Preamble

These General Terms and Conditions of Sale govern the contractual relationship between Fantastico Co., Ltd. (hereinafter “the Company”, “Thailand Fantastic” or “the Seller”), a company registered in Thailand trading under the brand name “Thailand Fantastic”, and the Customer purchasing its travel services.

Any reference to “Thailand Fantastic” in these terms is to be understood as referring to Fantastico Co., Ltd. as the sole legal entity holding the rights and obligations arising from the contract of sale.

There are two different ways to buy from this website, and the rules are not the same:

• Excursions and single services, bought directly online and paid immediately by debit or credit card;
• Travel Packages, built around a written quote and confirmed with a deposit.

Where a rule applies to only one of the two, we say so. Where we do not, it applies to both.

By confirming a purchase, online or by accepting a quote and paying the deposit, the Customer confirms that they have read, understood and accepted these Terms in full.

I. Who sells, and who runs the service

The seller is Fantastico Co., Ltd. The contract is with us, payment is made to us, and we are the people the Customer deals with before, during and after the trip. They never have to negotiate with anyone else.

Some services are operated by selected local partners. Boat excursions, transfers, guided visits and certain activities are run by Thai companies we work with on an ongoing basis, which hold the licenses required under Thai law and the compulsory insurance cover. We choose those partners and we keep checking them: that selection is part of what the Customer is buying.

In practice this means:

• the Customer pays us and talks to us: Thailand Fantastic remains the point of contact even when a partner runs the excursion;
• the operating rules of an excursion are the ones set by the operator running it, and they are stated on the product page: minimum number of participants, age limits, type and capacity of the boat, hotel pickup windows, national park closing seasons. They should be read before booking, because they form part of the contract;
• the operator may change the boat or adapt the itinerary where safety, weather, tides or the decisions of the harbor authority or the national park authority require it. On some excursions the type of boat depends on how many people are booked that day, and this is stated on the product page;
• if the excursion does not run, the rules in section V.4 apply.

II. Quotes: when they are free and when they are not

A quote on anything published on this website is free, and stays free. Every proposal on thailandfantastic.com, excursions, multi-day tours and holiday packages, can be requested at no cost. We write you a quote with dates, the final price and a list of what is and is not included, and we revise it as many times as it takes. It commits you to nothing.

A fully tailor-made quote carries a contribution. When a Customer asks for an itinerary built from scratch around their own requirements, that is, a trip that matches none of the published proposals, the work is of a different kind: designing the route, checking availability and rates with hotels, guides and transport, and writing a day-by-day program. For that we ask a contribution of €50 per person towards preparing the tailor-made quote, up to a maximum of €150 per quote.

The contribution:

• is paid before the work starts, and covers the written program and its revisions;
• is deducted in full from the price of the trip if the Customer confirms the booking, so in that case it costs nothing extra;
• is not refunded if the Customer decides not to confirm, as it pays for work already done and delivered.

III. Prices, currency and payment

1. Prices and currency

Prices for excursions bought online are set in Thai baht (THB), which is the currency we collect in. The euro figure shown on the site is an indicative conversion at the rate applied by the Company: the amount actually charged to the card may differ slightly, because of the rate applied by the card scheme and the issuing bank.

For Travel Packages the price is the one written in the accepted quote. If the EUR/THB rate moves significantly between the quote and payment, Thailand Fantastic reserves the right to recalculate the amount, informing the Customer in writing before collecting it.

2. How to pay

Payment can be made by:

• Debit or credit card, online, for excursions and services bought directly on the website;
• Bank transfer in Thailand (in THB);
• Bank transfer in Italy or Europe (in EUR).

Card payment. Excursions bought on the website are paid by debit or credit card through our authorized payment provider. Card details are entered on the payment provider’s secure pages and never pass through, or get stored on, our systems. Once the payment goes through, the Customer receives written confirmation by email with the booking number.

Bank transfer. Bank details are given to you by a member of our team.

Fees. Bank charges, transaction costs and any currency conversion costs are borne by the Customer. Collection fees charged by the payment scheme and the banks stay with the party who collected the money even when a booking is refunded: nobody gives them back, which is why they are deducted from refunds in the cases set out in section V.

3. Deposit and balance

For excursions bought online, the amount due and any split between deposit and balance are shown in the summary before payment, together with the date the balance is due.

For Travel Packages a deposit of 30% of the total is required. In particular cases (high season, special services that must be secured early) the deposit may be 50%. The balance is due 40 days before departure. Failure to pay the balance by that date is treated as a cancellation by the Customer, with the charges set out in section V.

