TERMS OF USE

Thank you for visiting www.ZiZInspire.com. This Site is owned and operated by ZiZ Asia Co Ltd, a registered limited company in Thailand. For the purpose of our Booking Conditions and General Terms and Conditions, references to “we,” “our,” and “us” mean ZiZ Asia Co Ltd. References to “you” and “your” mean the lead and contracting member of the booking party. To eliminate doubt, the lead and contracting member of the booking party is the person who books the Event, Sporting Activity, Recreational Activity, Tour or Package (“experience”) with ZiZ Asia Co Ltd, arranges payment to ZiZ Asia Co Ltd (whether or not that payment is made by the lead and contracting member of the party) and receives ZiZ Asia’s booking confirmation invoice and/or any other documentation relating to the experience contract.

By using The Site you are agreeing to the following “Terms of Use” and “Booking Conditions” (Terms). The Company reserves the right to amend, revise or update the User Agreement Terms and Booking Conditions at any time and without prior notice to you. As a visitor to The Site it is your responsibility to carefully review the Terms of this User Agreement each time you use The SIte.

USE OF THE SITE

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes, to learn about ZiZ Asia Co Ltd’s products and services, to contact, send booking requests and enquiries to ZiZ Asia Co Ltd for products and services advertised on The Site.

No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ZiZ Asia Co Ltd reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

LIMITED RIGHT TO USE

Subject to the terms and conditions set forth in this User Agreement, we hereby grant to you a non-exclusive, limited, non-transferable and revocable license to view, print and download Content from our Website solely for:

1. Your personal and noncommercial use
2. Purposes of enabling you or your company to purchase products or services offered through The Site.

You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through The Site.

COPYRIGHT AND TRADEMARK NOTICES

The Site and the Content are protected by international copyright laws. Unless otherwise stated all Copyrights belong to and are wholly owned by ZiZ Asia Co Ltd.

You May:

• Download and reprint Content for non-commercial, non-public and personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ZiZ Asia Co Ltd.

You May Not:

• Copy, redistribute, use or publish any such matters or any part of The Site, except as permitted under this User Agreement
• Manipulate or alter in any way images or other Content on the Site either manually or with automated software programs and or content generators without specific permission from ZiZ Asia Co Ltd or the copyright owner.

ZiZ Asia Co Ltd retains the right to investigate copyright violations by offending website owners and to take appropriate actions including and not limited to: Reporting violations to their hosting companies and or contacting any search engine or directory for appropriate action including the closing of the hosted site's hosting account and or possible removal from the search engine or directory.

Trademarks and Logos

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ZiZ Asia Co Ltd of the third party, the third-party web site, or the information contained therein unless otherwise noted. ZiZ Asia Co Ltd is not responsible for the availability of any such web sites.

ZiZ Asia Co Ltd is not responsible or liable for any such web site or the content thereon. If you use the links to other websites, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. We strongly recommend that you read and fully understand the Terms and Conditions and Privacy Policies pertaining to such 3rd party sites before interacting with them.

Downloading Files

ZiZ Asia Co Ltd cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Disclaimer of Warranties

ZIZ ASIA CO LTD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. ZIZ ASIA CO LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ZIZ ASIA CO LTD DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ZIZ ASIA CO LTD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

IN NO EVENT WILL ZIZ ASIA CO LTD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY APPOINTMENTS OR SESSIONS MADE VIA THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ZIZ ASIA CO LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR COUNTIRES, ZIZ ASIA CO LTD IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Extreme Sports Zone Ltd, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

Privacy Policy

Please read the complete privacy policy as regards ZiZInspire.com: ZiZ Inspire Privacy Policy

User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

User Supplied / User Generated Content

User agrees that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give ZiZ Asia Co Ltd the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

General Provisions

a) Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ZiZ Asia Co Ltd of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ZiZ Asia Co Ltd therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ZiZ Asia Co Ltd does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c) Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, ZiZ Asia’s Privacy Policy, your use of the Site, any other web site, Blog or Forum owned and/or operated by ZiZ Asia Co Ltd or the Content are governed by, and will be interpreted in accordance with, the laws of the Kingdom of Thailand, without regard to any conflict of laws provisions.
d) Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

Booking Conditions

Introduction

Thank you for visiting www.ZiZInspire.com, a site owned and operated by ZiZ Asia Co Ltd. Within ZiZ Asia’s Booking Conditions, references to “Packages” and “Experiences” mean Events, Sports, Recreational Activities, Tours and Travel Packages as advertised on ZiZInspire.com whilst references to “Arrangements” is your collective Trip Plan. References to “we,” “our,” and “us” mean ZiZ Asia Co Ltd. References to “you” and “your” mean the lead and contracting member of the booking party.

