GENERAL TERMS AND CONDITIONS OF SERVICE

Last Updated: December 1, 2025

Between:

  1. Fireleaf Solutions Co., Ltd. (Trading as Samui.Tours), holding Department of Tourism (DOT) License No. 42/00490 (“The Company”, “We”, “Us”, “Our”). Registered Address: 9/48 Moo 2, T. Bophut, Koh Samui, Suratthani 84320, Thailand.
  2. The Service User (“The Customer”, “You”, “Your”).

By accessing the website https://samui.tours (“The Platform”) or finalizing a booking through our services, you explicitly acknowledge and agree to be bound by these Terms and Conditions.


§ 1. THE LEGAL RELATIONSHIP (AGENCY AGREEMENT)

1.1. Nature of Service: Fireleaf Solutions Co., Ltd. operates strictly as an authorized booking agent (intermediary). We provide a brokerage platform on Samui.Tours to facilitate service contracts between you (The Customer) and third-party travel operators (“The Service Providers”).

1.2. Contractual Parties: When you book a tour or service via the Platform, the contract for the actual provision of that service is formed exclusively between You and the Service Provider. The Company is not a party to the service contract. Consequently, The Company is not liable for the performance, safety, or quality of the service provided by the Service Provider.

1.3. Absence of Direct Service Contract: No contract for the direct provision of transport, tours, or activities exists between The Customer and The Company. Our contractual obligation is limited to the proper processing of your booking and the transmission of your payment to the Service Provider.


§ 2. PAYMENT & BILLING

2.1. Booking Fees: The Company’s mediation service is provided at no additional surcharge to The Customer unless explicitly stated otherwise.

2.2. Payment Processing: Full or partial payment is required in advance to secure a booking. Payments are processed via our authorized third-party payment gateways. By authorizing payment, you agree to the terms of the respective payment processor.

2.3. Currency & Exchange Rates: All transactions are settled in Thai Baht (THB). If you pay using a foreign currency or card:

  • Transactions are subject to the exchange rate determined by the payment gateway or your issuing bank at the moment of transaction.
  • The Company is not liable for currency fluctuation differences between the booking date and the refund date.
  • Invoices issued in currencies other than THB are for reference only; the binding transaction amount remains the THB value at the time of purchase.

2.4. Errors & Adjustments: In the event of a manifest error (an obvious pricing error where the price is disproportionately low compared to market value), The Company reserves the right to cancel the booking and issue a full refund. For additional unbooked services required for service execution (e.g., out-of-zone transfer fees not selected at checkout), we will invoice the difference. Failure to settle this difference entitles The Company to cancel the booking.


§ 3. CANCELLATION & REFUND POLICY

3.1. Standard Cancellation Terms: Cancellation rights vary by product category.

  • Group Tours: Cancellations made more than 48 hours prior to the scheduled tour start time are eligible for a full refund.
  • Private Charters: Subject to specific terms detailed in the product description (generally requiring 3 to 7 days’ notice).
  • Late Cancellation: Cancellations made within the non-refundable window entitle the Service Provider to 100% of the agreed remuneration.

3.2. Modifications: Modifications to the booking date or details are not permitted on the day of service. Any such request is treated as a cancellation and re-booking, subject to full payment.

3.3. Medical Cancellations (Verified): Refund requests due to genuine medical emergencies within the penalty period are granted subject to the following strict conditions:

  • Proof Required: You must present a valid medical certificate issued by a licensed hospital or recognized medical facility.
  • Content: The certificate must explicitly state that the patient is “unfit to travel” or “unfit for sea travel” on the specific tour date.
  • Verification: The Company reserves the right to verify the authenticity of the certificate with the issuing institution.
  • Exclusions: Medical notes from pharmacies, drug stores, or traditional medicine clinics are not accepted as valid proof for a waiver of fees.

3.4. Administrative Processing:

  • Refunds for cancellations initiated by The Company (e.g., due to weather/operator cancellation) are processed at 100% with no deductions.
  • Refunds are processed by our accounting department within 3 business days. The time for funds to reflect in your account depends on your banking institution.

