TABLE OF CONTENTS
 

1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
3. INTELLECTUAL PROPERTIES
4. YOUR REGISTRATION OBLIGATIONS
5. PRIVACY
6. REVIEW OF TRANSMISSION
7. AGE & RESPONSIBILITIES
8. ONLINE BOOKING & PURCHASES
9. PRICES
10. CANCELLATION OF BOOKING & PURCHASE
11. CHANGES TO BOOKING AND PURCHASE
12. DISCLAIMER
13. LIMITATION OF LIABILITY
14. INDEMNIFICATION
15. LINKS
16. RELATIONSHIP
17. GOVERNING LAW & JURISDICTION
18. LEGAL FEES & EXPENSES
19. INJUNCTIVE RELIEF
20. TERMINATION
21. NON-ASSIGNMENT
22. MODIFICATION
23. ADDITIONAL TERMS
24. SEVERABILITY
25. CONTACT US
26. LICENSED TRAVEL AGENT IN THAILAND

Your use of this site is expressly conditioned on your acceptance of the Terms and Conditions. By using this site, you signify that you unconditionally agree and accept to be legally bound by the Terms and Conditions. If you do not agree with any part of the Terms and Conditions, you must not use this site. The Terms and Conditions apply to the use of the site.

Certain products and services have their own specific governing terms and conditions which shall apply in addition to the Terms and Conditions. These terms and conditions for a specific product or service shall include any terms and conditions found on your screens and when using any part of this site. In the event of any inconsistency between the terms and conditions for a specific product or service and the Terms and Conditions, the terms and conditions for the specific product or service shall prevail in relation to that specific product or service.


1. ACCEPTANCE OF TERMS
Mox Travel Co.,Ltd. ("Mox Travel") is the operator of this site (the "Operator"). This site and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Mox Travel and/or its various third party providers and distributors and which is licensed to the Operator. Much of the content found on this site is owned by third party providers and distributors though certain data is the copyrighted work of Mox Travel and other information providers.

Mox Travel provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Mox Travel owned or operated services, you and Mox Travel shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.


2. DESCRIPTION OF SERVICE
The Operator who operates the online travel reservation service ("Reservation Service") accessed via internet site with the URL: www.moxtravel.com ("the Web Site") using a licensed software solutions known as and you who use/access/visit the Web Site and/or WAP Site and/or the Reservation Service ("you/your") may include advertisements and that these advertisements are necessary for Mox Travel to provide the Service.

You understand and agree that the Reservation Service may include certain communications from Mox Travel , such as service announcements, administrative messages and the Mox Travel Newsletter, and that these communications are considered part of Mox Travel membership and you will not be able to opt out of receiving them.

You understand and agree that the Reservation Service is provided "AS-IS" and that Mox Travel assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.


3. INTELLECTUAL PROPERTIES
The Reservation Service and all content on the Reservation Service ("the Content") including without limitation, information, text, photographs, images, graphics, software is the property of either the Mox Travel and/or the Solutions Provider and/or their third party providers, fulfillment providers, airlines, other travel product suppliers or independent supplier(s) ("Suppliers") or the party credited as the provider of such Content and contain the Mox Travel's and/or the Solutions Provider's and their licensees' and licensors' name, trademarks, service marks, and trade names. The Mox Travel and/or the Solutions Provider and their Suppliers own a copyright in the compilation (meaning its selection, collection, coordination, arrangement, assembly and enhancement) of the Content. All other product and service marks contained herein are the trademarks of their respective owners and may not be used without the prior written consent of their owners. All rights not expressly granted herein are reserved. This clause shall survive any termination of this Agreement .


4. YOUR REGISTRATION OBLIGATIONS
Use of this site may require you to register and provide certain data. In consideration of the Operator permitting you to use the site, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various registration forms on the site (the "Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Operator has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, the Operator has the right to suspend or terminate your account and refuse any and all current or future access to and use of this site.

Upon registering, you will receive a password and user ID. You are responsible for maintaining the confidentiality of the password and user ID, and are fully responsible for all activities that occur under your password or user ID. You may only maintain one user ID and password at any one time and may not use multiple user IDs or passwords. You are required to use your password for your own use only. You may not permit others to use your passwords. You agree to (a) immediately notify the Operator of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Operator cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.


5. PRIVACY
You have read the Operator's Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use and processing of your Registration Data and other personally identifiable user information by the Operator and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Operator's Privacy Policy. You acknowledge and agree that the technical processing of this site and the transmission of transaction messages relating to the products and services on this site may involve (a) transmissions of your Registration Data and other data collected and maintained by the Operator with regard to you, over various networks and to various countries; and (b) changes to conform and adapt your Registration Data and other data collected and maintained by the Operator with regard to you to technical requirements of connecting networks or devices. The operator will not be held responsible for events arising from third parties gaining unauthorized access to such data. Please click here to review the complete Operator's Privacy Policy.


