Terms & Conditions – Fish East Asia


1. The company shall be known as Fish East Asia.

2. For all tours, single day, multiple stay and tailor made fishing holidays you will be entering into a contract with Fish East Asia, now known as ‘us’, ‘we’ or the ‘company’

3. The person, persons or group shall be known as the customer or client, and communication will be made via the leading name on all correspondence, quotes etc.

4. Upon notification from the client we will produce a quotation for the chosen fishing day or tour. All correspondence will be via email (info@fisheastasia.com), telephone, fax or written correspondence.

5. Once the quotation has been accepted by the customer, we will provide written or verbal communication of the contract.

6. All prices quoted to the customer by the company will be valid for 5 days, if no acceptance is received from the customer to the company during this period then the quotation will be deemed invalid, and a new one will be desired.

7. All quotations will be given in either Thai Baht, or British Pounds.

8. A 10% deposit will be required for ALL multiple day bookings, tailored holidays and resort packages. Full payment for all of these bookings is required 10 weeks prior to the holiday/tour, and all cancelations or changes as per our terms and conditions set out further in this document. If deposit or full payment is not received within 7 days of the due date, then it will be assumed that cancellation has been made by the client. All payments must be made by the lead booking, acting for the party, as we can only accept communication from the leading name. Once payment has been made, either deposit of full payment then the client has undertaken a contract with Fish Ease Asia.

9. For single day fishing tours in Thailand we will require the hotel, and room number in order for tour confirmation 24 hours prior to the trip. For all single day trips/tours payment will be made prior to the days fishing, when picked up from your hotel. If no confirmation is made by the customer 24 hours prior to the chosen date, it will be assumed that the day is cancelled and payment will still be due.

10. All credit card, and PayPal bookings will be subject to a 3% surcharge to cover all banking charges. For debit cards and bank transactions direct into our UK account there is no surcharge.

11. On all tours you will be accompanied by a Fish East Asia guide, or one of Fish East Asia’a resort partner guides, to help in any way you require. Please make it clear on the morning of your fishing day the extent of help you require, as we appreciate most anglers wish to bait up, cast and land fish themselves. However due to the size of a vast majority of fish in our venues, the guide will always land the fish, and then tell the customer when it is safe, and the right moment for a picture. Please be aware that fish safety is paramount in ALL instances.

12. Fish East Asia will inform all clients of fishery rules prior to them reaching the venue. Many of our resorts have implicit rules for the safety of the fish stocks, and your contract with Fish Ease Asia includes all fishery and regional, national rules.

13. Once deposit or payment has been received, and CLEARED in bank, will a contract become in effect between Fish East Asia and customer.

14. All resort stays, multiple days and tailor made holidays are to be paid in British pounds into our Fish East Asia UK bank account. For single day Thailand tours we accept cash on morning of fishing trip, or direct payment into our Thailand bank account.

15. All prices will be subject to the day of transaction exchange rates i.e payment date, to allow for cleared funds.

2. Cancellation

1.Fish East Asia will only accept cancelation when written notification from the leading name on the booking is received by the company. In all cases of cancelation the deposit, any insurances and surcharges will be forfeited. If the booking is cancelled 10 weeks or less before departure the following cancelation fee’s, expressed as a total percentage of the holiday will become payable to us.

More than 75 days deposit only

40 to 74 days 30%

29 to 39 days 50%

15 to 28 days 75%

14 days or less 100%

If you or anyone going on holiday with you is unable to go for any reason or decides that he/she does not want to take the holiday, you may transfer t he whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us providing you meet the following requirements:-

(a) You must provide us with full details of who cannot or does not want to go on holiday and who you would like to go instead. We must receive this information from you or your travel agent as applicable at least 14 days before the start of the holiday.

(b) Please see clause 4 for details of any amendment fees and other charges/costs which may be payable.

Any part of the booking not transferred and/or subsequently cancelled will be subject to cancellation charges as detailed above.

(c) Everyone who goes on holiday in place of anyone who was originally due to travel must agree to these Booking Conditions and any other requirements which apply to the holiday before the change can be finalized. If the full price should have been paid when the change is requested but hasn’t been, this must also be paid before the change can be finalized.

Written confirmation from us of cancellation by you will be issued within 14 days of our receiving your written notification of your wish to cancel. Contact us or your travel agent immediately if you do not receive this.