To eliminate doubt, the lead and contracting member of the booking party is the person who books the Event, Sporting Activity, Recreational Activity, Tour or Package (“experience”) with ZiZ Asia Co Ltd, arranges payment to ZiZ Asia Co Ltd (whether or not that payment is made by the lead and contracting member of the party) and receives ZiZ Asia’s booking confirmation invoice and/or any other documentation relating to the experience contract.

Please read these booking conditions carefully which form an important part of contracts created when making bookings and reservations with ZiZ Asia Co Ltd. All “Packages” advertised by us within our websites, brochures and downloadable documents are offered to you by ZiZ Asia Co Ltd in their capacity as a Thailand registered Planning and Travel Agency. For more details pertaining to specific Packages advertised on The Site and the capacity in which The Company represents that “Package” and its role and responsibilities therein, please contact us at ZiZ Asia Co Ltd.

1. Bookings & Contract

In all cases unless specifically stated your contract is with ZiZ Asia Co Ltd of 55/68 Moo Ban Sakoontorn, Soi Wacharapon, Tareng, Bang Khen, Bangkok 10220, Thailand (ZiZ Asia), TAT No.: 14/00896.

The person making the booking (the “lead name”) accepts these booking conditions on behalf of everyone in their party. If booking proceeds, we will issue a Confirmation Invoice. If you receive the Confirmation Invoice and you are not happy to proceed with the booking, all documentation should be returned to us within 7 days of receiving it. Your booking will be cancelled and your monies will be returned in full. This ‘cooling off’ period does not apply if booking within 90 days and/or for bookings that fall within Peak Season. If you book within 90 days of departure all travel arrangements made on your behalf by ZiZ Asia Co Ltd must be settled in full.

A contract will exist between us as soon as we receive full or part payment (depending on when the booking is made relative to the intended departure date). By making the booking you accept that you have the authority to bind all members of your party to these terms and conditions of booking. ZiZ Asia will not be responsible for any charges that may arise due to an unreasonable delay in notifying us about errors and discrepancies within your confirmation invoice.

The Site is designed for use by persons 18 years of age or older and does not actively target minors. Bookings, reservations and all other arrangements can only be made by persons 18 years or over and are confirmed upon receipt of a minimum and non refundable deposit or full payment. Payment Terms are specific to each booking and are released with the Confirmation Invoice.

Your personal safety is of paramount importance to us and it is vital that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the arrangements.

Payment & Payment Schedules

Without exception, a deposit is required to make a booking. Confirmation of Bookings and deposit amounts required are subject to the Payment Terms applicable to each individual booking. Where Arrangements and Experiences include the provision of regional flights and other items that require full payment to be made, the total balance shall be included with the booking deposit.

All Bookings and Arrangements are secured and confirmed in accordance with the Booking Schedule that is defined within the Confirmation Invoice. Arrangements are fully confirmed upon receipt and clearance of the entire balance owing and full payment must be made within 90-days of arrival. Failure to pay the balance owing for your Arrangements and Experiences within 90-days of arrival renders your Arrangements “unconfirmed”. In such instance, travel documentation and confirmation vouchers shall not be issued and we reserve the right to treat your booking as cancelled. The Company takes no responsibility for lost availability due to delayed invoice settlement.

Payment must be made in the currency of the invoice and you will be responsible for any bank charges that may be incurred. Payment for your experience can be made by bank transfer, debit or credit card, the details of which are supplied within the confirmation invoice. Please note that all payments made by credit card (whether deposits, part payments or final balances) will be subject to a levy of 3.25%. In all cases, a booking will not be confirmed until we are in receipt of cleared funds. Where payment is made by credit card, we reserve the right to pass on the appropriate bank processing charge (between 0%-3.5%) when your deposit and balance payments are made. For your peace of mind, our site is protected by Thawte and all card payments are encrypted using the internationally accepted security system, SSL.