6. REVIEW OF TRANSMISSION
The Operator is not obliged to but may, from time to time monitor and review any information transmitted or received through this site and reserves the right to sensor, edit, remove or prohibit the transmission or receipt of any information that the Operator deems inappropriate or in violation of the Terms and Conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring, copying and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant the Operator and its affiliates a worldwide, non-exclusive, royalty-free, perpetual and irrevocable right (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise communicate to the public such content in any form, media or technology. You also waive all moral rights in relation to any such use of this content whether or not that use is presently contemplated. The Operator takes no responsibility and assumes no liability for any content posted or submitted by you.


7. AGE & RESPONSIBILITIES
If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.


8. ONLINE BOOKING & PURCHASES
Unless otherwise expressly stated on the site, the Operator acts as agent for its third party providers and distributors for all products and services purchased by you on this site. You may place bookings for or may make purchases of products and services online at this site. A contract for the sale and purchase of products and services may be made online at this site by your acceptance of the products and services offered on the site (the "Contract") by third party providers and/or distributors and/or where stated, the Operator, and you hereby agree to waive any rights to challenge the validity or enforceability of Contracts entered into on this site on the grounds that it was made in electronic form instead of by paper and/or signed or sealed. Please note that by indicating your acceptance to purchase any product or service offered on the site, you are obligated to complete such transactions. You are prohibited from indicating your acceptance to purchase products and services where you do not intend to complete such transactions. You may not purchase goods or services that you are prohibited from purchasing or possessing by any applicable Thailand or local laws. The responsibility for ensuring compliance with all applicable laws shall be yours alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase, utilize and/or possess such goods or services.

You may be bound by terms and conditions imposed by the travel service providers for whom the Operator acts as an agent including conditions of carriage, refund and cancellation policies of airlines, cruise lines, car hire operators, hotels, etc. The Operator is not liable for any claims against non-fulfillment or unsatisfactory fulfillment of products and services purchased on your behalf by the Operator from these third party providers and distributors, such as, but not limited to, airlines, hotels, tour operators, car hire companies, insurance companies, and other entities. At times, airlines and other travel services providers may overbook passengers on their flights or re-schedule flight times-the Operator is not responsible for any such incidents.

You understand that all products and services purchased require fulfillment and documentation, such as issuance of air tickets and travel vouchers. Fulfillment is performed during normal office hours. As such, any travel requests and bookings made require a minimum processing time of varying periods, subject to the specific terms and conditions applicable to the type of product or service purchased.

The Operator will not be held liable for any claims for loss, damages or compensation against non-fulfillment should you purchase a product or service that cannot be fulfilled between the time of booking and the time of departure. In such an event, the Operator shall refund to you all unutilized monies collected from you for that purchase.

All prices are subject to change by the travel service provider until the ticket/voucher has been issued. A booking fee may be payable on some bookings. Some airport taxes are not pre-payable or pre-paid; you must pay these when required. Some airlines or travel service providers have introduced fuel surcharges which may not be reflected in the prices shown and will be an additional charge. For travel services such as air tickets, hotels, cars, packages or cruises-availability, prices, fare conditions and class of travel can change at any time without notice. Routing restrictions and other special conditions may apply.

Many countries require that foreign nationals entering hold a passport with at least six months validity remaining. This information as well as other related information supplied by GMT and any links within the site are supplied in good faith; and should be treated as a guideline only. Passport, Visa and Health requirements are the responsibility of all individual travelers. The sole responsibility for ensuring travel documentation is correct is that of the individual traveler. The Operator reserves the right to decline any booking or purchase for any reason and shall not be held liable for any resulting claims for loss, damages or compensation. In such an event, the Operator shall refund to you all unutilized monies collected from you for that purchase.

You agree to bear the full cost of any booking, cancellation and administration fees for any products or services booked but not utilized for any reason. In some cases, GMT may charge cancellation and/or amendment fees in addition to those imposed by travel service providers.

You agree that multiple over-lapping bookings for the same traveler/s are not allowed and may result in damage and loss to the Operator, which you will bear in full.


9. PRICES
Unless otherwise expressly stated, all prices on this site shall be exclusive of all taxes (including value added taxes), levies, fees, airport pick up charges and all other charges together with any fine, penalty or interest payable because of your default. You must pay any amount you are required to pay under this clause 8 in full on demand.


10. CANCELLATION OF BOOKING & PURCHASE
Please note that the terms and conditions for cancellation of bookings and purchases will vary for each product and service. Please therefore refer to the terms and conditions for a specific product or service. If there are no terms and conditions for a specific product or service, you may cancel your booking or purchase by calling our call center or visiting any one of our fulfillment centers during office hours. For certain services, you may also cancel your booking or purchase online at the site. Cancellation, at your request, may not be allowed or may require a minimum processing time of varying periods, subject to the specific terms and conditions applicable to the type of product or service purchased. Cancellation may be subject to cancellation fees which you agree to bear in full. For air tickets, the airline refund fee is specified in the fare rules. In addition to that, Mox Travel may levy a refund fee up to the same amount. Credit card payment fees are never refundable.