IV. Insurance

1. The insurance included with excursions

Excursions include the Thai government accident insurance, which licensed operators are required to carry and which is listed among the inclusions on every product page.

2. Personal insurance, the Customer’s responsibility

Customers are required to take out their own travel insurance, and this is the most important recommendation on this page. Healthcare in Thailand is paid for in full: a hospital stay, an operation or a medical repatriation can cost a great deal, and the government insurance does not cover it.

Cancellation insurance. Recommended, and the only thing that gives the Customer back what is withheld as a cancellation charge when they decide not to travel.

On request we help arrange both with established providers; the purchase and the cost remain the Customer’s. Once issued, policies are not refundable.

V. Cancellation and refunds

Every cancellation request must reach Thailand Fantastic in writing, by email to info@thailandfantastic.com. The date the written notice is received determines which terms apply.

1. Excursions and services bought online

The terms that apply to a particular booking are the ones the Customer reads and accepts at the final step of payment, written for the exact situation they are in; the accepted text is recorded with the booking. The same rules are collected here for convenience.

Group excursion

The deadline is 6 days before departure.

• up to 6 days before departure the Customer may cancel: we refund what has been paid, including the deposit, less 10% for handling costs;
• from 6 days before departure, and for a no-show, no refund is due;
• where payment is split into a deposit and a balance, the balance is due by the date in the confirmation: if it does not arrive, the booking is cancelled and the deposit is retained.

Private excursion

A private excursion is non-refundable at any point. In detail:

• a deposit, normally 30%, is paid at booking and is non-refundable: if the Customer cancels, the deposit is retained;
• the balance is due 40 days before departure, on the date given in the confirmation. If the balance does not arrive by that date, the booking is cancelled and the deposit is retained;
• once the balance is paid, if the Customer cancels or does not show up, no refund is due.

A private excursion is arranged for one group alone: the boat, the guide and the driver are held for those people on that day and are not resold to anyone else. That is why, unlike a group excursion, it cannot be cancelled. Anyone who wants the option of calling it off will find that cancellation insurance is the only thing that gives the money back: see section IV.

2. Travel Packages

For cancellation purposes, “Travel Package” means the services sold by us and listed as included in the program, excluding international flights and insurance policies.

Flights and insurance. International flights, insurance policies and domestic flights, once ticketed, are paid in full at booking and are not refundable.

Unused services. If the Customer leaves early or does not use services included in the program after the trip has started (hotel nights, excursions, transfers), no refund is due.

3. The 10% handling charge

A 10% handling charge is withheld from every refund granted to the Customer.

It is not a penalty: it covers the costs the Company carries even when the trip does not happen. Those are the collection fees charged by the payment scheme and the banks, which are not returned to the party who collected the money even when a refund is made, and the booking, supplier confirmation and refund handling work already done.

The charge is calculated on the amount actually paid by the Customer, and is applied once per booking.

4. When the excursion is cancelled by the operator

Some excursions only run once a minimum number of participants is reached, as stated on the product page. At sea, departure also depends on weather and on decisions by the harbor authority or the national park authority, which can stop boats from sailing.

If the operator cancels the excursion for one of these reasons, we offer the Customer, in this order:

• another date within the same stay;
• an equivalent excursion of the same value;
• if neither works, a refund of the amount paid, less the bank and collection fees already incurred on the payment.

When a card payment is refunded, the scheme and the bank still keep the fee already charged on the original collection: it is not money the Company earned, it is money the Company has already spent. It is the only item left out of the refund, and the 10% handling charge does not apply in this case.

As these are causes outside the Company’s control, no compensation beyond the refund of the service not delivered is due.

5. How and when refunds are paid

Refunds are made by the same means used for payment and to the same account holder: back to the card that paid, or to the account the transfer came from. We do not refund to a different card or account.

A refund is issued within 14 days of the date the amount is agreed in writing. How long it then takes to appear depends on the Customer’s bank or card scheme.

6. Right of withdrawal

Purchases of travel services for a specific date (excursions, transfers, accommodation, leisure activities) are not covered by the fourteen-day right of withdrawal that applies to distance selling: European law, and the Italian law implementing it, expressly exclude this category of service. The cancellation terms set out above apply instead.

7. Cancellation covered by insurance

If the Customer has taken out cancellation insurance, they may claim back the insured travel cost, including amounts withheld as a cancellation charge under the rules above. Whether the claim is accepted, and how much is paid, depends solely on the terms of the policy and is decided by the insurer.

