Terms & Conditions
These conditions together with relevant fact sheets, publicity material and any general information either sent out or seen on our website form part of the client’s contract with the Company. Bookings through third parties are subject to the terms and conditions of that company provided they meet our minimum requirements as listed herein, otherwise our terms and conditions apply. In these conditions the ‘Company’ shall mean Firhill Co. Ltd trading as Solar Tours and/or their subsidiary or associated companies. The ‘Client’ shall mean the signatory of the booking form and everyone named in the booking form or added subsequently. In the event that the client has not signed a booking form, everyone named on the company’s invoice shall be considered the client. The singular shall include the plural and vice versa.
1. There will be no contract between the company and the client until the client has paid a deposit of THB 7,500 per person for all the non-flight elements of the holiday (excluding infants) and the company has issued a confirmation invoice. The company’s confirmation invoice is our joint record that a booking contract exists between Firhill Co. Ltd. and the customer from whom a deposit has been received. However, for bookings made within 56 days of travel, a contract shall be deemed to exist once the client or the client’s travel agent has made the booking ‘definite’ by telephone and the company has confirmed full holiday details, including a booking reference number, on the telephone to the client or agent. Full payment will be due immediately for bookings made within 56 days of travel. (Subsequent cancellation of the holiday by the client is subject to the charges in Clause 4.) In signing the booking form or making payment of the deposit, the client accepts these conditions on his behalf and on behalf of all other persons named on the booking form or invoice, including those substituted or added by agreed amendment. Any monies paid by the client to the travel agent will be held by the travel agent as the client’s agent until the company dispatches a written confirmation/invoice (or, in the case of a booking made within 56 days of travel, confirms full holiday details, including a booking reference, for a booking made ‘definite’ by telephone) and thereafter on behalf of the company. NB the Company strongly recommends that the client takes out comprehensive travel insurance.
2. The balance of the price is payable not less than 56 days prior to departure date. If the balance has not been paid by 48 days prior to departure, the company may cancel the booking and levy the cancellation charges set out in clause 4. No reminders or statements will be sent.
3. Special requests should be indicated on the booking form or requested in writing. The company will try to arrange for special requests to be met, but cannot guarantee that they will be unless a supplement is charged. Adding requests after booking may incur an amendment charge.
4. In event of cancellation by the client the following cancellation charges will be made:
More than 8 weeks (56 days) prior to departure: deposit plus any non-refundable flight payments. Clients should be aware that some suppliers, particularly airlines, might charge 100% cancellation fee
Less than 8 weeks prior to departure: holiday cost in full (100%)
Should one or more member(s) of a party cancel it may increase the per person price of those still travelling. Cancellation shall only be effective when written notification is received by the company by special delivery or registered mail. Attention is drawn to the availability of travel insurance that may cover cancellation of holidays and flights.
5. A fee of THB 1,000 per person may be charged for each amendment or name change to a confirmed booking to cover administration costs. For an alteration within 8 weeks of departure, the company may treat the alteration as a cancellation of the original holiday (attracting cancellation charges). Clients should be aware that some suppliers, particularly airlines, might charge 100% cancellation fee and the cost of a new ticket.
The company guarantees that the price of your holiday will not be subjected to any surcharge except for those resulting from Government action or exchange rate variations in excess of 5% from the time of booking until the date of final payment. Even then, the company will absorb an amount equivalent to 2% of the holiday price (excluding flights and any other amendment charges) before passing on any surcharge to the client. However, where a surcharge is payable there will be an administration charge of THB 100 together with an amount to cover travel agent’s commission. Should surcharges exceed 10% of the holiday price shown on the original confirmation invoice, the client can decide to cancel the holiday and receive a full refund. This option must be exercised within 14 days of the issue date shown on the surcharge invoice.
If the company makes a major change or cancels the holiday after it has been confirmed but before departure the client will have the choice of a) accepting the cancellation or changed arrangements; or b) taking another available holiday with the company (if it is more expensive the client must pay the difference, but if it is cheaper the company will make an appropriate refund); or c) (in the case of a major change) canceling the holiday and receiving a full refund. A major change is a change of airport (except between airports serving the same city), a change of resort or a change to lower grade accommodation. Any other change is minor. If the client decides to cancel because of a major change or if the company cancels a holiday for any reason other than Force Majeure (or low bookings) (defined below), the company will pay compensation as follows (period before scheduled departure when major change or cancellation is notified, compensation per fare paying passenger): more than 56 days/nil; 56-29 days THB 750; 28-14 days THB 1,000; 13-0 days THB 1,500. Force Majeure means unusual and unforeseeable circumstances beyond the company’s control, the consequences of which neither the company nor its suppliers could avoid, including but not limited to war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, fire, flood, adverse weather conditions or the threat of any of these. (Low booking is where an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form). The company will never cancel a holiday because of low bookings less than 6 weeks before departure. If there is a minor change the company is not obliged to notify the client, although it will try to do so, nor is it liable to pay compensation.