Upon receipt of a Trip Plan Proposal and Invoice please check the details carefully and inform us immediately if anything is incorrect including how the names of each members of your party are spelt. Travel documents are emailed to you approximately 2 weeks before arrival and the beginning or your trip plan with ZiZ Asia Co Ltd, but will not be issued unless final payment has been received and cleared.

Gift Vouchers are issued upon full receipt of payment that includes a postage fee for registered post. Gift Vouchers are forwarded to the purchaser or nominated recipient in hard copy and by registered post. ZiZ Asia accepts no responsibility for hard copy Gift Vouchers that are lost in the post but will be willing to provide proof that the vouchers were in fact sent. Additional costs will be incurred and forwarded to the payee for settlement if ZiZ Asia Co Ltd is asked to reissue and re post gift certificates.

Insurance

Please Note: All Arrangements made on your behalf by ZiZ Asia Co Ltd are Conditional. It is compulsory and part of ZiZ Asia’s Booking Conditions as described within this document that all named members of the party who have been included in the Arrangements have obtained adequate and valid travel insurance by the date of departure.

It is also a condition that the person who paid ZiZ Asia Co Ltd for all Bookings, Reservations and Arrangements:

1. Did so with full and complete understanding of all details included in the Arrangements / Trip Plan / Event Plan and associated risks therein including but not limited to the possibility of injury, illness or death caused by whatever reason or situation.
2. Has informed and instructed each member of the named party included in such arrangements of activities, sports and pursuits that have been included in the Arrangements / Trip Plan which may be considered high risk by insurance companies thus potentially requiring separate / additional insurance coverage and that each member of the named party has responded accordingly by obtaining all necessary and adequate insurances by the date of departure.
3. Has notified ZiZ Asia Co Ltd of any illness, disability or pre-existing medical condition that affects any member of the named group and which could have a bearing on the group’s safety, welfare, enjoyment of or ability to participate in a chosen experience.

NO BOOKINGS, RESERVATIONS OR TRAVEL ARRANGEMENTS MADE ON YOUR BEHALF BY ZIZ ASIA CO LTD INCLUDE PERSONAL INSURANCE; TRAVEL, HEALTH, MEDICAL OR OTHERWISE. IT IS THE SOLE RESPONSIBILITY OF EACH MEMBER OF THE NAMED PARTY TO OBTAIN ADEQUATE AND VALID INSURANCE BY THE DATE OF DEPARTURE. THIS CONSTITUTES A CLAUSE WITHIN OUR BOOKING CONDITIONS AND IS THEREFORE CONTRACTUALLY BINDING AND APPLICABLE TO ALL ARRANGEMENTS MADE ON YOUR BEHALF BY ZIZ ASIA CO LTD.

Passports, visas and health requirements

We will, upon request, provide you with general information relating to passport, visa and health requirements for the destinations we feature. In some instances this may be limited to providing contact details for the relevant embassy or consulate. It is your responsibility to:

• Ensure that you and your party will be able to obtain, and will be in possession of, all necessary travel documents/visas in advance of travel.
• Ensure that you and all members of your party will be able to comply with all health requirements for the destination concerned.
• Pay all costs associated with obtaining such travel and health documents

We will not accept liability if you or any member of your party is refused entry into any country or transport due to failure on your/their part to carry correct documentation or to comply with relevant health requirements. Any fines, surcharges or other financial penalties directed at us due to failure on your part to procure all necessary travel and health documentation will be forwarded to you who agree as part of these Booking Conditions to reimburse us entirely within seven days of being notified.

Changes and Cancellations by you

Changes & Amendments

If you wish to change your booking in any way we will try to comply with your requests but we do not guarantee that changes can always be made. Where Changes & Amendments to your Arrangements are possible you are solely responsible for all additional charges incurred whether made by us or any of the suppliers involved in the overall Arrangements and these costs may include an Administration Fee of not more than 3,000 Thai Baht. Where the price of your Arrangements depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people going. You will be required to pay the increased price.

