GENERAL TERMS
Welcome to Asia My Way,
As local tour operator (DMC) and experts, we help travelers to research and book travel experiences throughout our five (05) destinations such as Cambodia, Laos, Myanmar, Thailand, and Vietnam from our website www.asia-myway.com and its features.
When you make a booking, you will be purchasing a package tour, ticket or others services directly from Asia My Way. These Terms of Use below apply to any use of Asia My Way’s services. Please read these Terms of Use carefully, as they contain important information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.
By accessing or using Asia My Way’s services, you are indicating that you have read these Terms of Use and agree to be bound by them. If you do not agree with all of these Terms of Use, you are not permitted to access or use the services.
- Introduction
- Use of the Services
- Asia My Way Account
- Website Proscribed Actions
- Electronic Communications
- Content
- Copyright
- Products and booking
- Pricing
- Payments
- Cancellation and Modification policy by You (Customers)
- Other Modifications and Cancellations
- Passports, Visas & Insurance
- Asia My Way Liability
- Jurisdiction and Governing Law
THE TERMS OF USE
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Introduction
1.1 These terms of use set out the terms on which Asia My Way, together with certain specified affiliates and subsidiaries provides services (the “Services”) through Asia My Way’s booking website www.asia-myway.com and over the telephone. When we refer to “you”, we mean any person that accesses or uses the services.
1.2 These Terms of Use govern your affiliation with us in respect of your use of the Services, including any bookings that you make of any tour package, ticket, activity and/or experience (described in these Terms of Use as an “Experience”) that is presented on the website.
1.3 By using or accessing the services, by booking a product, and/or creating an account on the website (a “My Account”), you agree to be sure by these Terms of Use without modification, and you represent that you have read and understood them. In all booking arrangements, the person making the booking shall be considered to have accepted these Terms of Use on behalf of all the persons named in the booking.
1.4 We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Use. We will note the date that updates were last made to the Terms of Use at the top of this page, and the updated Terms of Use will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Terms of Use.
1.5 THE WEBSITE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE REJECTS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
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Use of the Services
2.1 As a condition of your use of the Services, you represent and permit/note that:
(i) all information supplied by you in the course is true, accurate, current and complete
(ii) you are at least 18 years old or older in order to use the website
(iii) Asia My Way does not knowingly collect the information of anyone under the age of 18.
2.2 Your use of the services is permitted by Asia My Way only for personal concerns and non-commercial use. You agree not to use the services to make any speculative, false or fraudulent requests or bookings.
2.3 You further represent and warrant that you:
(a) are not currently suspended Asia My Way from using the services
(b) are not acting on behalf of a competitor of Asia My Way
(c) will not create more than one Asia My Way account
(d) have full power and authority to enter into this legally agreement
(e) will not violate any other agreement to which you are a party.
2.4 We retain the right at our sole discretion to deny access to the services to anyone at any time and for any reason, including, but not limited to, for violation of these terms.
2.5 In accessing or using our website, you may be exposed to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate contents. Asia My Way does not endorse such content, and cannot vouch for its accuracy. You consequently access and use the website at your own risk/acknowledge
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Asia My Way Account
3.1 You may need to create an Asia My Way account and provide information about yourself in order to use some of the features on the website and other services, including when you make a booking. You are responsible for maintaining the confidentiality of your Asia My Way account password and log-in. You are also exclusively responsible for all activities, including bookings, that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your Asia My Way account.
3.2 Your account is for your personal use only. You will not copy someone else identity (e.g., adopt the identity of a star), create an account for any person other than yourself, provide an e-mail address or other personal details other than your own, or create various accounts.
3.3 We may terminate or suspend access to your account or your ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend account or capacity to use the services if you misuse the website. Any termination or suspension could stop you from accessing your account, the website, the contents.
3.4 You could terminate your account at any time by contacting us to request that we close your account, and by discontinuing your use of any and all parts of the services.
3.5 AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT NEITHER ASIA MY WAY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED BOOKINGS MADE USING YOUR ACCOUNT AND/OR CREDENTIALS
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Website Proscribed Actions
4.1 The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software code or other material, and collectively described herein as the “Website Content”), as well as the infrastructure used to provide such Website Content, is proprietary to us.
4.2 You agree not to copy, modify, allocate, diffuse, reproduce, publish, license, create copied works from, transfer, or sell or re-sell any website content. Any other use of the website content, products and/or services requires the prior written permission.
