Terms of Service
I, the undersigned participant, hereby acknowledge that I have voluntarily chosen to participate in the tour organized and operated by Nicha Exploration (Thailand) Co., Ltd. (hereinafter referred to as the "Tour Operator"). In consideration of being permitted to participate in the tour, I agree to the following terms and conditions:
Assumption of Risk: I am aware that participating in the tour involves certain inherent risks, including but not limited to accidents, injuries, property damage, illness, and other unforeseen events. I acknowledge that these risks may arise from the nature of the activities, the condition of the tour location, or the actions of other participants or third parties.
Health and Fitness: I affirm that I am in good health and physically fit to participate in the tour. I acknowledge that it is my responsibility to seek medical advice and make any necessary arrangements to ensure my physical fitness and well-being during the tour. I will inform the Tour Operator of any medical conditions, allergies, or other relevant information that may affect my participation.
Release and Waiver: To the fullest extent permitted by law, I hereby release, discharge, and hold harmless the Tour Operator, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, losses, damages, costs, or expenses (including attorney's fees) arising out of or in connection with my participation in the tour. This includes claims arising from the Tour Operator's negligence or any other act or omission.
Indemnification: I agree to indemnify and hold the Tour Operator harmless from and against any claims, demands, actions, or liabilities arising from my actions or the actions of any third party during the tour. I will be responsible for any costs or damages incurred by the Tour Operator as a result of such claims or actions.
Tour Modifications: The Tour Operator reserves the right to modify, alter, or cancel the tour itinerary or any part thereof, as deemed necessary or advisable. In such cases, the Tour Operator shall not be held liable for any losses or additional expenses incurred by the participant.
Third-Party Providers: The Tour Operator may engage the services of third-party providers, such as transportation companies, accommodations, and activity organizers, to fulfill the tour arrangements. I acknowledge that the Tour Operator is not responsible for the actions, omissions, or negligence of these third-party providers, and any claims or disputes arising from their services should be addressed directly with them.
Photography and Media: I grant the Tour Operator the right to take photographs, videos, or other media recordings during the tour and to use them for promotional or marketing purposes. I waive any rights or claims to compensation for the use of such media.
Governing Law and Jurisdiction: This term of service shall be governed by and construed in accordance with the laws of Thailand. Any disputes arising from or in connection with this waiver shall be subject to the exclusive jurisdiction of the courts of Thailand.
Data Sharing and International Transfers: By booking with Nicha Exploration, you acknowledge and consent to the sharing of personal information, including but not limited to *personal information, passport details, dietary restrictions*, with our affiliated entities and service providers in Thailand. This transfer is necessary to facilitate on-ground services and ensure compliance with local regulations. We commit to handling your personal data with the utmost care, in accordance with applicable privacy laws and industry best practices. You agree that your personal information may be transferred and stored outside your country of residence, and you consent to this transfer as part of our service agreement.
I have read and understood this liability waiver, and I voluntarily agree to its terms and conditions. I acknowledge that I am giving up certain legal rights by signing this waiver, and I do so knowingly and willingly.
Last updated: June 12, 2023
Bo Nichapat Srivalwat
Founder of Nicha Exploration (Thailand) Company Limited