Term and conditions

Your Agreement
1.1 This Application (“this Soutchai Travel Application”) is operated by Soutchai Travel Sole Company Limited, a Lao incorporated company. Please read these terms of use (“this Terms of Use”) carefully before using this Application and the services offered by Soutchai Travel Sole Company Limited, its affiliated companies (together, “Soutchai Travel Application”) or the third-party Property (the “Property”) through this Application (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website and (2) persons for whom you make a purchase of the Services.

Change of Terms of Use
2.1 Soutchai Travel’s Modifications

2.1.1 Soutchai Travel reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Soutchai Travel changes or modifies this Terms of Use, Soutchai Travel will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.

2.1.2 Your continued use of this Application after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this Application and/or the Services. It is your responsibility to regularly check this Application to ascertain if there are any changes to this Terms of Use and to review such changes.

2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time.

Access and Use of the Services
3.1 Ownership of Content

3.1.1 This Application, features, contents and application services (including without limitation to any mobile application services) offered periodically by Soutchai Travel in connection therewith are owned and operated by Soutchai Travel.

3.2 Provision and Accessibility of Services

3.2.1 Subject to this Terms of Use, Soutchai Travel may either offer to provide the Services by itself or on behalf of the Property, as described in further detail on this Application. The Services that have been selected by you on this Application are solely for your own use, and not for the use or benefit of any third party. The term “Services” includes but is not limited to the use of this Application, any Services offered by Soutchai Travel by itself or on behalf of the Property on this Application. Soutchai Travel may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Soutchai Travel may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.

3.2.2 Soutchai Travel does not guarantee that the Services will always be available or uninterrupted. Soutchai Travel will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.

Application and Content
4.1 Use of the Content

4.1.1 All materials displayed or performed on this Application including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Application and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.

4.1.2 If Soutchai Travel agrees to grant you access to this Application and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Application in accordance with this Terms and Use. Soutchai Travel may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Application.

4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Application and the Content accessed through this Application, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.

4.2 Soutchai Travel’s Liability for the Application and Content

4.2.1 Soutchai Travel cannot guarantee the identity of any other users with whom you may interact with in the course of using this Application. Soutchai Travel cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Application is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

4.2.2 Under no circumstances will Soutchai Travel be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Application.

Intellectual Property Rights
5.1 Intellectual Property

5.1.1 All intellectual property rights subsisting in respect of this Application belong to Soutchai Travel or have been licensed to Soutchai Travel for use on this Application. This Application, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Application and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Application or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Soutchai Travel or from the copyright holder identified in such Contents copyright notice.

User Submissions
6.1 Uploading of Information

6.1.1 In the course of accessing this Application or using the Services, you may provide information which may be used by Soutchai Travel and/or the Property in connection with the Services and which may be visible to other users of this Application. You understand that by posting information or content on the Application or otherwise providing content, materials or information to Soutchai Travel and/or the Property in connection with the Services (“User Submissions”): (a) You hereby grant to Soutchai Travel and the Property a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Application and Soutchai Travel’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize Soutchai Travel to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of this Application a non-exclusive license to access your User Submissions through this Application, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Application and under this Terms of Use; (d) You acknowledge and agree that Soutchai Travel retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Soutchai Travel does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through this Application is the sole responsibility of you and that Soutchai Travel will not be liable for any errors or omissions in any content.

Users Representations, Warranties, and Undertakings
7.1 Use of this Application and the Services

7.1.1 You represent, warrant and undertake to Soutchai Travel that you will not provide any User Submissions or otherwise use this Application or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Soutchai Travel’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Soutchai Travel; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

7.2 Removal of User Submissions

7.2.1 Soutchai Travel reserves the right to remove any User Submissions from this Application at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Soutchai Travel is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.

7.3 Responsibility for User Submissions

7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Application.

7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Application. You represent, warrant and undertake to Soutchai Travel that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Soutchai Travel to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by this Application and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Soutchai Travel’s use of the User Submissions, or any portion thereof, on or through this Application and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.

7.3.3 You are responsible for all of your activity in connection with using this Application and/or the Services. You further represent, warrant and undertake to Soutchai Travel that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Application and/or the Services; or (b) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Application; or (c) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (d) Run mail list, listserv, or any other form of auto-responder, or “spam” on this Application, or any processes that run or are activated while you are not logged on to this Application, or that otherwise interfere with the proper working of or place an unreasonable load on this Application’s infrastructure; or (e) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of this Application; or (f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Application.

7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Application and/or the Services.

Registration and Security
8.1 Opening of the Soutchai Travel Account

8.1.1 In the course of using the Services, you may be required to open and maintain an account with Soutchai Travel (“Soutchai Travel Account”).

8.2 Provision of Personal Information

8.2.1 As a condition to using some aspects of the Services, you may be required to register with Soutchai Travel and select a password and user name (“Soutchai Travel User ID”). If you are accessing the Services through a Third Party or service, Soutchai Travel may require that your Soutchai Travel User ID be the same as your user name for such Third Party or service.

8.2.2 You shall provide Soutchai Travel with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Soutchai Travel Account.

8.2.3 You represent that you shall not: (a) Select or use as a Soutchai Travel User ID a name of another person with the intent to impersonate that person; or (b) Use as a Soutchai Travel User ID a name subject to any rights of a person other than you without appropriate authorization.

8.2.4 Soutchai Travel reserves the right to refuse registration of or to cancel a Soutchai Travel Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.

Reviews – Further correspondence – Rights to User Content
9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing emails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Soutchai Travel platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account will be awarded Soutchai Travel credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of Soutchai Travel credits. Soutchai Travel further reserves the right to deduct any credits directly from your Soutchai Travel account without prior notice.

