General Terms and Conditions (“GTC”)
These General Terms and Conditions (“GTC”), together with the Privacy Policy (https://www.phuket-dream.com/privacy_policy), govern the use of the Phuket Dream online mediation platform (“Phuket Dream Platform”), which can be accessed through www.phuket-dream.com and certain other websites powered by Phuket Dream (collectively the “Phuket Dream Website”).
The Phuket Dream Platform is available to users worldwide. Certain provisions of these GTC will apply to you only if you reside in a specific country or region.
1. About Us We, Phuket Dream, (“Phuket Dream” or “we” or “us”) operate the Phuket Dream Platform and are responsible for it accordingly. Our platform is available worldwide in multiple languages and is quick and easy to use. We operate the Phuket Dream Platform as an intermediary platform on which tours and activities (“Activities”) are offered online by various local activity providers (“Suppliers”). These Activities include, for example, guided tours, cooking classes, sightseeing tours, and other services. We act as a commercial agent for the Suppliers. Descriptions, photographs, and other content for the Activities originate from the respective Suppliers, and we have no direct influence on such content.
2. Scope
2.1 These GTC apply to all visitors and users of the Phuket Dream Platform (“Users”). As soon as you use the Phuket Dream Platform, you are obliged to comply with these GTC. Please read them carefully during your first use.
2.2 These GTC are available online and apply to all our services unless more specific terms and conditions for a particular service prevail. Any terms and conditions conflicting with or deviating from these GTC shall not apply unless expressly agreed to in writing.
2.3 The use of the Phuket Dream Platform is for personal use only and not for business purposes. Reselling tickets is strictly prohibited.
3. What We Do
3.1 You can view Activities on the Phuket Dream Platform. The contract for the provision of the Activity is concluded exclusively between you and the Supplier (“Service Agreement”). When you book an Activity on the Phuket Dream Platform, you are not buying from us but directly from the Supplier. We act as a commercial agent for the Suppliers and collect payments on their behalf. We do not offer Activities ourselves and do not become your contractual party to any Service Agreement. We receive a commission from the Supplier for brokering the Service Agreement.
3.2 You can filter the list of Activities based on various parameters. The discovery feature will display Activities that match your criteria and are offered by specific Suppliers.
3.3 You can contact our customer service for assistance with your booking. We usually respond within 24 to 48 hours.
3.4 We reserve the right to make the use of the Phuket Dream Platform subject to certain conditions, such as payment behavior or proof of identity. We may restrict or cancel your bookings in cases of suspected fraud or violations of these GTC.
3.5 We are not obligated to improve or extend the content, functions, or services provided via the Phuket Dream Platform. We may discontinue our services at any time.
4. Registration and Phuket Dream Account
4.1 Registration is not required to access the Phuket Dream Platform. However, you must register to use certain features like the “Wish List.”
4.2 To create an account (“Phuket Dream Account”), you must provide your full legal name and email address. You must keep this data secure. After confirmation, your Phuket Dream Account is created.
4.3 You may create only one Phuket Dream Account for yourself, and it cannot be transferred to anyone else.
5. Conclusion of Contract with Phuket Dream – User Agreement
5.1 The contract with us, as the contracting party, is for the use of the Phuket Dream Platform.
5.2 The contractual relationship between you and us begins when you use the Phuket Dream Platform. Termination or deletion of your Phuket Dream Account is possible at any time.
7. Customer Service
7.1 Our customer service team can be reached by email or instagram.
8. Payment at Phuket Dream
8.1 The price offered on the Phuket Dream Platform (“Posted Price”) applies to the Activity. The Booking Price for the Activity is payable immediately upon booking, unless the “Reserve now, pay later” feature is available.
8.2 For selected Activities, you may be able to choose the “Reserve now, pay later” feature. This is only possible with a credit card that is valid at least until the date of the selected Activity.
8.3 Payment methods and terms will be displayed during the order process.
8.4 We may collect payment in your local currency and convert foreign currency claims at the current exchange rate.
8.5 By authorizing payment, you consent to your payment information being used to collect payment for the Supplier.
9. Changes and Cancellations
9.1 Changes to bookings are allowed up to 24 hours before the start of the Activity (local Thailand time).
9.2 Cancellations and refunds are not permitted except in cases of our error.
10. Reviews and Other User Content
10.1 You have the opportunity to view and post reviews and other content related to Activities.
10.2 When you post a review, you grant Phuket Dream full, perpetual, free, transferable, and irrevocable rights in all User Submissions. Phuket Dream reserves the right to translate, edit, adapt, reject, or delete reviews at its sole discretion.
10.3 You agree to abide by these Customer Review Guidelines. Furthermore, you represent and warrant that
10.3.1 you own and control all rights in the user-submitted content that you post or otherwise publish or transmit, or that you otherwise have the legal right to post and transmit such user-submitted content on or through the platform;
10.3.2 such content is accurate and not misleading; and
10.3.3 your use, publication, or other transmission of such content does not violate the Terms of Use or any other applicable law or regulation, does not infringe on any rights of any other natural or legal person, and does not harm any other natural or legal person.
10.4 Reviews must not contain obscenities, vulgarities, inappropriate content, hate speech, or offensive content, encourage illegal conduct, other people’s personal data such as names, phone numbers, or email addresses, or irrelevant content such as promotional information, invitations, or rewards. In addition, reviews must not defame, harass, or exploit other individuals, or violate their legal rights.
10.5 Furthermore, you grant Phuket Dream the right to sue any person or entity that violates your rights or those of Phuket Dream regarding content by breaching the Terms of Use. You agree to be solely responsible for the user content you provide or submit.
10.6 User-submitted content is considered non-confidential, and Phuket Dream is in no way obligated to treat such content as exclusive information. Notwithstanding the foregoing, Phuket Dream reserves the right to use content as it sees fit, including deleting, editing, modifying, rejecting, or refusing to publish it. Phuket Dream is not obligated to offer you payment for content you submit or to give you the opportunity to edit, delete, or otherwise modify content already submitted to Phuket Dream. Phuket Dream is not required to attribute authorship of your content and cannot be compelled by third parties to enforce any form of authorship attribution. For more information, please refer to the platform’s Terms of Use.
11. Data Protection
11.1 We process your personal data in accordance with relevant data protection laws and for the purposes described in the Privacy Policy.
12. Indemnification
12.1 You shall fully indemnify us for all damages, costs, and expenses incurred as a result of your intentional or negligent actions or non-compliance with these GTC.
13. Assignment You may not transfer your rights and obligations under these GTC.
14. Severability Clause Should any provision of these GTC become void or ineffective, the remaining provisions shall remain valid.
15. Supplier – Service Agreement
15.1 When you book an Activity, you conclude a contract directly with the Supplier.
15.2 Prices, provision of the Activity, and further rights of the Supplier are governed by the respective Supplier’s terms and conditions.
16. Final Provisions
16.1 We may use other companies and third parties to fulfill the contract and exercise our rights under these GTC.
16.2 We may amend these GTC and will inform you of any changes.
16.3 Notices and declarations must be made in writing.
16.4 The contract between you and us is formed in Thailand.
16.5 The United Nations Convention on Contracts for the International Sale of Goods does not apply to these GTC.
16.6 In these GTC, “including” means “including but not limited to,” and general words shall not be given a restrictive meaning. Captions and section headings are for convenience only and shall not be used in construing the GTC.