It is your responsibility to ensure that all members of your party are in possession of all necessary travel and other documents before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in costs, expenses, fines, surcharges or other financial penalty being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.

Recommendation for Domestic Travel Insurance

During travel, injuries may incur large sums of treatment costs or transportation costs. Accidents may also result in claims for damages and compensations in amounts which are difficult to collect from the offender. In order to secure oneself against such cases, we recommend that the customer take out domestic travel insurance of a sufficient amount. For information regarding domestic travel insurance, please consult the sales staff of the shop at which you applied to the tour.

Prices and surcharges.

We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any changes or errors of which we are aware and of the then applicable price at the time of booking. Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of increases or decreases in transportation costs You have 14 days from the issue date printed on the surcharge invoice to tell us in writing if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.

Alteration/Cancellation by Fish East Asia Ltd

Preparation and arrangements for the holidays on this website and in our brochure are made many months in advance.

Occasionally, we have to make changes to and correct errors in website and/or brochure and other details before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so. However, in no case will we cancel your confirmed holiday less than ten weeks before departure except where we are forced to do so as a result of ‘force majeure or failure on your part to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time). Most changes are minor. Occasionally, we have to make a significant change. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect will have a major effect on your holiday.

Medical conditions and disabilities.

If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us (if you are booking direct) or your travel agent before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. (If you wish to book online you should email or telephone us with these details prior to making your booking online). You must also promptly notify us of any deterioration or adverse change in or development of any medical condition or disability which may affect your holiday. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline the booking or, if full details are not given at the time of booking, cancel when we become aware of these details.

Liability of Fish East Asia

Fish East Asia will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –

– the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or

– the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or ‘force majeure’.

Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website or in our brochure and we have not agreed to arrange them and any activity or excursion you purchase in resort.

Fish East Asia does not provide insurance cover for our clients. Customers should ensure that they have suitable and up to date insurance cover on arrival in Thailand, and have all visa’s and valid travel documents.

Force Majeure

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

Damage by and social Responsibilities of the client.

Fish East Asia and its employees shall be entitled to recover from you the cost (reasonably estimated if not precisely known) of any damage or loss caused by you either during or after your holiday. If the actual cost of any damage or loss is less than the amount paid by you at the time where only an estimate could be given, the difference will be refunded. Any extra must be paid if the actual cost turns out to be more than was paid at the time. You agree to behave reasonably and not to disrupt the enjoyment of others on holiday with you or prejudice Fish East Asia reputation. We reserve the right to immediately terminate the holiday of any client whose behavior, in our reasonable opinion or in the reasonable opinion of any other person in authority, causes or is likely to cause distress, danger or annoyance to other clients, employees or to any third party or damage to property. Fish East Asia has a zero tolerance to all verbal, racial, sexual and physical acts to any Fish East Asia staff, or third party. In the event of such termination, our responsibility for the client concerned immediately ceases and we will have no further contractual obligations towards that person including return travel arrangements. We shall further be under no liability to make any refunds or meet any costs or expenses incurred by you as a result or pay any compensation.

The Website.

• All material on this website belongs to Fish East Asia or its website designers, licensors or third-party contractors. • All images are copyrighted, either from stock image licensing, graphic design, Fish East Asia or its clients and customers. • You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through this website • You acknowledge that the original designers, Fish East Asia cannot be held responsible for the contents of any website linked to from this website • Using hyperlinks to any other service or site from this website is done at your sole risk.

Copyright

• Fish East Asia respects the intellectual property of others, and we ask our clients to do the same. • Our clients are not web designers. • If you believe that your work has been copied and is accessible on Fish East Asia web site in a way that constitutes copyright infringement, or that the web site contains links or other references to another online location that contains material or activity that infringes your copyright, we would ask affected parties to simply contact Fish East Asia to remove offending material, rather than taking aggressive action. • Fish East Asia will request that all pictures, videos etc can be used on all Fish East Asia promotions, web sites and social media sites i.e Facebook, Twitter etc. We will make this clear and concise during the booking process, and whilst on the arranged tour.

• All photographs, video’s, pictures etc taken by Fish East Asia and its staff will be copyright products of Fish East Asia, and only on request can be used in any customer or third party advertising and promotion.