9.2. By posting a review, you grant Soutchai Travel the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Soutchai Travel reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.

9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that

9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;

9.3.2. Such content is accurate and not misleading; and

9.3.3. Use and posting or other transmissions of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.

9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.

9.5. You further grant Soutchai Travel the right to pursue at law any person or entity that violates your or Soutchai Travel ‘s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.

9.6. Content submitted by users will be considered non-confidential and Soutchai Travel is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Soutchai Travel reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Soutchai Travel is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Soutchai Travel. Soutchai Travel shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details.

Booking Confirmation, Tickets, Accommodations, Tours, Restaurants, Vouchers, Fees and Payment
10.1 Booking Confirmation

10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Application is solely for reference only. The actual time required for confirmation may vary.

10.2 Additional Charges

10.2.1 Soutchai Travel reserves the right to require payment of fees or charges for any Services offered by Soutchai Travel. You shall pay all applicable fees or charges, as described on this Application in connection with such Services selected by you.

10.3 Modifications to Charges

10.3.1 Soutchai Travel reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Application. Your use, or continued use, of the Services offered by Soutchai Travel following such notification constitutes your acceptance of any new or revised fees or charges.

10.4 Soutchai Travel’s Rights and Obligations

10.4.1 Soutchai Travel reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Soutchai Travel’s sole discretion.

10.4.2 Soutchai Travel intends to offer or procure the Property to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.

10.4.3 Whilst the Operates are required to provide Soutchai Travel with accurate and updated prices of the Services on this Application, Soutchai Travel cannot guarantee that all prices for the Services provided by the Property are accurate and updated at all times.

10.4.4 The above terms and conditions & return policies are applicable to all Soutchai Travel users worldwide.

11. Privacy Policy

11.1 Privacy Policy

11.1.1 For Soutchai Travel’s policy relating to its use of of your personal data, please review Soutchai Travel’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.

Indemnity
12.1 Soutchai Travel’s Indemnification

12.1.1 You will indemnify and hold Soutchai Travel, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this Application, use of this Application, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Soutchai Travel User ID.

12.2 Soutchai Travel’s Involvement

12.2.1 Soutchai Travel may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Soutchai Travel without Soutchai Travel’s prior written approval. Soutchai Travel reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.

Disclaimers and Limitation of Liability
13.1 Parties’ Relationship

13.1.1 Soutchai Travel has no special relationship with or fiduciary duty to you for accessing and using this Application and the Content. You acknowledge that Soutchai Travel has no control over, and no duty to take any action regarding: (a) Which users gain access to this Soutchai Travel; (b) What content you access via this Soutchai Travel; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.

13.2 Services and Comments

13.2.1 You acknowledge and agree that the Operators may offer the Services on this Application and that suggestions or recommendations may be given by the Property or Users of this Application. Soutchai Travel makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Application.

13.3 Exemption of Liability

13.3.1 In no event will Soutchai Travel, this Application, or any of Soutchai Travel’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Application; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of this Application, tools or Services we provide related to the business we operate on this Application by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.

13.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.

13.3.3 This Application, including all content, software, functions, materials and information made available on or accessed through this Application, is provided on an “as is” basis. To the fullest extent permissible by applicable law, Soutchai Travel makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Application or the materials, information and functions made accessible through this Application, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Application, or for Property ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.

13.3.4 You acknowledge and agree that any transmission to and from this Application is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Soutchai Travel and by posting information on this Application, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and Soutchai Travel other than pursuant to this Terms of Use.

13.3.5 You acknowledge and agree that you will not hold or seek to hold Soutchai Travel responsible for the content provided by any Property or third party and you further acknowledge and agree that Soutchai Travel is not a party to any transaction in relation to the Services provided by any Property or third party. Soutchai Travel has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Property or third party on this Application.

13.4 Remedies

13.4.1 If you are dissatisfied with this Application, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Soutchai Travel or another user of this Application with respect to this Terms of Use or this Application, your sole and exclusive remedy against Soutchai Travel is to discontinue use of this Application.

Soutchai Travel’s Responsibility
14.1 You agree that Soutchai Travel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Application, or between users and any third party, you understand and agree that Soutchai Travel is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Soutchai Travel, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

Payment
15.1 In orders to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), the following Soutchai Travel entities shall be responsible for transactions conducted in the following currencies:

(a) in respect of transactions in Lao Lak, Soutchai Travel Sole Co.,Ltd;

(b) in respect of transactions in US dollars, Soutchai Travel Sole Co.,Ltd;

Termination
16.1 Termination by Soutchai Travel

16.1.1 This Terms of Use shall remain in full force and effect while you use this Application or the Services. Soutchai Travel may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Soutchai Travel may also terminate or suspend any and all Services and access to this Application immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.

16.2 Effects of Termination

16.2.1 Upon termination of your Soutchai Travel Account, your right to use the Services, access this Application, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

16.2.2 If this Terms of Use is terminated as a result of your breach, Soutchai Travel reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.

Passports, Visas & Insurances
17.1 Your Responsibilities

17.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.

17.1.2 As visa and health requirements are subject to changes without notice, Soutchai Travel recommends that you verify health and visa requirements with the appropriate consulate prior to departure.

Governing Law
18.1 This Terms of Use shall be governed by the laws of Lao PDR. You agree to submit to the non-exclusive jurisdiction of the Lao court.

Miscellaneous
19.1 Severability

19.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.

19.2 Assignment

19.2.1 This Terms of Use is not assignable, transferable or sub-licensable by you except with Soutchai Travel’s prior written consent. Soutchai Travel may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.

19.3 The Terms of Use have been drafted and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.

Contact
20.1 Please contact Soutchai Travel at bookings@soutchaitravel.com to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.