Accommodation that forms part of the client’s booking may only be used by the persons named on the booking form. Sub-letting is not permitted. The client must observe the rules of the community (if any) relating to the accommodation and must vacate it by 12 noon on the day of departure. The client shall behave properly throughout his holiday and, in particular, must not do or permit to be done anything that might lead to damage to any property, or vitiation of any contract of insurance. The client will use, occupy and enjoy the accommodation provided as part of his holiday with due care and in a proper manner without allowing the accommodation to become unreasonably soiled. No items, fixtures or fittings shall be removed from the accommodation or left outside at any time. The client will be responsible for the cost of repairing or replacing any lost, broken or damaged items, including lost keys.
Flight times are provided by airlines and are subject to change because of such matters as air traffic control restrictions, weather conditions and technical problems. Flight times are therefore estimates only and cannot be guaranteed. The company will not be liable if a flight is delayed. In the event of a delay, airlines generally provide such refreshments, meals and accommodation as they deem appropriate. Where it is able to do so, the company will use its best endeavours to ensure that appropriate arrangements are made. In addition, the client may be able to claim under the flight delay section of their travel insurance policy. As between the client and any individual airlines, the airline’s standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international conventions. Copies of these conventions are available from the airlines on request.
It is the client’s responsibility to obtain all general information concerning passport, visa and health requirements applicable to travelling abroad. However, such requirements are subject to change and the client is also responsible for checking current requirements before departure. It is the client’s responsibility to ensure that he complies with all applicable requirements and takes with him all documents required for his holiday. The company will not be liable for any failure by the client to discharge these responsibilities and the client will have to reimburse the company for any costs it incurs as a result of such failure on the part of the client.
In the very rare event of over-booking by a hotel/villa/apartment of which the company is not aware before the client departs, the client will be offered alternative accommodation on arrival, which accommodation will be of a comparable standard if available. If the location and/or facilities of the alternative accommodation can reasonably be considered inferior to that originally booked, the company will compensate the client by paying him the difference in price (if any) between the two properties plus compensation of up to 5% of the holiday price excluding flights.
The company makes every effort to ensure that all resorts, villas, hotels and pensions offered are described as accurately as possible. However changes can occur and the company reserves the right to make such changes, in which case the client will be informed before his booking is confirmed. Clients should bear in mind that certain facilities, particularly sports entertainment and excursions, are subject to demand at any given time. It would not, for example, be reasonable to expect a hotel to open a nightclub if only a few people wished to make use of it, nor can an excursion be run unless there is demand that makes its operation economically viable. If a hotel is equipped with air-conditioning, the period and time of functioning of the system is at the discretion of the hotel management.
The company accepts no liability if the client suffers illness, personal injury or death (‘a misadventure’) as a result of an activity forming part of the holiday booked with the company.
All complaints must be made at the time of occurrence to the company’s courier or local agent and to the supplier of the facility or service concerned to allow the company the opportunity to rectify the cause of the complaint, failing which the client’s legal rights will be reduced or even extinguished. Any claims whatsoever against the company must be reported immediately to the company’s courier or local agent and then submitted in writing to the company in Thailand within 28 days of the client’s return. Disputes arising out of or in connection with this contract that cannot be amicably settled may (if the client wishes) be referred to a court of law or to arbitration.
This contract and any matters arising from it are governed by the law of Thailand and are subject to the jurisdiction of the courts of Thailand.
The company reserves the right to refuse a booking, refuse to carry or continue to carry any person who in the opinion of an employee of the company is a danger to health, safety of the well-being of the company’s clients or employees or who is likely to cause any distress or annoyance to other clients or any third party. When any person is prevented from joining or continuing any holiday as a result of such termination our responsibility for the holiday will cease immediately and any losses or expenses incurred by the client shall be borne by the client and full cancellation charges will apply.
Firhill Company Ltd is licensed and bonded as an inbound tour operator by the Tourism Authority of Thailand – licence number 12/01377. Details of the tour operator bond and claims processing may be obtained from the Tourism Authority of Thailand,
1600 New Phetchaburi Road, Makkasan, Ratchathewi, Bangkok 10400, THAILAND
All correspondence
with the Company should be addressed to: Firhill Co. Ltd, Tara Court Condominium Building, 338/109 Moo12,
Pratumnak Soi 5,
Pratumnak Road, Nongprue, Banglamung, Chonburi 20150, Thailand. Correspondence can also be sent by fax or email to the fax number and email address on the company’s booking form.