We reserve the right to treat any Change & Amendment requests received within 60-days of arrival as cancellations complete with all associated cancellation fees. Where you or a member of your party are prevented from participating in your Arrangements made through ZiZ Asia for reasons beyond your control, in some instances bookings can be transferred to another person, subject to our approval. The new person is bound by these booking conditions. If the new person replaces the “Lead” person, the new person takes the place of the “Lead” person by default. We reserve the right to charge an Administration Fee for each requested name change of 4,500 Thai Baht and pass on to you any charges that may be applied by the suppliers of the experience components. Please note that in some cases, such as with certain airline tickets, cancellation charges can equate to 100% of the booking value irrespective of lead time. If you do wish to make amendments & changes to your Arrangements please contact us for a breakdown of all applicable charges.

In addition to amendment and cancellation charges applied by us and/or the suppliers of experience components, you will be responsible for any increased charges arising from changes to accommodation arrangements and/or room occupancy levels.

Cancellation

If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation in writing (email, fax, of hardcopy letter are accepted). We will not, under any circumstance, accept a verbal notice of cancellation by telephone or otherwise. Cancellations can be made at any time for bookings, reservations and arrangements made on your behalf by ZiZ Asia Co Ltd providing that the cancellation is received and acknowledged by ZiZ Asia Co Ltd in writing and signed by the lead name.

From the moment a contract is entered into between us, ZiZ Asia begins to incur costs. Therefore all cancellations are subject to a minimum 10% cancellation fee. Further Cancellation conditions do apply and due to the nature of our product and service portfolio are defined within the Confirmation Invoice detailing your specific Arrangements. The table below provides an example of our Cancellation Terms and is for guideline purposes only. Please see your Confirmation Invoice for actual Cancellation Terms applicable to your arrangements. In all instances we will attempt to recover and return maximum costs to you.
 

Where any cancellation reduces the number of full paying guests below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Please note however the minimum number price must be paid for all bookings even if the cost for the number of guests on the booking would otherwise total less than the minimum price.

All communications relating to this contract (in particular any requests to cancel or amend your travel arrangements) must be from the Lead Name in writing, in English, and delivered by hand, fax (+66 2 948 7722), email (team@ziz.asia) or sent by recorded delivery post to ZiZ Asia Co Ltd, 55/83 M.B. Sakoontorn, Soi Wacharapon, Tareng, Bang Khen, Bangkok 10220, Thailand.

Changes and Cancellations by Us

In some instances we are forced to make unavoidable changes to Arrangements both before and after they are confirmed. While every effort is made to avoid this situation we do reserve the right to make such changes. When this occurs such changes are usually minor in nature and might include flight scheduling, carriers and the order of events within your trip plan or venues for example.

When such changes have to be implemented to Arrangements, you are offered the following options:

• Accept the change,
• Accept a replacement package (or amendment to your existing package if its private) of similar value and nature
• Cancel your bookings and reservations without penalty with the exception of changes forced upon us through force majeure or consolidation.

Please note the above options are not available where the change made to Arrangements is construed by us as minor in that the overall Arrangements and standards therein remain unchanged. Our liability for significant changes and cancellations is limited to the above mentioned three options.

Force Majeure includes but is not limited to war, threat of war, riot, civil strife, industrial dispute, acts of God, terrorist activity, health epidemics, natural or nuclear disaster, fire or adverse weather conditions or other similar events beyond our control and that of our suppliers.

Consolidation refers to expeditions, excursions and tours that are dependant on a minimum number of confirmed bookings to make it viable. If the minimum number of bookings is not achieved The Company reserves the right to cancel the expedition, excursion or tour whilst agreeing to provide bookings that have already been confirmed with a minimum of 4 weeks cancellation notice prior to departure.

Where your are intending to join a tour of expedition that is dependant upon Consolidation we strongly recommend that you delay making any additional travel arrangements that are non-refundable or non-changeable or that incur penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.

Changes & Amendments during your Arrangements

Very rarely, after your Arrangements have commenced we or our suppliers may be forced by Force Majeure to change or cancel part or all of your Arrangements. If this does happen then we regret that we will be unable to provide any refunds (unless we receive any from our suppliers), provide monetary compensation or meet any losses or expenses you or any guest(s) incur as a result. We will try to assist you to secure alternative arrangements but you will be responsible for paying any associated and/or additional costs in doing so and arising out of the alternative arrangements.

Cancellations Instigated by Us

It is very rare that we would ever be forced to cancel Arrangements made by us on your behalf and whilst we hope we will never be forced to do so we do nevertheless reserve the right to do so. In such instances notice of cancellation will be issued to you no less than 4 weeks prior to arrival date except where cancellation is due to force majeure or failure on your part to pay the final balance. Where cancellations are necessary because we can no longer provide the package or service, we shall voluntarily return to you all monies paid or where possible offer an alternative tour of comparable or higher standard and compensation if appropriate.