Handling the claim. Where a cancellation is covered by insurance, the Customer deals with the insurer directly. Thailand Fantastic provides only the supporting documents required (invoices, booking confirmations, statements of the charge applied).

VI. Additional services, guides and accommodation

1. International flights

Thailand Fantastic is not a flight agency and does not sell international tickets, but we help the Customer find the best option and, on request, can book it on their behalf for a handling fee. We are not responsible for fare increases applied by the airline after a quote has been given; in that case we look for a similarly priced alternative.

2. Guides and language

Italian-speaking guides. Licensed Italian-speaking guides are in limited supply and need to be booked early. In high season, or for late bookings, there may be none available.

If we cannot secure an Italian-speaking guide, the service runs with an English-speaking guide, and we tell the Customer as soon as we know. Where possible we also offer, by agreement, an Italian-speaking escort for translation (at a supplement) or a driver only with telephone support in Italian.

If the Customer would rather withdraw in that case, we refund the cost of the excursion, less the bank and collection fees already incurred on the payment.

On excursions run by local operators, the language stated on the product page is the one the operator guarantees.

Off-program requests. Guides and drivers follow the agreed program. Anything requested outside it is treated as an extra and must be agreed. The Company is not responsible for the consequences of changes travelers decide on the spot without first speaking to our team, and may charge the resulting costs.

3. Accommodation

Unavailability. Availability of the hotels listed in the program is checked at the time of booking. If a property becomes unavailable or cancels, it is replaced with a similar property of equal standard; the Customer may choose between the available alternatives, and a supplement may be required to match the standard.

Check-in and check-out. Early check-in and late check-out cannot be guaranteed in advance: they depend on availability on the day and may carry a fee.

Connecting rooms. We cannot guarantee that rooms will be connecting. We pass the request to the property and press for it to be honored.

4. Changes and closures

Through causes beyond our control (public holidays, renovation works, seasonal park closures, decisions by the authorities) some attractions may be closed or programs may change. In those cases we propose a change of date or a similar attraction, agreed with the Customer.

VII. Limitation of liability

Thailand Fantastic acts as organizer and reseller of tours, excursions, accommodation, transport and services, selecting and coordinating the operators that deliver them.

The Company cannot be held liable for injury, loss, damage, accident, delay or inconvenience caused by:

• delays or failures on the Customer’s part, including missed meeting and pickup times;
• transport delays or cancellations caused by adverse weather;
• acts of government or civil authorities (war, unrest, strikes, epidemics, closures ordered by the authorities);
• any other cause outside the Company’s direct control.

Additional costs arising from such events (new transport, fare differences, extra nights, replacement services) are borne by the Customer.

Fitness to take part. Some excursions, particularly those by speedboat and those involving snorkeling or walking, are not suitable for pregnant women or for people with heart or back conditions, and carry age limits stated on the product page. The Customer must give the exact ages of all participants at the time of booking, along with any condition relevant to safety. Travelers with a disability must be accompanied by someone able to assist them.

VIII. Privacy, images and data

1. Use of personal data

Personal data is collected in order to: perform the contract, that is, buy and book the services included in the program; pass to local partners, properties and, where required, government tourism bodies the data needed to deliver the services; send service messages and measure the quality of the service provided.

Thailand Fantastic does not use or disclose personal data for marketing purposes without explicit consent. For more information, see our Privacy Policy.

Payment data. Card details are handled by the payment provider and are not stored by the Company.

2. Use of photos and video

During tours and services, Thailand Fantastic may take photographs and video showing customers, for publication on our official social channels, on thailandfantastic.com and in promotional material.

Right to object. A Customer who does not want their images published must say so in writing to info@thailandfantastic.com, including before departure. Without any such notice, publication is taken as authorized. We publish images only: never personal documents, sensitive data or confidential information.

IX. Final provisions

Changes. Thailand Fantastic reserves the right to amend these General Terms and Conditions of Sale at any time. Amendments take effect on publication on the website and do not apply to bookings already confirmed, which remain governed by the text in force at the time of purchase.

Complaints. Complaints should be sent in writing to info@thailandfantastic.com. We respond within 14 days.

Governing law and jurisdiction. These General Terms and Conditions of Sale are governed by Thai law. Any dispute falls under the jurisdiction of the courts of the registered office of Fantastico Co., Ltd. in Thailand.