3.5. Vouchers: Once a booking voucher has been redeemed or utilized, the right to cancel is immediately forfeited.


§ 4. LIABILITY & DISCLAIMERS

4.1. Limitation of Liability: Fireleaf Solutions Co., Ltd. is not liable for personal injury, property damage, accident, delay, or irregularity sustained during the tour. Liability rests solely with the Service Provider operating the vessel or vehicle.

4.2. Operational Disputes: In the event of a service failure or breach of contract by the Service Provider, The Company will provide The Customer with the Service Provider’s direct contact details. All claims for damages must be directed to the Service Provider.

4.3. Information Accuracy: While The Company strives for accuracy, we rely on information provided by Service Providers. We accept no liability for errors in brochures, photos, or descriptions provided by third parties.

4.4. Customer Obligations (Transfers):

  • Accuracy: The Customer is responsible for providing accurate pick-up locations and contact details. We are not liable for missed tours due to incorrect data provided by The Customer.
  • Punctuality: The Service Provider will wait a maximum of 10 minutes at the designated pick-up point. Failure to appear within this window constitutes a “No-Show,” and the booking is forfeited without refund.

4.5. Force Majeure: Neither The Company nor the Service Provider shall be liable for failure to perform obligations due to events beyond reasonable control (“Force Majeure”), including but not limited to: severe weather conditions (Red Flag warnings), government-ordered Marine Park closures, mechanical breakdown, civil unrest, or natural disasters. In such cases, The Company will attempt to reschedule or process a refund according to the Service Provider’s specific cancellation policy.


§ 5. INSURANCE COVERAGE

5.1. Mandatory Licensing: The Company only partners with Service Providers who hold a valid Tourism Authority of Thailand (TAT) license. Under Thai Law, these operators are required to hold Accident Insurance covering:

  • Injury: Up to THB 500,000
  • Death/Disability: Up to THB 1,000,000 (Note: Limits vary by policy; exact amounts are governed by the operator’s specific insurance contract).

5.2. Claims Process: As an intermediary, The Company is not the insurer. In the event of an accident, The Customer must file a claim directly against the Service Provider’s insurance policy. The Company will assist by providing necessary documentation.


§ 6. INTELLECTUAL PROPERTY & DATA PRIVACY (PDPA)

6.1. Platform Content: The Customer grants The Company a perpetual, irrevocable, royalty-free right to use any content (reviews, text) submitted to the Platform.

6.2. Reviews: Reviews are managed by an independent third-party system (Judge.me). Reviews must be factual and free of abusive language. The Company reserves the right to remove reviews that violate these standards or are proven to be fraudulent.

6.3. Marketing Photography (PDPA Notice): We respect your privacy under the Personal Data Protection Act (PDPA).

  • Legitimate Interest: By participating in group tours, you acknowledge that atmospheric photography/video may be taken by the Service Provider or our staff for general marketing purposes. We rely on “Legitimate Interest” to use images where individuals are not the central focus.
  • Right to Object: If you do not wish to be photographed or appear in such media, you must explicitly inform the tour guide or boat staff at the start of the service. We will respect your request and ensure you are not featured in promotional material.

§ 7. FINAL PROVISIONS

7.1. Amendments: The Company reserves the right to amend these Terms at any time. Significant changes will be communicated via email two weeks prior to taking effect.

7.2. Severability: If any provision of this agreement is found to be invalid or unenforceable under Thai Law, the remaining provisions shall remain in full force and effect.

7.3. No Waiver: Failure by The Company to enforce any provision of these Terms at any time shall not be construed as a waiver of our right to enforce the breach of such provision at a later time.

7.4. Governing Law & Jurisdiction: These Terms are governed by the laws of the Kingdom of Thailand. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts located in Surat Thani, Thailand.

7.5. Contact & Notifications: The Customer ensures their availability at the provided email address. All official communications should be directed to:

  • Email: hello@samui.tours
  • Phone/WhatsApp: +66 (0) 8 2206 8816