General Terms and Conditions
These Terms and Conditions, which may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below (including the privacy statement).
Your access to and use of Home in Hua Hin (HiHH) www.homeinhuahin.com (“the Website”) services are subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website and agreeing to HiHH’s assistance you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website and SRE services.
These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website are owned, operated and provided by HiHH are provided for your personal, non-commercial use only, subject to the Terms and Conditions set out below.
“Home in Hua Hin.,Co.Ltd” “us,” “we” or “our” means Home in Hua Hin, HomeinHuaHin.com or HiHH.
“Platform” means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by HomeinHuaHin.com.
“Service” means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Property Owners on the Platform.
“Owner” means the owner/provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast), parks, attractions, museums, sightseeing tours, cruises, rail and coach tours, transfers, tour operators, insurances, and any other travel or related product or service as from time to time available for reservation on the Platform.
“Customer” means the platform user, visitor, customer, subscriber, guest, accommodation.
1. Scope of Our Service
Through the Platform, we (HiHH and its affiliate (distribution) partners) provide an online platform to advertise products and service for reservation, and through which visitors to the Platform can make such reservations. By making a reservation through HiHH, you enter into a direct (legally binding) contractual relationship with the Owner. We act solely as an intermediary between you and the customer.
When rendering our services, the information that we disclose is based on the information provided to the owner. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Owner (or its facilities, venue, products or services) made available.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2.Changes to website:
HiHH reserves the rights to: change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that HiHH shall not be liable to you for any such change or removal; and change these Terms and Conditions at any time, and your continued use of the Website following anly changes shall be deemed to be your acceptance of such change.
All correspondence including notification or documents being sent from The Broker to The Owner by registered post addressed to the domicile address of The Owner specified herein this document shall be deemed to have been delivered to The Owner, unless The Owner notifies the agency in writing of any changes in such address.
The Owner/Seller confirms herewith that he/she is the owner of the property above and that there are no liens or mortgages against the property and that the title deed/s are valid and up to date and the owner is free to sell or lease the property with no encumbrances whatsoever.
The Owner does not have any pre-existing exclusive contracts with any other agencies, sole traders, brokers and/or 3rd parties. The Owner grants The Broker the right to solely get booking to the property.
In the event that The Owner does not pay the any services or/and any compensation to The Broker. The Owner agrees to pay the default interest at the rate of fifteen (15) percent per annum from the date of default until the date when the due balance is paid in full.
You agree to allow HiHH to act as your agent in regards to the property you have on the Website for the time that your property is available for Sale or Rent. You agree to allow HiHH employees and co-agents access to your property in order to show potential clients and interested parties. HiHH and her co-agents will give advanced warning of any visit to your property.
HiHH reserves the right to refuse the listing application. Pricing-if we consider the price too high and therefore unsaleable/rentable the listing will be rejected.
HiHH will have exclusive control of the property listing in the confines of the website they will be responsible for answering all inquiries and dealing with all requests made through the Website. HiHH will also be responsible for deleting or adjusting details (inc. the property itself) when advised to do so by the owner or when the property is no longer to be advertised.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Owner as made available on our Platform, (iii) the services rendered or the products offered by the Owner or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Owner or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
HiHH is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (room/reservation) price from the Owner to the relevant tax authorities. HiHH does not act as the merchant of record for any product or service made available on the Platform for the Owner.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that HiHH may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as HiHH at its discretion sees fit. You are granting HiHH a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sub-license, communicate and make available the photos/images as HiHH at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to HiHH publishing and using these photos/images. HiHH does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of HiHH. HiHH disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by HiHH at any time and without prior notice.
8. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available on or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Home in Hua Hin., its Owners or providers.
HiHH exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to HiHH. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Thai law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Thailand.
This Agreement shall be governed, construed and interpreted by, through and under the Laws of Kingdom of Thailand. In case an English version is made, the parties agree that all interpretation and enforcement shall be made according to the Thai version.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.