Terms and conditions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, viewing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online hotel reservation service provided on these pages and through the website (the "service") are owned, operated and provided by Online Holidays pty ltd ("Kohsamuibeachholiday.com", "us", "we" or "our") and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
1. Scope of our Service
Through the website we (Kohsamuibeachholiday.com and its affiliate (distribution) partners) provide an online platform through which hotels (including all types of temporary accommodation) can advertise their rooms for reservation, and through which visitors to the website can make such reservations. By making a booking through Kohsamuibeachholiday.com, you enter into a direct (legally binding) contractual agreement with the hotel at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the hotel, transmitting the details of your reservation to the relevant hotel and sending you a confirmation email for and on behalf of the hotel.
When providing our services, the information that we disclose is based on the information provided to us by the accommodation provider. As such, the accommodation providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website.
Kohsamuibeachholiday.com does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any hotel made available. Although we will use reasonable attempts and care in providing our services we will not verify if, and cannot guarantee that, all information is accurate, correct or complete, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
All prices on Kohsamuibeachholiday.com website are per room, per night and are displayed including 21% service tax (subject to change of such taxes), unless stated otherwise on our website or the confirmation correspondence.
Sometimes cheaper rates may be available at our website for a specific period at the hotel, however these rates are made by the accommodation provider and may carry special restrictions and conditions, such as cancellation and refund policies. Please check the room and rate details thoroughly for any conditions prior to making your reservation.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
4. Credit card
Hotels require contact and credit card details to guarantee your reservation. As such, we will send your credit card information directly to the hotel at which your booking is made and we may verify (i.e. pre-authorise) your credit card as well. In order to safeguard and encrypt your credit card information when in transit to us, we use the "Secure Socket Layer (SSL)" technology for our services.
For certain rates or special offers, please note that your credit card may be pre-authorised or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation.
By making a reservation with a hotel, you accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation or during your stay, including for services rendered and/or products offered by the hotel (the delivery terms and conditions of a hotel can be obtained with the relevant hotel). The general cancellation and no-show policy of each hotel is made available on our website at the hotel information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the hotel’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the hotel carefully prior to making your reservation.
7. Further correspondence
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your booking and destination, and (ii) an email which we may send to you promptly after your stay at the hotel inviting you to complete our guest review form. The completed guest review may be uploaded onto the relevant hotel’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the hotel. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever. Other than the email confirmation providing for the confirmation of the booking and the emails detailed above, we shall not send you any further (solicited or unsolicited) notices, emails or correspondence, unless you specifically agree otherwise.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the hotel as made available on our website, (iii) the services rendered or the products offered by the hotel, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the hotel (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Kohsamuibeachholiday.com, its suppliers or providers.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Australian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Sydney, Australia.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
10. About Kohsamuibeachholiday.com
All of our services are rendered by Online Holidays pty ltd (Kohsamuibeachholiday.com), which is a private limited liability company, incorporated under the laws of the Australian Corporations Act 2001 and having its offices at 4 Toorak Avenue, Taren Point, NSW, Australia and registered with ASIC.