4.3 Furthermore, you agree that you will not assist others to:
– use the website and its content for any commercial purpose without our express written permission
– access, monitor or copy any content using any robot, spider or other automated/manual means to access, scrape, file, retrieve contents for any purpose.
– take any action that imposes, in our discretion, unreasonable or excessively large load on our website and its content structure.
– make excessive traffic demands on the website
– “frame”; “mirror” or integrate any part of the website into any other website
– attempt to modify, translate, adapt, edit, disassemble, or reverse engineer any software
– use the website to threaten, stalk, trick, enflame, bother, or advocate the harassment of another person.
– use the website to submit or spread spam, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not.
– use the website to promote racism or discrimination.
– use the website to violate any third-party right including any copyright, trademark, privacy right, other intellectual property or proprietary right.
– use the website to submit or transmit pornography or illegal contents.
– effort to gain unauthorized access to the website, accounts, computer systems or networks connected to the website through hacking, password mining or any other means.
– use the website to transmit any viruses, worms, defects, Trojan horses or other items of a damaging nature.
– use any device, software program that interferes with the proper working of the website.
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Electronic Communications
5.1. When you use the Asia My Way website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, it is means you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, phone calls, in-app push notices, or by posting notices and messages on the website/emails.
5.2 You may unsubscribe from marketing-related e-mails by emailing [email protected], however we may continue to send you non-marketing messages, such as messages related to any upcoming bookings.
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Content
6.1 We may use contents in a number of different ways, including but not limited to displaying it on the website, reformatting it, translating it into other languages, editing it for clearness and syntax, and other works, creating derived works from it, promoting it.
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Copyright
7.1 the website and all its contents including, but not limited to, all visual interfaces, interactive features, custom graphics, design, computer code, products, software, compilation of other contents, and other elements and components of the website are copyright of Asia My Way.
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Products and booking
8.1. Asia My Way allows possibilities to make choices of products, to book the right product. We provide the website with information about products and facilitates bookings. The provision of the product you book will be subject to availability and confirmation from us.
8.2 By making a booking, you warrant that you are at least 18 years old, that you possess the legal right to enter to use the services, to purchase the Product, and that all information you supply is true and accurate. You further agree that you will use the website and platform to make only legitimate bookings for you and/or others for whom you are legally authorized to act.
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Pricing
9.1 The price of each product will be mentioned on a per-person basis, except otherwise specified.
9.2 Prices are indicated in $ USD
9.3 Price are subject to change without prior notice until a booking has been made.
9.4 Prices are including of local taxes and services fees unless otherwise specified.
9.5 Prices do not include tips for local staff such as drivers, local guide, baggage carrier; passport and visa fees, any bank charge for transactions; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food that the has not specifically stated are included.
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Payments
10.1 When you make a booking, Asia My Way collects your payment information and processes your payment. In doing so, Asia My Way acts as the limited payment collection agent, collecting your payment for the applicable products you have booked. Full payment by credit, debit card is required to make a booking, unless otherwise specified.
10.2 The value of your Booking may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed and the final amount charged to you. Asia My Way recommends that you contact your bank or card company if you have any questions concerning any applicable currency conversion or fees.
10.3 The payment processing services for the services provided are provided by Asia My Way (on behalf of ASEV INTERNATIONAL). ASEV INTERNATIONAL LIMITED is registered office address at 14TH FLOOR SOUTH CHINA BUILDING 1-3 WYNDHAN STREET CENTRAL, HONG KONG.
10.4 Following your booking, payment terms are:
- You should pay 50% deposit of the invoiced services upon reservation by credit, debit car, or bank transfer to the indicated Asia My Way’s account.
- The balance is required 30 days prior to the group arrival date to the to the indicated Asia My Way’s account. As per consequence, all bookings occurring less than 30 days before the group arrival date required the full payment.
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Cancellation and Modification policy by You (Customers)
11.1 Once a product has been purchased, your booking cannot be changed by you or cancelled with a refund, unless otherwise stated in the terms and conditions applicable to such product.
11.2 The standard cancellation policy allows you to request a free change to and/or cancel a booking up until 72 hours before the start time of the booked product, excluding any financial fees. Timings are calculated in accordance with the local time zone of the product experience.
11.3 Cancellation policy allows you to request a charged change to and/or cancel a booking less than 72 hours before the start time of the booked product. Timings are calculated in accordance with the local time zone of the product experience. In this case, cancellation fees will be 100% based on the total price of the product you have booked.