Under no circumstance shall ZiZ Asia Co Ltd be liable to refund any incidental costs incurred for visas, vaccinations or other travel arrangements. If we are forced to cancel your Arrangements after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate.

Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation for amendments, changes or cancellations that have to be made in response to unforeseeable event or circumstance beyond our reasonable control (’Force Majeure’) and where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. Additionally we cannot accept liability or pay any compensation where you/any guest(s) suffer any damage, injury, expense or loss of any description as a result of Force Majeure.

For the purpose of these booking terms force majeure includes but is not limited to war, threat of war, riot, civil disturbance or strife, industrial dispute, acts of God, terrorist activity, health epidemics, natural or nuclear disaster, technical or maintenance problems with transport, machinery or equipment, power failure, fire, flood, drought, adverse weather conditions, levels of water in rivers, airport closure, changes of schedules, operational decisions of transport providers or other similar events beyond our control and that of our suppliers.

Weather Conditions

Climate and weather constitute an element over which we have no control. The provision of favourable weather to allow you to take part in your chosen activities does not form part of our contractual obligations to you. Many of the Arrangements and Experiences that we offer are seasonal whilst others are available all year round. No matter what the season there is a risk that adverse weather conditions will prevent you for participating in your planned Experience and if this happens, you will not be entitled to change or cancel your arrangements without paying our normal charges. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.

Pricing Policy

All advertised prices on ZiZInspire.com are listed as “Price From” and are for guidance only. Prices quoted by our staff are also for guidance only and may be subject to change prior to the booking being confirmed. We reserve the right to increase (surcharge) the price of your experience, to make changes to and correct errors in prices at any time before we receive your signed booking form.

Furthermore, we also reserve the right to increase (surcharge) the price of your experience after your booking has been made in extenuating circumstances only. Such circumstances are defined as increases in transportation costs (including fuel and airfares), dues, taxes (including VAT), fees chargeable for services (including landing taxes and embarkation and disembarkation and security fees at airports), Government action or exchange rate variation. In all cases if such post confirmation surcharge increases the price of your experience by 10% or more you have the right to cancel your experience and to be refunded in full. No surcharges will be implemented within 30-days of your arrival.

Please note that the prices quoted to you apply to the minimum number of people required for the event. The minimum number price must be paid for all bookings. Should the number of people included in the booking exceed the minimum, it is likely that the overall price may increase proportionately. You will be required to pay the revised price. Once your signed booking form has been received then, subject to these booking conditions, the price will not change.

Our Responsibilities to You

In our capacity as a travel agency it is our responsibility to ensure that a reasonable level of professionalism, skill and care is provided by all parties involved in your Arrangements. Standards found in your Experience Destination will adhere to standards of that country and will not be commensurate to or equivalent to the standards of your Country of Residence. We will accept liability for the negligence of our own full time employees only to the extent that we are obliged to do so under the Laws of the Kingdom of Thailand.

Where we are found to be liable for damages caused by our failure to carry out the contract, the maximum amount of such damages will normally be limited to the price paid for overall Arrangements. Any independent arrangements that you make and which are not part of the Arrangements are entirely at your own risk (E.g. Motorcycle Hire, Jet Ski Hire or any other activity that you book independently from us at destination etc).

Any acceptance of liability is subject to you agreeing to assign to us your rights against any third party responsible for the events leading to your claim and to you affording us all necessary assistance in pursuing that claim.

Our Liability

Our agreement with you and the service we provide for you is to source and book your Arrangements for you and on your behalf and in this capacity we promise to use all reasonable skill and care in selecting the supplier(s) who will provide your Arrangements. We have no responsibility for the provision of the actual Arrangements themselves or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors.

Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us.

In all cases our liability to you and your party is subject to the capacity in which we were operating on your behalf (Travel Agency etc) and is limited in accordance with and governed by any applicable international convention of which the Kingdom of Thailand is a member. In all cases our liability will be limited also in accordance with the relevant supplier’s conditions of carriage, copies of which can be provided on request.