11. CHANGES TO BOOKING AND PURCHASE
Please note that the terms and conditions for changes to bookings and purchases will vary for each product and service. Please therefore refer to the terms and conditions for a specific product or service. If there are no terms and conditions for a specific product or service, you may NOT change your booking or purchase online at the site. You may otherwise change your booking or purchase online by calling our customer service center or by visiting any one of our fulfillment centers during office hours. Changes, at your request, must be received by the Operator at least 7 days before travel or use to be effective and may be subject to administrative fees which you agree to bear in full. Please note that changes to ticketed air tickets are not permitted.


12. DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE STATUTORY WARRANTIES BELOW, THE OPERATOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THIS SITE, PRODUCTS OR SERVICES ON THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS ONLY. THE OPERATOR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND, SUBJECT TO THE STATUTORY WARRANTIES BELOW, EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE TERRITORIES. THE OPERATOR DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE OPERATOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME TERRITORIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO TO THAT EXTENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN PARTICULAR, IN TERRITORIES WHERE IT IS PROHIBITED, THIS DISCLAIMER SHALL NOT IN ANY WAY EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM TERRITORY TO TERRITORY


13. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW BUT SUBJECT ALWAYS TO CLAUSE 11, THE OPERATOR ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE;

IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE OPERATOR EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, notwithstanding the foregoing, the Operator should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, to the full extent permitted by law the combined aggregate liability of the Operator shall in no event exceed the value of the goods and services purchased by you which are the subject of the dispute or THB10,000.00, whichever is lower. Further, the Operator's liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage. In its sole discretion, in addition to any other rights or remedies available to the Operator without any liability whatsoever, the Operator may, at any time and without notice, terminate or restrict your access to and/or of any component of this site. Some territories do not allow limitation of liability, so to that extent the foregoing limitation may not apply to you.


14. INDEMNIFICATION
You shall defend and indemnify the Operator and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.


15. LINKS
This site may contain links to other web sites which are not maintained by the Operator and which are provided solely as a convenience to you and not as an endorsement of the contents of such other web sites (whether express or implied) by the Operator. The Operator has not reviewed all of the linked web sites and shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to link to other web sites, you do so at your own risk and subject to the terms and conditions (if any) of the linked web site and in particular, its own set of privacy policies that you are advised to check out.

Similarly, other web sites may also link to this site. Any third parties that wish to establish links with this site should obtain the prior written consent of the Operator to do so and the Operator reserves the right to deny permission for any such links to the site. In particular, no third parties shall deep link to any page other than the Home page of this site without obtaining the prior written consent of the Operator to do so. If however the Operator gives its permission for any such links, the Operator is not under any obligation to establish reciprocal links with the third party.


16. RELATIONSHIP
The relationship between the Operator and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint venturers, fiduciaries, employees or agents of the other.


17. GOVERNING LAW & JURISDICTION
The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of the state of the laws of Thailand. You hereby consent and submit to the non-exclusive jurisdiction of the courts of Thailand in all questions and controversies arising out of or in connection with the Terms and Conditions, its performance and your use of this site.


18. LEGAL FEES & EXPENSES
If the Operator or any its affiliates take any action to enforce the Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all legal fees and expenses and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.


19. INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of the Terms and Conditions will cause such damage to the Operator as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Operator shall be entitled as a matter of right to an injunction (including a temporary injunction) issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Operator in obtaining such an injunction, including, without limitation, all legal fees and expenses.


20. TERMINATION
The Operator may terminate the Terms and Conditions and/or the provision of any of the products and services at any time for any reason, including any improper use of this site or your failure to comply with the Terms and Conditions. Such termination shall not affect any right to relief to which the Operator may be entitled, at law or in equity. Upon termination of the Terms and Conditions, all rights granted to you will terminate and revert to the Operator and its third party providers or distributors, as applicable.


21. NON-ASSIGNMENT
You may not assign, convey, sub-contract, delegate or substitute howsoever your rights, interests, benefits, duties or obligations hereunder this Agreement. The Operator may freely assign, convey, sub-contract, delegate or substitute in any manner its rights, interests, benefits, duties or obligations hereunder this Agreement.


22. MODIFICATION
The Operator may at any time modify any part of the site, including the products and services and the Terms and Conditions at its sole discretion without prior notice and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. The Operator also reserves the right to deny any person access and use of the site at any time.


23. ADDITIONAL TERMS
Additional terms and conditions may apply to reservations, purchases of products and services and other uses of portions of this site, and you agree to abide by such other terms and conditions, including additional terms and conditions that apply in relation to specific products and services.


24. SEVERABILITY
The Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.


25. CONTACT US
Should you have any queries or require any further information on these Terms and Conditions, please send us an email to info@moxtravel.com and we shall respond to you as soon as we can.


26. LICENSED TRAVEL AGENT IN THAILAND
The Operator's subsidiaries and/or affiliates are registered as a Travel Agent for the purposes of the Travel Agents Act/Travel Agent Business (as applicable) in Thailand. Mox Travel's TAT license is 12/1256.