CYCLING TOURS TERMS & CONDITIONS

Completion of Contract

A contract is being completed between you and Siam Bike Tours (SBT) by inscribing yourself. The terms of the business of SBT are the basis of this contract. The person inscribing will be held responsible for the liability of all person inscribed by him.

Services

Our services are being described within the present website. Any special requests or side agreements will only be part of the contract if confirmed unconditionally by SBT in written form.

Payment

Upon receiving SBT’s booking confirmation, you will have to make a down payment of 25% of the amount due. The rest has to be paid 6 weeks ahead of the starting date of your trip. If the payment has not been made on time, SBT may deny the booked services and claim processing fees.

Withdrawal by Traveler

The traveler’s withdrawal will take effect after a written withdrawal declaration has come in at SBT. The following cancellation fees will be charged:

• 90 days before starting the tour: Admin expenses (Bank fees, any costs caused by cancellation)
• 60 to 89 days before starting the tour: Deposit paid
• 45 to 59 days before starting the tour: 50% of tour price
• 15 to 44 days before starting the tour: 70% of tour price
• 0 to 14 days before starting the tour: 100% of tour price

By paying a fee of THB 5,000 you may change your booking to a person replacing you up to 14 days before starting the trip. In addition to this person, you will remain fully liable for paying the full travel price towards Siam Bike Tours.

Change of reservation

There is no legal right to make changes with respect to the date of the journey and the destination after concluding the contract. If changes of reservation are possible and Siam Bike Tours agrees to them, the following cancellation fees will be charged. You have to alert us to this change in writing.

• 59 to 45 days before departure: THB 10,000
• 15 to 44 days before departure: THB 15,000

Change of Programme and/or Price

SBT reserves the right to change the catalog of services and prices/rates before your booking. If this is the case, SBT will duly inform you before the completion of the contract. Any increase in prices and rates may be necessary for the cost of transport or the hotel rates increase, or if the currency exchange rate is modified.

Minimum Number of Participants

All offered trips will take place at a minimum number of 4 participants. If this number is not reached, SBT may cancel the trip until 14 days before its starting date.

Cancellation

SBT is entitled to cancel the trip if by your acts or omissions you are creating a justifiable cause. In this case, SBT will refund the traveling price paid.

You are starting a trip but cannot finish it

If due to any reason you abandon a trip ahead of time, no refund can be made.

Changes of Programme, Failure of Service

If during the trip a change of program has to be made (e.g. due to weather conditions) that affects a considerable part of the planned trip, SBT will refund the possible difference between the agreed travel price and this of the services adduced.

Force Majeure

Any events of force majeure such as riots, catastrophes, epidemics, etc. may cause SBT to cancel the trip. In such a case SBT will inform you as soon as possible.

Travel Cancellation Insurance

A travel cancellation insurance is not included in SBT’s tours. Such an insurance may be contracted with any travel insurance company.

Liability

SBT is liable within the limits of its obligation to exercise diligence for all specified services. The traveler takes part in the trip at his own risk. Particularly, the traveler is responsible for his state of health, his road behavior, the observance of the traffic regulations and all other local regulations regarding traffic. In no case, SBT may be held liable for any physical or material damages, that the traveler may suffer or cause by practicing cycling, even when riding in an SBT’s group or with a guide.

Court of Jurisdiction

The Court of Jurisdiction is in Thailand.

BIKE RENTAL TERMS & CONDITIONS

1. Contractual partner and contract duration

1.1. Contractor

The contractual partners are the lessee (hereinafter referred to as “lessee”) and Siam Bike Tours Co. Ltd. (hereinafter “lessor”).
With the receipt of a rental bike from the bike park (hereinafter “bike”) arises
a contract between lessee and lessor. These rental conditions apply to the rental of bicycles and the resulting rights and obligations.
The lessor is obliged to provide the lessee with a bicycle that is usable and roadworthy for the duration of the contract.
The lessee is obliged to pay the total rental price upon conclusion of the contract. The prices valid at the time the contract was concluded apply (see siambiketours.com).

1.2. Duration of Contract and Liability for Default

The rental agreement for the bicycle is closed for a specific period of time. After consultation and availability, the bike can be picked up the evening before at the Siam Bike Tours Shop. If the return is delayed, the rental contract will not be extended. The lessee does not give the bicycle to the lessor at the end of the agreed rental period – even through no fault of his own
back, the latter is entitled to claim compensation for use for the duration of the withholding
To demand payment at least in the amount of the previously agreed rent. The assertion of further damage is not excluded if the lessee is responsible for the delay.

1.3. Early return

If a lessee returns the bicycle before the contractually agreed end of the rental period, he is not entitled to a refund of the difference. The right to extraordinary termination for important reasons remains unaffected.