(a) We cannot be held responsible for any mishaps to yourself or your property, in particular those arising as a consequence of flight cancellations, Force Majeure, strikes, road accidents, robbery, sickness, quarantine, Government intervention or other such happenings.

(b) We will not accept liability for damages caused by the total or partial failure to carry out the contract if the failure is attributable to you or a member of your group; or unforeseeable or unavoidable and attributable to a third party unconnected to us; the act(s) and/or omission(s) of a third party not connected with the provision of your Arrangements; or the result of circumstances beyond the Company's control; or the result of an event that the Company even with all due care and attention could not foresee or forestall.

(c) We accept no liability to you for (i) any circumstance arising from fault on your part or the part of any member of your party, (ii) any circumstance arising from fault on the part of someone not connected with the provision of the Arrangements. Experience and/or its various components, (iii) any circumstance which arises due to unusual or unexpected circumstances beyond our reasonable control which could not have been avoided, or (iv) any circumstance which arises due to an event which we or the supplier of any service could not anticipate, expect or reasonably prevent;

(d) We cannot accept responsibility for any services which do not form part of your Arrangements. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you/the guest(s) that we have not booked for you/the guest(s) and any excursion you/the guest(s) purchase during the stay. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you/the guests.

(e) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you/the guest would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.

(f) Some of the activities and events we offer are by their nature inherently dangerous. By participating in these you/the guest(s) assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you/the guest(s) other than as expressly set out in these Booking Conditions. You must ensure all guests have personal travel insurance which covers such activities and events.

Complaints

In the event that you or any member of your group had cause to lodge a complaint you should notify the the ground representative / supplier of the activity / experience immediately. If the problem remains unresolved and a solution is unforthcoming you should contact us as quickly as possible to give us the maximum opportunity to rectify it. If the problem and / or your dissatisfaction persists you should formally notify us in writing and define exactly the reasons for your dissatisfaction during your Arrangements or an Experience.

Such formal written notification must be received by us within 14-days after the concluding date of your Arrangements for complaints that do not involve death, personal injury or illness or 30-days for complaints that do involve death, personal injury or illness. Failure to provide us with formal written notification within these periods will affect our ability to investigate your complaint and your right to compensation may be reduced or lost. Any incident of illness or injury arising from an incident connected with your experience should be brought to the attention of the local supplier immediately.

As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you/the guest(s) within four weeks of the receipt of the complaint. In the unlikely event that you/the guest(s) have to pay for an activity or for entrance to a venue booked through us where you had already paid us for this activity then you/the guest(s) must collect a receipt and send it to us in order for us to reimburse those costs.

Behaviour

General

You understand and agree that when you book through us, you accept responsibility for the proper conduct of yourself and all members named in the Arrangements. We reserve the right to terminate your Arrangements entirely if, in our opinion or that of any person in authority, your behaviour is likely to cause distress, damage, danger or annoyance to other customers, other guests, employees, property or anyone else or if you or a member of your group is or appears to be unfit to travel or participate in the Arrangements. In such instance the individual/s will not be permitted to complete the Arrangements nor will we be liable for any refund, compensation or any expenses or costs incurred due to bad behaviour. We do not accept liability for the behaviour of others present at your accommodation, event, activity or experience who are unconnected / not associated with your Arrangements but who are there and sharing the facilities.

Accommodation

The accommodation included in your Arrangements can only be used by those people named on your Confirmation Invoice (or on any Amendment Invoice issued). You are not permitted to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay, except damage caused by persons not known to you. These charges must be met by you and may have to be paid locally.

Activity Leaders, Instructors & Facilitators

If your experience includes a Group Leader, Instructor, Facilitator or is associated with any other authoritative individual it is necessary that you abide by their authority and that of the company that they represent. If you commit any illegal act or if in the reasonable opinion of the leader your behaviour is disruptive, threatening or abusive or is causing or likely to cause danger, distress or annoyance to others we may terminate your travel arrangements without any liability on our part.

Transfers by Air, Sea, Rail or Road

Where you are being transported in a mode of transport that is in control of a person that is responsible for your wellbeing and the wellbeing of fellow passengers (Captains, Skippers, Drivers etc) they have the right to refuse passage if they believe that your behaviour or the behaviour of any member of your party could be disruptive and / or endanger other passengers. Should this occur we treat it as a cancellation of all further Arrangements subject to the extent of our cancellation policy in total absence of refund or compensation. All further travel arrangements will immediately become your responsibility entirely independent from us. If the behaviour of you or your party has incurred expenses such as a diversion deemed necessary to physically remove you or a member of your party the costs will be borne by you entirely and criminal proceedings may also be instigated. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment during the Arrangements, you must advise us of this at the time of booking.