In using this website:

• You acknowledge that you are using the website at your own risk. the websites provided “as is,” and to the extent permitted by applicable law, Fish East Asia and its affiliates hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the website

• Fish East Asia and its affiliates have taken steps to provide a reliable, secure and fast service. However, neither Fish East Asia nor its affiliate do represent or warrant that access to the website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service.

• There are links on Fish East Asia web site to third party web sites which Fish east Asia has no control over. Fish East Asia accepts no responsibility or liability for any third party practices on third party websites. Fish East Asia advises you to carefully read 3rd party privacy statements prior to the use of any third party website.

• The Fish East Asia website and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of; o your access to or inability to access the website, including for viruses alleged to have been obtained from the website; o your use of or reliance on the website or any of the information or materials available on the website regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

Privacy

• The information that you provide about yourself to Fish East Asia website will only be used by Fish East Asia in accordance with this document. This document does not apply to third party sites

Disclosures

• Fish East Asia may disclose client information, under strict terms of confidentiality and restriction of use, to partners of Fish East Asia website who supply services on behalf of Fish East Asia website and who require to process personal data in the provision of such services. When you use Fish East Asia website services you are consenting to the disclosure of your personal information to Fish East Asia website partners. Fish East Asia website will not disclose any of your personal information to any other third parties without your express consent.

• However, under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of its website and safeguard the interests of its users, Fish East Asia will comply with any such legally binding request.

• You agree that this document, for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Agreement. • For the exclusive benefit of Fish East Asia shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

Information Collected

• Identifiable information – Your information is collected when you fill in a form on Fish East Asia website, or you send an email to Fish East Asia. The information that is provided by you will only be used for the purpose for which it is provided, unless you are informed otherwise at the time of giving the information. You may inform Fish East Asia at any time if you wish Fish East Asia website to cease using your personal information.

Cookies

We use cookies (small collectable pieces of information) on our website for statistics purposes only (i.e. what you’ve clicked on, what pages you’ve visited). No information apart from what you clicked on is collected by us.

Use of personal information

• Fish East Asia website processes personal information for the purpose of providing a personalized service, conducting market research surveys, running competitions and providing you with information about products and services on offer. • Fish East Asia may from time to time use your contact information to tell you about news or events provided by Fish East Asia or one of its strategic partners. You may opt-out of receiving such mailings at any time.

International Transfers

• Due to the international nature of the Internet, the collecting and processing of your personal information in accordance with Fish East Asia privacy document will often involve transferring the data between countries in which Fish East Asia website and strategic partners are located. • Fish East Asia website shall take steps to ensure that any transfer of data to a country or territory outside the European Economic Area, whose laws provide for a different standard of protection for your personal data than that provided under English law, shall be made subject to contractual arrangements which will require that your data be processed to at least a standard compliant with the Data Protection Act 1998.

Security

• This Website has no security measures in place to protect against loss, misuse and alteration of your personal information under. Although Fish East Asia strives to protect your personal information, Fish East Asia cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once Fish East Asia receives the transmission, Fish East Asia makes best efforts to ensure the security on the system.

Complaints.

Should you have a problem or complaint at any time during your holiday, you must report it immediately to the Fish East Asia staff member representative and, if applicable, the supplier of any other services concerned who will endeavor to put things right quickly. Any complaint, which is notified verbally, must also be put in writing as soon as possible during your holiday. If you remain dissatisfied, please write to our Customer Service Department at:

Fish East Asia

Kemp House,

152 City Road,

London,

EC1V 2NX

England

or email us at (info@fisheastasia.com) within 21 days of your return from holiday, giving all relevant information. Please include your e -mail address and daytime and evening telephone numbers, as this will enable us to respond to you more quickly. If you are not satisfied with our response we must be informed within another 21 days from the date of our correspondence. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.

Any Other Terms

Competitions

If Fish East Asia website runs competitions, free prize draws and promotions on this website:

  • There will be no cash alternative in place of any prizes won
  • Prizes are transferable with the approval of Fish East Asia
  • These competition terms are subject to additional terms that will be made available at the time.

Sea Fishing Charters

All sea fishing charters are undertaken by the customer in the knowledge that they are aware that any further rules, terms and conditions made by the skipper will become in force, and supersede these terms and conditions.

Final Note

This document is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.

If any provision of this document is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this document, which shall remain in full force and effect.

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