General terms and conditions
Article 1 Definitions
1.1 In these General Terms and Conditions the following terms shall have the following meaning, unless expressly stated otherwise or if a different meaning should appear from the context:
a. BeenInAsia.com: the User of these General Terms and Conditions: BeenInAsia.com registered at
760, Lakeside Villa 1, Moo 15, Bangna Trad 5.5 Road
Bangkaew, Bangplee, 10540 Samutprakan, Thailand,
registered with the Chamber of Commerce (Limburg – the Netherlands),
under KVK-number 54905303;
tel.nr: +66 922531101 (Thailand)
b. Visitor: the visitor to the website;
c. Customer: the visitor who books a (day) excursion, accommodation or other activities and/or services with one or more Service Providers through BeenInAsia.com;
d. Website: the website www.beeninasia.com operated by BeenInAsia.com;
e. Excursion: an excursion and any associated services such as transfers, offered through the Website by one or more Service Providers;
f. Service Provider: the organizer of or the party responsible for a (day) excursion, the provider of other services at the destination, such as transport services, or a hotel;
g. Partner: the company to which the Website contains a link and which offers accommodation or airline tickets through its own website.
Article 2 General
2.1 These General Terms and Conditions apply to the use of the Website and to all services performed by BeenInAsia.com as instructed by Customer.
2.2 Any deviations from these General Terms and Conditions are valid only if expressly agreed by email.
2.3 In the event that one or more of the provisions of these General Terms and Conditions should be invalid or declared null and void, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. In that case BeenInAsia.com and Customer shall consult each other in order to agree new provisions to replace the invalid or annulled provisions, taking into account the purpose and intention of the original provisions to the extent as possible.
2.4 The Website functions as an intermediary between Customer and Service Providers.
Article 3 Offers and Prices
3.1 All offers are free of engagement unless stated otherwise.
3.2 Prices shall not be binding on BeenInAsia.com in case of printing errors, typographical errors or programming errors in its offers, mailings or its Website
3.3 The Service Provider determines the prices and the number of available places.
3.4 All prices quoted in the Website are generally displayed in US dollars. The Website offers the possibility to show prices in euro and pounds.
3.5 The prices quoted on the Website may be changed at any time without further notification. Such changes in prices shall not apply to bookings already made.
3.6 Local authorities of certain countries may levy additional taxes, charges and/or levies (tourist tax and such), which must be paid at the destination. Such taxes are not included in the price of the booking. Customer only is responsible for the payment of any such additional taxes.
Article 4 Bookings and cancellations
4.1 BeenInAsia.com can book accommodation, transport services, excursions and such for Customer. In that case BeenInAsia.com concludes an agreement between Customer and a Service Provider. BeenInAsia.com itself shall not be a party to the agreement eventually concluded between Customer and a Service Provider. This agreement shall be subject to any General Terms and Conditions of Service Provider. One is expressly referred to the cancellation terms used by Service Providers. Any bookings are made subject to the suspensive conditions of availability.
4.2 The agreed price of the booking may be charged to Customer by BeenInAsia.com or directly by the Service Provider. An Excursion booked shall be charged to Customer by BeenInAsia.com. In case the price must be paid to BeenInAsia.com, BeenInAsia.com shall receive payment on behalf of Service Provider.
4.3 The cancellation terms of the Service Provider for which BeenInAsia.com has made a booking on behalf of Customer shall be communicated to Customer by email. Any cancellation costs resulting from a booking cancelled by Customer must be paid by Customer. In case the cancellation costs are charged to BeenInAsia.com by the third party concerned, said costs shall be charged to Customer by BeenInAsia.com.
4.4 Cancellation must take place by means of an email sent to email@example.com. The cancellation of a booking is looked into on behalf of Service Provider.
Article 5 Cancellation of an Excursion
5.1 In case BeenInAsia.com books an Excursion with Diethelm Travel as instructed by Customer, and Customer cancels the Excursion, Customer is obliged to pay cancellation costs. These cancellation costs are in case of cancellation:
a. until 63 days prior to the start of the Excursion: 0% of the total price of the Excursion;
b. from 62 to 48 days prior to the start of the Excursion: 30% of the total price of the Excursion;
c. from 47 to 32 days prior to the start of the Excursion: 50% of the total price of the Excursion;
d. from 31 to 17 days prior to the start of the Excursion: 60% of the total price of the Excursion;
e. from 16 to 10 days prior to the start of the Excursion: 80% of the total price of the Excursion;
f. from 9 to 0 days prior to the start of the Excursion: 100% of the total price of the Excursion;
5.2 In case Customer is not present at the time and location agreed at the start of the Excursion, the Excursion is considered to be cancelled by Customer, and Customer shall be charged 100% of the total price of the Excursion by way of cancellation costs.
5.3 Customer has the option to cover the risk as described in this article by taking out a cancellation insurance.
5.4 In case Customer has already paid the price of the Excursion prior to the moment of cancellation, the cancellation costs shall be set off against the amount paid. If Customer has not paid the price of the Excursion prior to the moment of cancellation, BeenInAsia.com shall send Customer an invoice for the cancellation costs.