At Destination Support

Based in Bangkok and specialising in Experiences to be enjoyed throughout the region, we offer full destination support to our clients in the form of a helpline. Our offer of support generally ceases when legal proceedings are being brought against you or a member of your group accused of committing a serious criminal offence (i.e. Drug related offences, grievous bodily harm etc) at destination. In such cases we will not compensate for any remaining items and experiences within your confirmed Arrangements.

Substance Abuse

Many of our Events and Experiences featured on ZiZInspire.com demand high levels of concentration and in turn sobriety in order to safely participate without causing a danger to yourself or others. Such events and experiences include but are not limited to all power sports, air sports and extreme sports during which the use of any and all intoxicating substances, legal or otherwise, is strictly forbidden. All suppliers have the right to prevent individuals from participating in activities and experiences that they are providing especially if you or a member of your group is found to be or suspected of being intoxicated or lacking the necessary faculties to safely participate in that Experience. In this instance, under no circumstances shall we be liable to pay you or any member of your group any refund, compensation, costs or expenses incurred by you or any member of your group.

Special Requests & Trip Plan Customisations

We are very flexible with Special Requests and Requests to customize an Experience so that it meets your needs and requirements exactly. Almost all Experiences featured on ZiZInspire.com can be privatized and customized according to your needs and those of your group.

Where you have specific special requests such as room views, high or low floor preferences and diets we will do our utmost to accommodate your special requests. Depending on the nature of your special request there may be additional charges to factor into your Arrangements and we do not guarantee any special requests unless you have received confirmation from us in writing and as part of your overall arrangements.

All special requests should be submitted to us in writing either by email or fax.

Travel Journals, Trip Notes & Itineraries

If we issue detailed Travel Journals, Trip Notes and / or Itineraries for your Arrangements, all the information contained therein will be deemed to be part of the contract. Itineraries can be downloaded from ZiZInspire.com or can be provided via email to you from us upon request as a .pdf document. Should there be a discrepancy between the information on the website and your Travel Journal, the information in the Travel Journal supersedes that on the website and will be considered the most up-to-date and accurate.

Health & Participation Requirements

Some sporting and recreational activities offered by us do require a high level of fitness, strength and endurance. Each package page provides an indication of the “Intensity” of the activity for guideline purposes only. It is your responsibility to decide how suitable an experience is for you and the named members of your travel group.

Some events and experiences are not recommended for those with any disability, illness or infirmity whilst participating in Extreme Sports by nature usually require a higher than average level of fitness. Furthermore it is your duty and a condition of our booking conditions that you inform us of an existing medical condition, allergy or disability which may affect participation in the experience. Some Experiences are inherently dangerous and by booking such Experiences you confirm and agree that you and all members of your travel group accept the inherent risks. Whether perceived to be dangerous or not, by confirming Arrangements with us you also confirm that you and all members of your group have satisfied yourselves that you are sufficient fit and able to complete all activities included within the Arrangements.

ZiZ Asia can only offer advise on mandatory health requirements, we are not medical experts. If in our reasonable opinion we believe that your Arrangements include items which are unsuitable for you and your group we reserve the right to refuse to accept the booking. Criteria in such a decision might include:

• Medical conditions and Disabilities
• Absence of a person who could provide all the assistance members of your group may reasonably require

It is your responsibility to ensure that you obtain professional medical advice prior to arrival and commencement of Arrangements to ascertain whether you and your party are fit and healthy enough to travel to your chosen destinations and to participate in your chosen activities. We will not be liable to you or any other member of your party if you have failed to obtain such medical clearance and you are denied entry to a country featured in your Arrangements for health reasons or suffer personal injury or death. In such instance we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel package. Clients with existing medical problems, pregnant women and anyone who has recently travelled to foreign countries should consult their general practitioner.

If you have failed to inform us about a medical condition or disability within your party and we discover such information after your arrangements have been confirmed or over the dates of your arrangements and if, in our opinion, participation in an Experience or Activity would place an individual or your party at unnecessary risk we reserve the right to cancel your Arrangements or all remaining Arrangements with immediate effect and impose our cancellation policy to its full extent.

