Terms and Conditions
Our mission is to be the leading luxury lifestyle concierge, by offering the most exclusive and unique properties to
* Live (Hotels and Villas)
* Eat (restaurants)
* Move (Luxury car rentals, Private Helicopters etc.)
* Experiences (Yacht, Skydiving, and many more).
- We bring and allow you to experience hand-picked one-of-a-kind luxuries through our services: Live, Eat, Move and Experience.
- We show uncensored reviews.
- We promise you an informative, user-friendly app that guarantees the best service available with the competition.
Terms and Conditions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone.
By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a reservation,
you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service)
provided by us on these pages and through the website are owned, operated, and provided by Aqytra and are provided for your personal, non-commercial (B2C) use only,
subject to the terms and conditions set out below. The relationship that we have with the Partners are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of our partners.
Each Partner acts in a professional manner vis-à-vis Aqytra when making its product and/or service available on or through Aqytra
(both for its business-to-business ("B2B") and/or business-to-consumer ("B2C") relationship).
Please note that Partners may have, declare applicably and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery/shipping/carriage/usage) terms and conditions and house rules for the use, access, and consummation of the Trip (which may include certain disclaimers and limitations of liability).
"Aqytra", "us", "we" or "our" means services rendered by Mermaid Eco Tourism Co., Ltd. incorporated under the laws of the Kingdom of Thailand in this platform.
"Platform" means the (mobile) website and application on which the service is made available owned, controlled, managed, maintained and/or hosted by Aqytra.
"Partner" means the provider of the services listed under “Live”, “Move”, “Eat” and “Experience” and any other travel or related product or service as from time to time available for reservation on the Platform (whether B2B or B2C).
1. Scope and nature of our Service
Through the Platform, we (Aqytra and its affiliate (distribution) partners) provide an online platform through which Partners can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, rent or hire,
and through which relevant visitors of the Platform can discover, search, and make an order, reservation, purchase or payment. By booking,
you enter into a direct (legally binding) contractual relationship with the Partners in which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation,
we act solely as an intermediary between you and the Partners. We transmit the relevant details of your Reservation to the relevant Partners and send you a confirmation email for and on behalf of the Partner. Aqytra does not (re)sell, rent out, offer any (travel) product or service.
When rendering our Service, the information that we disclose is based on the information provided to us by Partners. As such, the Partners that market and promote their Trip on the Platform are given access to our systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions, and other relevant information which is displayed on our Platform.
Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Each partner always remains responsible for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform.
Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Partners (or its facilities, venue, vehicles, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.
Our services is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Prices, We Price Match, Genius programme and offers facilitated by a partner company
The prices as offered by the Partners on our Platform are highly competitive. All prices for the services are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees unless stated differently on our Platform or the confirmation email/ticket.
Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Partners may carry special restrictions and conditions, for example, non-cancelable and non-refundable.
Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
The currency converter is for information purposes only and should not be relied upon as accurate and real-time; actual rates may vary.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.
3. Privacy and cookies
Aqytra respects your privacy. Please have a look at our privacy and cookies policy for further information.
4. Free of charge for consumers, only Partners pay!
Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our services or add any additional (reservation) fees to the rate. You will pay the Partners the relevant amount as indicated in the Trip Reservation
( plus - insofar not included in the price – relevant applicable taxes, levies, and fees (if applicable) ).
Partners pay a commission (being a small percentage of the product price (e.g., room price)) to Aqytra after the end-user has consummated the service or product of the Partners (e.g., after the guest has stayed at (and paid) the accommodation). Partners can improve their ranking by increasing their commission (Visibility Booster). The use of the Visibility Booster (by increasing the commission in return for a better position in the ranking) is at each Partners' discretion and may be used from time to time and product to product offered. The algorithm of the ranking will take an increase in commission into account when determining the Default Ranking. Preferred partners pay a higher commission in return for a better position in the ranking.
Only Partners which have a commercial relationship with Aqytra (through an agreement) will be made available on the Platform (for their B2B and/or B2C promotion of their product). Aqytra is not an open platform (like Amazon or eBay) where end users can make their product available (no C2C platform); Aqytra does not allow non-professional parties to offer or sell their products on or through Aqytra.