Article 6 Conclusion of the booking and confirmation
6.1 The booking is concluded at the time of acceptance of the offer by Customer and by meeting the required conditions.
6.2 Customer is responsible for the provision of the information required to conclude and carry out a correct booking. This includes for instance providing the correct name, email address and telephone number.
6.3 Immediately upon conclusion of the booking BeenInAsia.com shall send Customer a confirmation email containing the details of Customer's booking.
6.4 In case of changes to be made as per Customer's instructions after the conclusion of the agreement, BeenInAsia.com may charge additional communication and additional booking costs. Any changes will not be part of the Agreement until after they have been confirmed by BeenInAsia.com by email.
Article 7 Voucher for Excursion
7.1 After payment of the Excursion booked by Customer, Customer shall receive an email containing a voucher in the form of an attached pdf file. The email contains a description of the way in which Customer can print the voucher. Printing the voucher requires the Adobe Acrobat Reader program.
7.2 Customer is obliged to present the printed voucher to the Service Provider or any third parties engaged by Service Provider at the start of the Excursion.
7.3 BeenInAsia.com is not liable for any damage in case delivery of the voucher fails because of errors in the email address provided.
7.4 Customer cannot exchange the voucher supplied for cash.
Article 8 The Excursion
8.1 The Excursion is offered by Service Provider, and is booked through the intermediary of BeenInAsia.com. That means that BeenInAsia.com does not accept responsibility for the performance of the Excursion at the time at which the booking is made. BeenInAsia.com cannot be made liable for the services provided by Service Provider.
8.2 Customer participates in an Excursion at Customer's risk. BeenInAsia.com is not liable for any damage caused to Customer while participating in an Excursion.
8.3 At the destination Customer is required to enquire with the Service Provider about changes with respect to the Excursion, such as starting time and such. The dates and times of the Excursion referred to on the Website are subject to change. BeenInAsia.com is not liable for such changes.
8.4 The duration of the Excursion may change due to for instance changes in timetables.
8.5 The specific destinations and local circumstances and sometimes adventurous nature of the Excursion may result in changes of the program prior to or during the Excursion. Said changes in the program may result in changes in itineraries, activities, locations and local transport compared to those published on the Website. In such a case Customer shall be offered alternatives by Service Provider, which will maintain the character of the Excursion to the extent as possible. BeenInAsia.com cannot be made liable for any changes in the Excursion.
8.6 The Excursion may be cancelled by Service Provider in case the minimum number of participants is not reached. Customer will be informed of this by email 6 weeks prior to the start of the Excursion. An Excursion may also be cancelled due to weather conditions or force majeure. In case Customer does not wish to use the offer to participate in a different Excursion after cancellation, the price which Customer paid for the Excursion shall be returned to Customer.
Article 9 Payment
9.1 Payments shall take place through the Website, for instance by credit card or iDEAL.
Article 10 Costs of Collection
10.1 The judicial and extrajudicial costs of collection caused to BeenInAsia.com in order to collect the claim against Customer shall be charged to Customer.
10.2 The extrajudicial costs of collection shall be 15% of the principal amount for the first € 2.500,- of the claim, and 10% of the principal amount for the next € 2.500,- of the claim, with a minimum of € 40,-.
Article 11 Responsibility for links on the Website and Partners
11.1 The Website contains links to websites of Partners. These websites are not operated by BeenInAsia.com. BeenInAsia.com cannot permanently monitor the websites of Partners, or accept any liability for the contents thereof. BeenInAsia.com cannot be made liable for said contents.
11.2 Visitor may book a hotel or airplane ticket with Partner through the website of the Partner. Visitor acknowledges that BeenInAsia.com is no party to the agreement between Partner and Visitor.
11.3 Visitor himself is responsible for the content matter of the agreement entered into between Visitor and Partner. Partner may declare that this agreement is subject to its general terms and provisions. The General Terms and Provisions of BeenInAsia.com shall not be part of the agreement between Visitor and Partner.
11.4 In case Partner does not fulfill the agreement entered into between Partner and Visitor, that will be a matter between Visitor and Partner.
11.5 BeenInAsia.com can never be made liable for any acts and/or omissions on the part of Partner.
Article 12 Obligations of Customer
12.1 Customer himself is responsible for seeking information about regulations that apply at the destination and/or that apply to the Excursion booked, such as required documents or vaccinations, and for meeting said regulations, costs to be borne by Customer. BeenInAsia.com can never be made liable in case Customer cannot participate in the Excursion and/or other activities booked, because Customer has not complied with said regulations.
Article 13 Complaints
13.1 Complaints about the Website or acts on the part of BeenInAsia.com may be submitted to:
An Phu Compound, Cherry Blossom 5
36 Thao Dienstr, Q2
Ho Chi Minh City - Vietnam
13.2 Complaints will be settled by BeenInAsia.com within 30 days. In the unhoped-for event that settlement of a complaint is not possible within 30 days, Customer shall be informed of the time of the delay.
13.3 Complaints about an Excursion and/or other services of Service Provider must be submitted to Service Provider or any third parties engaged by Service Provider at the destination.