Children

ZiZ Asia does not provide any services to unaccompanied minors (those under 18 years of age). Age restrictions are clearly indicated on each individual Experience page on ZiZInspire.com as a guideline for parents and guardians the final decision being at their discretion. Where minors meet the requirements for participation in an Experience we permit them to do so only if they are accompanied by a parent or guardian who accepts full and unconditional responsibility for them, their welfare and safety. In some instances we do require parents or guardians to sign Waivers as a booking condition where minors are concerned.

Experiences and Activities

Arrangements made on your behalf by us generally consist of one or more Experiences or Activities complete with additional services such as accommodation, transfers and regional flights as requested. Each Experience and Activity is handpicked for inclusion and we undertake to use all reasonable skill and care in our selection of experience and activity suppliers. If you choose to purchase further experiences, excursions and activities at the Experience Destination independent from us, these will not form part of the experience or Arrangements that we have made on your behalf and your contract for such additional experiences, excursions and activities will be between you and the local supplier that you purchased it from.

Terms and Conditions of Suppliers

Many of the experiences that we offer on ZiZInspire.com are provided by independent suppliers, tour operators and activity providers. These suppliers provide their services in accordance with their own terms and conditions which in some cases may limit or exclude the suppliers liability to you. If you are concerned about a particular experience and would like to know more about the Terms and Conditions which govern it please contact us and request such information.

Safety standards

We hand pick the suppliers and experiences offered on ZiZInspire.com and safety is our biggest criteria when going through the selection process. However, most of our experiences take place in Asia and many of them in Lesser Developed Countries where the requirements and standards are not commensurate to those of your home country but are inline with those of the host country.

Website Descriptions, Information & Quotes

Every effort is made to ensure that the information and descriptions on ZiZInspire.com are accurate and not misleading. Over time descriptions and information are subject to change and we reserve the right to make all applicable changes to the website, its descriptions and the information it contains at any time and without prior warning or notification. Where descriptions and information are changed or altered subsequent to your confirmed booking and which affect the material description of your booking every effort will be made to inform you of such changes prior to your departure.

We make no guarantee that the Descriptions and Information on ZiZInspire.com are entirely error free. While descriptions and information are posted in the best of faith we do not accept any liability for any errors or omissions except where such errors and omissions have arisen through negligence on our part as a company or an individual employee whilst they were in full time employment with the company. We reserve the right to make changes to, alter, amend and correct any content published in ZIZInspire.com at any time.

Where location is concerned, some activities, challenges and experiences are flagged within a city destination (e.g. Bangkok) when in fact the activity takes places beyond the cities periphery. Such experiences, challenges and activities are purposefully apportioned to a destination if we consider that they are within a reasonable distance from that destination. A reasonable distance is normally but not always within 30 miles or 50Km from that destination. Depending on your requirements our service can include all accommodation and transfers designed around your needs. Where location of an experience, challenge or activity is an important factor please request details of the exact location of any chosen Experience at the time of booking.

Law and Jurisdiction

This Agreement and all matters arising out of it shall be construed and governed according to the Laws of the Kingdom of Thailand and shall be subject to the exclusive jurisdiction of the Courts of Thailand.

Documentation

All Booking Confirmations and Trip Plans pertaining to your Arrangements will be sent to you by email at least 2 weeks prior to departure.

Memberships

ZiZ Asia is a registered Tourism Authority of Thailand (TAT) travel specialist (TAT No.: 14/00896) and as such we are obliged and bound to maintain a high standard of service to you as defined within TAT’s Code of Conduct.

Foreign Office Advice

If you are at all concerned about travelling to any of the destinations included in our Experiences and outlined Arrangements you are strongly advised to contact your own country’s travel advisory service before committing to the Arrangements that we are offering. Whilst we will not send you to destinations that are at war or present a very real danger, individual countries do list certain destinations as being perceived high risk where a specific nationality is concerned and you are responsible for establishing the suitability of a destination through your Foreign Office prior to establishing a contract with us.

Registered office

Our registered office is: 55/68 M.B. Sakoontorn, Soi Wacharapon, Tareng, Bang Khen, Bangkok 10220 Thailand.