5. Credit card or bank transfer
If applicable and available, certain partners offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the Partners) to the Partners during the Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Aqytra facilitates (through third-party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Partners (Aqytra never acts nor operates as the merchant of record).
Payment is safely processed from your credit/debit card or bank account to the bank account of the partners through a third-party payment processor.
Any payment facilitated by us for and on behalf of and transferred to the Partners will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, please note that Partners may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Trip Reservation. You will not hold Aqytra liable or responsible for any (authorised, (allegedly) unauthorised or wrong) charge by the Partners and not (re)claim any amount for any valid or authorised charge by the Partners (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at THB 5000 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of THB 5000 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Aqytra's secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
6. Pre-payment, cancellation, no-show and fine print
By making a reservation with a Partners, you accept and agree to the relevant cancellation and no-show policy of that Partners, and to any additional (delivery) terms and conditions of the Partners that may apply to your Trip (including the fine print of the Partners made available on our Platform and the relevant house rules of the Partners), including for services rendered and/or products offered by the Partners.
The relevant (delivery/purchase/use/carrier) terms and conditions of a partner can be obtained with the relevant Partners.
The general cancellation and no-show policy of each partner is made available on our Platform on the Partners information pages, during the reservation procedure and in the confirmation email or ticket (if applicable).
Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Partners in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation.
Please note that a reservation that requires down payment or (wholly or partly) prepayment may be cancelled (without prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Partners and the reservation. Cancellation and prepayment policies may vary per segment, product, or service of each reservation.
Please carefully read the fine print (below the Trip types or at the bottom of each Partners page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Partners (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Partners agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Partner's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Partners so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Partners. Aqytra does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Partners.
7. (Further) correspondence and communication
By completing a reservation, you agree to receive
(i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your Trip (Reservation) and destination,
(ii) an email after arrival to rate the (experience with your) Partners and the service, and
(iii) an email that we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.
Aqytra disclaims any liability or responsibility for any communication by or with the Partners on or through its platform. You cannot derive any rights from any request to, or communication with the Partners or (any form of) acknowledgement of receipt of any communication or request. Aqytra cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Partners.
In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelt email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against Aqytra or in respect of the services must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit it's right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a reservation to support your position (if needed).
Aqytra will not accept reviews which include:
Profanity, sexually explicit, hate speech, discriminatory, threats, violence
Mention of full names, personal attack towards the staff
Promoting illegal activities (e.g. drugs, prostitution)
Sites, emails and addresses, phone numbers, cc details
Politically sensitive comments
Aqytra and the Partners are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the reservation confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for
(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Partners as made available on our Platform,
(iii) the services rendered or the products offered by the Partners or other business partners,
(iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or
(v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Partners or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Aqytra is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the servies and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose.
You acknowledge and agree that the relevant Partners is solely responsible and assumes all responsibility and liability in respect of the services (including any warranties and representations made by the Partners).
Aqytra is not a (re)seller of the services. Complaints or claims in respect of the services (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Partners.
Aqytra is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
Whether or not the Partners has charged you for your services, or if we are facilitating the payment of the (services) price or fee, you agree and acknowledge that the Partners is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (service) price or fee to the relevant tax authorities. Aqytra is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (service) price or fee to the relevant tax authorities. Aqytra does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that
Aqytra may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Aqytra at its discretion sees fit. You are granting Aqytra a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Aqytra at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Aqytra publishing and using these photos/images.
Aqytra does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo and is not the responsibility of Aqytra.
Aqytra disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Aqytra at any time and without prior notice.
10. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Mermaid Eco-Tourism Co., Ltd (Aqytra), its Partners or providers.
Mermaid Eco-Tourism Co., Ltd (Aqytra) exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Mermaid Eco-Tourism Co., Ltd. (Aqytra).
Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
11. Applicable law, jurisdiction, and dispute resolution
These terms and conditions and the provision of our services shall be governed by and construed in accordance with the law.
Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: "Mandatory Provisions").
Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Bangkok, Thailand. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of the enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers: We advise you to first notify us of any complaints by contacting our Customer Service.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
12. About Aqytra
The services are rendered by Mermaid Eco Tourism Co., Ltd., which is a private limited liability company, incorporated under the laws of the Kingdom of Thailand with a registered VAT ID is 0105563086932.