all bookings are subject to availability.
Full payment less any deposit pre -paid must reach us not less than ten weeks prior to departure. The first named person on the booking is liable for making full payment for all persons named on the booking (including anyone added or substituted at a later stage). If payment is not received in full by the due date, we will issue a reminder to you if you are booking direct with us or your travel agent. If, within 7 days of our issuing the reminder, we have not received full payment, we are entitled to assume that you wish to cancel your booking and we will retain the deposit paid. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 5 depending on the date we reasonably treat your booking as cancelled. Should you book your holiday through one of our authorized travel agents, all monies you pay to the agent for a flight inclusive holiday with us will be held by the agent
on our behalf until they are paid to us or refunded to you . For all non flight inclusive holidays, all monies you pay to one of our authorised agents will be held by the agent on your behalf until a binding contract between us comes into existence. After that point, your agent will hold the monies on our behalf.
Please note: all transactions made via credit card incur a 2% handling fee (not applicable to debit cards).
Medical conditions and disabilities.
If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us (if you are booking direct) or your travel agent before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us or your travel agent full details in writing at the time of booking. (If you wish to book online you should email or telephone us with these details prior to making your booking online). You must also promptly notify us of any deterioration or adverse change in or development of any medical condition or disability which may affect your holiday. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline the booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
Prices and surcharges.
We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any changes or errors of which we are aware and of the then applicable price at the time of booking.
Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of increases or decreases in transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) and/or in any dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports and/or where our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday.
You have 14 days from the issue date printed on the surcharge invoice to tell us in writing if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of departure.
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
Cancellation by the client
Cancellation shall take effect only when written notification from the first named person on the booking is received by us or your travel agent. In all cases of cancellation the deposit, insurance premium and any amendment charges will be forfeited. If the booking is cancelled 10 weeks or less before departure the following cancellation fees, expressed as a percentage of the total holiday cost excluding insurance premiums and amendment charges, will become immediately payable to us.
Period before Cancellation departure charge when we receive per person your written cancellation.
More than 70 days deposit only
43 to 70 days 30%
29 to 42 days 50%
15 to 28 days 70%
14 days or less 100%
If you or anyone going on holiday with you is unable to go for any reason or decides that he/she does not want to take the holiday, you may transfer t he whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us providing you meet the following requirements:-
(a) You must provide us with full details of who cannot or does not want to go on holiday and who you would like to go instead. We must receive this information from you or your travel agent as applicable at least 14 days before the start of the holiday.
(b) Please see clause 4 for details of any amendment fees and other charges/costs which may be payable.
Any part of the booking not transferred and/or subsequently cancelled will be subject to cancellation charges as detailed above.
(c) Everyone who goes on holiday in place of anyone who was originally due to travel must agree to these Booking Conditions and any other requirements which apply to the holiday before the change can be finalised. If the full price should have been paid when the change is requested but hasn’t been, this must also be paid before the change can be finalised.
Written confirmation from us of cancellation by you will be issued within 14 days of our receiving your written notification of your wish to cancel. Contact us or your travel agent immediately if you do not receive this.
Alteration/Cancellation by Fishsiam ltd.
Arrangements for the holidays on this website and in our brochure are made many months in advance.
Occasionally, we have to make changes to and correct errors in website and/or brochure and other details before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, in no case will we cancel your confirmed holiday less than ten weeks before departure except where we are forced to do so as a result of ‘force majeure or failure on your part to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time). Most changes are minor. Occasionally, we have to make a significant change. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect will have a major effect on your holiday.
Important Note – Force Majeure.
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss as a result of ‘force majeure’. In these Booking Conditions ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include war or threat of war, civil strife, riot, industrial dispute, actual or threatened terrorist activity, natural or nuclear disaster, fire, technical problems with transport, closure or congestion of airports or ports, adverse weather conditions and all similar events outside our control.
It is your responsibility to ensure that all members of your party are in possession of all necessary travel and other documents before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in costs, expenses, fines, surcharges or other financial penalty being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
Damage by and behaviour of the client.
Fishsiam ltd and its employees shall be entitled to recover from you the cost (reasonably estimated if not precisely known) of any damage or loss caused by you either during or after your holiday. If the actual cost of any damage or loss is less than the amount paid by you at the time where only an estimate could be given, the difference will be refunded. Any extra must be paid if the actual cost turns out to be more than was paid at the time. You agree to behave reasonably and not to disrupt the enjoyment of others on holiday with you or prejudice Fishsiam’s reputation with its accommodation or other suppliers. We reserve the right to immediately terminate the holiday of any client whose behaviour, in our reasonable opinion or in the reasonable opinion of any other person in authority, causes or is likely to cause distress, danger or annoyance to other clients, employees or to any third party or damage to property. In the event of such termination, our responsibility for the client concerned immediately ceases and we will have no further contractual obligations towards that person including return travel arrangements. We shall further be under no liability to make any refunds or meet any costs or expenses incurred by you as a result or pay any compensation.
Liability of Fishsiam ltd partnership Thailand.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or 'force majeure'.
Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website or in our brochure and we have not agreed to arrange them and any activity or excursion you purchase in resort.
Fishsiam Ltd does not provide insurance cover for our clients. Customers should ensure that they have suitable and up to date insurance cover on arrival in Thailand.
If you have any special requests, please inform us (if you have booked direct) or your travel agent in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot promise that any request will be complied with unless we or your travel agent (as applicable) have specifically confirmed this to you. For your own protection, you should obtain confirmation in writing from ourselves or your travel agent on our behalf that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your booking, we need to collect certain personal details from you. These details will include, where applicable, the names and addresses of party members, credit/ debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.
We need to pass on your personal details to the companies and organisations who need to know them so that your holiday or other services you have requested can be provided (for example your airline, hotel, other supplier, credit/debit card or insurance company or bank) to you. Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your holiday is to take place or to involve suppliers outside these countries. We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of a promotion). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will use only names and contact details for marketing purposes.
If you do not want us to do any or all of these things, please let us know as soon as possible. We are entitled to assume you do not object to our doing any of the things mentioned in this statement unless you tell us otherwise in writing.
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.
You are generally entitled to ask us (by letter or e -mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.
Should you have a problem or complaint at any time during your holiday, you must report it immediately to the Fishsiam representative and, if applicable, the supplier of any other services concerned who will endeavour to put things right quickly. Any complaint, which is notified verbally, must also be put in writing as soon as possible during your holiday. If you remain dissatisfied, please write to our Customer Service Department at:
Fishsiam ltd customer service dept.
11, Weybridge business centre.
or email us at firstname.lastname@example.org within 28 days of your return from holiday, giving all relevant information. Please include your e -mail address and daytime and evening telephone numbers (if you are happy for us to contact you in this way) as this will enable us to respond to you more quickly. If you are not satisfied with our response we must be informed within another 28 days from the date of our correspondence. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.