1.4. Definition of weekly rent / daily rent

The counting of days and time for daily bicycle rental is based on the principle of 24 hours, which constitutes one full day of rental. For instance, if you pick up the bicycle on Monday at 1:00 PM and return it by Tuesday at 1:00 PM, it will be considered a single day of rental.
The discounts commence from one week of rental onward and may vary depending on the bicycle model (refer to siambiketours.com for details)

1.5. Cancellation

The rental agreement comes into force upon payment of the agreed rental sum. If the lessee cancels the rental agreement, no refund will be made.

2. Use and return of the bicycle / notification of damage and other obligations

2.1. Condition bike and unauthorized use

The Lessor shall make the bicycle available to the Lessee in a professional, usable and roadworthy condition and cleaned. The lessee is obliged to use the bicycle carefully and professionally and to observe the traffic regulations. The lessee is prohibited from using the bicycle under the influence of drugs and alcohol. The lessee is not permitted to make modifications or other interventions on the bicycle. The lessee may make additions (e.g. triathlon attachment) at his own risk.

2.2. Disclosure requirements

If damage occurs during use, whether through fault or without fault, the lessee shall notify the lessor of this damage immediately. The lessee is obliged to inform the lessor of all the details of the damage. If damage means that the bicycle is no longer usable, the lessor will provide the lessee with an equivalent bicycle as a replacement. Liability according to Section 3 remains unaffected.

2.3. Exchange

If the bicycle is exchanged, the lessor is entitled to charge a fee of 300 THB, unless the exchange is based on a defect that was already present at the time of delivery. If you change to a higher price category, the difference is due
pay. If you change to a lower category, there is no right to a refund of the difference.

2.4. Obligation to report theft and accidents

In the event of theft or a traffic accident, the lessee must immediately inform or call in the police with the help of the lessor and inform the lessor. Otherwise, the lessee shall be liable to the lessor for any damage resulting from the violation of this obligation.

2.5. Return

The lessee is obliged to return the bicycle after the end of the rental agreement in the same condition in which it was handed over, apart from normal dirt. Bikes must be returned at the Siam Bike Tours shop, Boat Avenue @ Laguna 21/9 Lagoon Road, Choeng Thale, Thalang, Phuket 83110, Thailand.
The final cleaning fee of THB 200 will be added to the rental price at the time of booking.

3. Lessee’s liability for damage and loss

3.1. General liability of lessee

The lessee is liable for all personal injury and damage to property, including accident and liability damage as well as for negligent, grossly negligent and intentional damage
Act. The lessee is liable to the lessor for damage, loss and/or breaches of other contractual obligations during the rental period. If, as a result of damage to the bicycle for which the lessee is responsible, there is a specific rental loss due to a longer repair, the lessee is liable for each repair day (guide price extension day according to discount scale). In case of destruction of liability is based on the current price of the corresponding rental bike in accordance with the lessor’s current sales price list. The rent paid by the lessee will be deducted from the list price. In the event of intentional or grossly negligent damage, the lessee is particularly liable for repair costs and spare parts. Further damages remain unaffected.

3.2. Liability for theft

The lessee is also liable to the lessor for theft or any other loss of the bicycle. In the event of theft or loss, the lessee is liable up to the amount of the current price on the lessor’s sales list. The rent paid by the lessee will be deducted from the list price. This limitation of liability does not apply if the lessee caused the damage intentionally or through gross negligence.

3.3. Reimbursement of liability

If the bicycle is found again after it has been stolen, the lessor will reimburse the lessee for the liability amount in accordance with Section 3.2. provided that the bicycle is still in a condition in which the lessor can continue to rent it out at its reasonable discretion. The lessor exercises reasonable discretion from the point of view of a specialist and, if necessary and as a gesture of goodwill, informs the lessee of the basis of the decision.

3.4. Exclusion of liability of the lessee (“bicycle insurance”)

Claims by the lessor in the event of accidental damage can be excluded by the lessee for an additional fee (for prices, see siambiketours.com). Claims for accidental damage are only excluded if they are not based on intent or gross negligence on the part of the lessee.

3.5. Additional equipment

All bikes are equipped with a speedometer, mini pump and a tube bag with a tube and two tire levers. All e-bikes are equipped with a driving assistant, charger, tube bag with tube and 2 tire levers. Missing parts must be paid for by the lessee when returning the bike according to the price list.

3.6. Collateral

The lessee presents the lessor with a valid identification document (passport, identity card, ID) when picking up the bicycle.

4. General provisions and applicable law

4.1. Written form, completeness and severability clause

The contract must be in writing. Changes or additions to the contract must also be in writing. Oral side agreements exist
not. The legal ineffectiveness of individual parts and provisions of these General Rental Conditions does not affect their validity in other respects.

4.2. Choice of Law and Venue

The provisions of this contract are governed by Thai law. The courts at the Lessor’s registered office have exclusive jurisdiction for all disputes arising from or about this contract.

4.3. On Bill

Offsetting against the lessor’s claims is only permitted with undisputed or legally established claims of the lessee