11.4 If any product is designated as it is non-refundable, and it will not be possible to change or cancel it after making a booking. A minority of products have other, different cancellation policies. In all circumstances, you must check the cancellation policy contained in the applicable product at the time of your booking, which is the policy that will apply to and govern the terms of your cancellation and any refunds.
11.5 Requests for modifications and amendments to a booking, including date change requests, number of participants, etc … should be made online and/or by sending us an email at [email protected]
11.6 All change requests are subject to availability and confirmation from us. Change request might result final price changes according to the new booking conditions (dates, period, number of participants). In this case, Asia My Way will inform you the new prices. From this stage, in such circumstances, you will be required to pay such extra fees in order that Asia My Way may successfully process your change request.
11.7 No refunds are available once an experience has commenced, or in respect of any product’s package, accommodation, meals or any other services that have started to be used.
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Other Modifications and Cancellations
12.1 Occasionally Asia My Way may make a change to a product after your purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other product features and/or requirements. As a result, Asia My Way reserves the right to cancel, change or substitute any product that you have purchased, at any time, for any reason. If the change proposed by Asia My Way is material (for example, a change in dates and/or a significant change to the itinerary), and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original purchase price.
12.2 We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, and/or your interests, to withdraw our services resulting in an override of the product’s cancellation policy and the effective cancellation of a booking. We may also determine, in our sole discretion, to arrange refund to you part or all of the amounts charged to you. You agree that we shall have no liability for such cancellations or refunds.
12.3 For flights booked by Asia My Way: 100% of the expenses incurred will be invoiced to the customer/ group, whatever the date of the cancellation. These amounts correspond to the real costs incurred by Asia My Way and not reimbursed by the service providers. The “non-ordinary” services will be clearly stated in the price exclusions and inclusions details.
12.4 For “non-ordinary” services (cruises, hotels, ballooning, unusual activities such as Flight of the Gibbon, etc…: 100% of the total price will be charged to the client/group, whatever the date of the cancellation. These amounts correspond to the real costs incurred by Asia My Way and not reimbursed by the service providers. The “non-ordinary” services will be clearly stated in the price exclusions and inclusions details.
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Passports, Visas & Insurance
13.1 When you make a booking, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
13.2 For applicable passport and visa requirements, you should consult the relevant embassy or consulate for information. Such requirements may change at any time, and it is your responsibility to check for up-to-date information before making a booking and before your departure.
13.3 Asia My Way recommends that you verify health and visa requirements with the appropriate consulate prior to departure as visa and health requirements are subject to change without notice. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
13.4 Asia My Way strongly recommends that you purchase a comprehensive travel insurance policy prior to departure to protect your product purchase. If you cancel your trip or significantly alter travel dates, your travel insurance policy may refund the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.
13.5 Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Asia My Way urges customers to investigate and review travel prohibitions, warnings, announcements and advisories issued by your local/country government and/or destination country local authorities.
13.6 ASIA MY WAY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK, AND ASIA MY WAY IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
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Asia My Way Liability
14.1 PLEASE READ THIS SECTION CAUTIOUSLY. THIS SECTION LIMITS ASIA MY WAY’S LIABILITY TO YOU FOR ISSUES THAT MAY RISE LINKING WITH YOUR USE OF THE SERVICES.
14.2 THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, AND SERVICES PROVIDED BY ASIA MY WAY MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING IN RELATION TO RESERVATION AVAILABILITY AND PRICING ERRORS. ASIA MY WAY DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND OTHER SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, ASIA MY WAY SPECIFICALLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS AND/OR ON BOOKINGS MADE UNDER AN INCORRECT PRICE.
14.3 THE SERVICES AND ITS SUPPLIERS FROM OUR SUGGESTED PRODUCTS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ASIA MY WAY COMPANY. ASIA MY WAY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM ANY BOOKING OR USE OF A PRODUCT.
14.4 ASIA MY WAY HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
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Jurisdiction and Governing Law
15.1 The Services are provided by a ASEV INTERNATIONAL LIMITED entity and these Terms of Use is governed by the laws of Hong Kong. You hereby consent to the exclusive jurisdiction and venue of courts in Hong Kong and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the services. You agree that all claims you may have against Asia My Way arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in Hong Kong.
15.2 Use of the services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.