Article 14 Liability and limitation
14.1 BeenInAsia.com cannot be required to compensate any damage which is a direct or indirect consequence of any acts or omissions of Customer.
14.2 BeenInAsia.com is not liable for any damage of whatever kind caused by BeenInAsia.com acting upon incorrect and/or incomplete information provided by Customer.
14.3 The information and services mentioned on the Website, may contain technical inconsistencies and/or typographical errors.
14.4 BeenInAsia.com can never guarantee that the information on the Website is correct. BeenInAsia.com will make every effort in order to keep this information consistently correct to the extent as possible. External influences, e.g. from hackers, may always occur, and may lead to distorted information. BeenInAsia.com is not liable for any distorted information
14.5 BeenInAsia.com is not liable for any damage caused by unavailability of the possibility to make bookings, non-accessibility or removal of the Website due to maintenance or otherwise, either temporarily or otherwise.
14.6 Customer acknowledges that BeenInAsia.com acts as an intermediary only, and therefore, cannot in any way be made liable for the Excursion and other services booked by Customer with one or more Service Providers through BeenInAsia.com. BeenInAsia.com is not liable for any acts, errors, omissions, statements, guarantees, infringements, negligence or a Service Provider or for any personal injury, death, damage to property or other damage or costs resulting from that.
14.7 BeenInAsia.com is not liable for inconsistencies in descriptions or photos of Excursions, activities, locations, accommodation or airplane tickets shown on the Website and supplied by Service Providers or a Partner. Customer is required to check these descriptions and/or photos before booking.
14.8 Recommendations for hotels, Excursions, activities, locations and such are prepared by BeenInAsia.com with utmost care. However, BeenInAsia.com cannot guarantee that the recommended third parties meet Customer’s expectations or that said third parties still provide the desired products and/or services at the time at which Customer visits Asia. Therefore BeenInAsia.com is never liable for any failure on the part of recommended third parties
14.9 By offering an Excursion on the Website BeenInAsia.com does not guarantee that the Excursion is without any risks. BeenInAsia.com is not liable for damage or loss resulting from participation in an Excursion.
14.10 BeenInAsia.com is not liable for damage if said damage is not the fault of BeenInAsia.com or if said damage is not reasonably attributable to BeenInAsia.com on the basis of Dutch law or according to generally accepted views in the Netherlands, or if said damage is not for the account of BeenInAsia.com.
14.11 BeenInAsia.com is never liable for indirect damage or consequential damage, including loss of profit or loss of savings.
14.12 In case BeenInAsia.com should be liable for any damage the liability of BeenInAsia.com is limited to the amount to be paid by the insurer of BeenInAsia.com. In case the insurer should not effect payment in any given case or if the damage is not covered by the insurance the liability of BeenInAsia.com shall be limited to the invoice amount
14.13 The limitations of liability for direct damage contained in these General Terms and Conditions do not apply in case the damage was the result of intent or conscious recklessness of BeenInAsia.com or its subordinates.
14.14 Rights of action and other rights or powers of Customer, however caused, towards BeenInAsia.com shall in any case be cancelled after expiry of 1 year from the time at which the circumstance occurs that Customer may assert these rights and/or powers vis-à-vis BeenInAsia.com.
Article 15 Confidentiality
15.1 BeenInAsia.com and Customer are under the obligation to keep secret any confidential information which they obtained from each other as part of their Agreement. Information is considered confidential if declared confidential by the other party or if its confidentiality results from the nature of the information. The Party receiving confidential information shall use this information only for the purpose for which it was given.
Article 16 Security and the internet
16.1 BeenInAsia.com shall take appropriate security measures in order to protect the Website against risks of unauthorized access or modification, destruction or loss of the data entered through the Website by Customer.
Article 17 Force Majeure
17.1 BeenInAsia.com cannot be made liable for the failure to fulfill its obligations or part thereof towards Customer in case of force majeure. Force majeure is also understood to include a non-attributable failure of third parties engaged, permanent or temporary non-availability of sufficient hardware, software and/or internet- or other telecommunication connections which are necessary for the provision of the services, and any other situation which cannot be decisively influenced by BeenInAsia.com.
Article 18 Intellectual property rights
18.1 The texts, photos, images, (data)files, trade and domain names, brands and logos on the Website are protected by intellectual property rights and are the property of BeenInAsia.com, the Service Providers or the Partners. It is strictly prohibited to store, reproduce, change, publish, distribute, send, sell or transfer in any other way the information on the Website (except the information required to browse the Website) or grant any rights to do so to any third parties without the prior permission of BeenInAsia.com.
18.2 Customer is prohibited from falsifying, copying or reproducing vouchers in any way.
Article 19 Applicable law and jurisdiction
19.1 The Agreement between Customer and BeenInAsia.com is governed by Dutch law.
19.2 Any disputes between Customer and BeenInAsia.com shall be submitted to the exclusive jurisdiction of the competent Court in the Netherlands in the district in which BeenInAsia.com has its registered place of business. Customer may opt for settlement of the dispute by the court having jurisdiction on the basis of the law within the term of one month after BeenInAsia.com has referred to this provision in writing.