Terms of Service

Introduction - Acceptance of Terms - Amendments and Updates

1a. Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the SCS Platform, you agree to comply with and be bound by these Terms. These Terms constitute a legally binding agreement ("Agreement") between you and SCS (as defined below), governing your access to and use of the SCS website, including any subdomains thereof, and any other websites through which SCS makes its services available.

Modifications

1b. SCS may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the SCS Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the SCS Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the SCS Platform will constitute acceptance of the revised Terms.

Member Accounts

User Responsibilities – Termination & Account Suspention

2a. You must register an account to access and use many features of the SCS Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the SCS Platform, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify SCS if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third- party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

Termination, Suspension and other Measures

2b. The agreement between you and SCS reflected by these Terms is effective when you access the SCS Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

Termination

2c. You may terminate this agreement at any time by sending us by Email – Info@siam-cs.com by deleting your account. SCS may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. SCS may also terminate this agreement immediately and without notice and stop providing access to the SCS Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies you violate applicable laws, or we reasonably believe termination is necessary to protect SCS, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

Privacy Policy

Personal Information We Collect & Requiered for Use of Platform

3a. We collect personal information about you when you use the SCS Platform. Without it, we may not be able to provide all services requested. This information includes: Contact, Account, and Profile Information

3b. Such as your first name, last name, phone number, postal address, email address, date of birth, and profile photo, some of which will depend on the features you use.

Identity Information

3c. Where appropriate, we may ask you for an image of your government-issued ID (in accordance with applicable laws) or other verification information, and/or a selfie when we verify your ID. If a copy of your ID is provided to us, we will obtain information from your ID.

Payment Information Handling

3d. Please note that any payment information, such as credit card details or bank account information, provided during the booking/registration process is not stored on our site. All payment details are securely processed and stored exclusively by our trusted third-party payment provider, Stripe. We do not have access to, nor do we store, any sensitive payment information. Stripe ensures the highest level of security and compliance in handling your payment data. (www. stripe.com/gb/privacy).

Information You Choose to Give Us.

3e. You can choose to provide us with additional personal information, this will also help us in the future to be able to curate more customized experiances for you in the future. Just like the way you prefer ☺

Prohibitated Activities & Language

4a. SCS users may not treat members of the SCS community differently or deny service to someone because of their protected characteristics or the perception that they have a protected characteristic. Some examples of this include:

4b. SCS users may not use language that calls for exclusion, segregation of, violence towards, demeans, insults, stereotypes, or seeks to convey a person’s inferiority because of a protected characteristic. This includes usage of slurs, negative associations, referring to a transgender individual by their pre-transition name (i.e., deadnaming), misgendering, microaggressions, and all other forms of hateful speech.

Hateful and Discriminatory Symbols, Images, and Objects

4c. SCS users may not display symbols, objects, logos, slogans, or images that are hateful, stereotype people because of a protected characteristic, or convey a discriminatory meaning. This includes images depicting discriminatory or racist symbols (including coded symbols), leaders of hate groups, or stereotypes.

Intellectual Property Disclaimer

Intellectual Property – User Generated Content (Only From SCS) “3rd Party Only from Advertisments”

5a. All intellectual property rights associated with the content, design, functionality, and branding of the SCS platform are exclusively owned by SCS, and all rights are reserved. This includes, but is not limited to, text, graphics, logos, images, videos, and software. However, third-party vendors who advertise and offer services through the platform retain ownership of their respective content and materials. While SCS is not liable for the experiences or outcomes guests may encounter when interacting with these third-party vendors, it is important to note that all such vendors are thoroughly vetted and shortlisted to ensure they align with the high standards of SCS. These selected vendors are intended to complement and enhance the guest experience, providing a seamless and curated selection of services for guests. SCS does not assume responsibility for the actions, services, or performance of these third-party vendors, but ensures that they have met specific criteria for inclusion on the platform.

Limitation of Liability

6a. By accessing and using this website and booking any property, you acknowledge and agree that SCS (hereinafter "we," "our," or "us") acts solely as a property management service and intermediary platform for properties owned by third-party property owners (hereinafter "Property Owners"). We do not own the properties listed on this platform. We manage and maintain these properties on behalf of the Property Owners, ensuring that they are well- maintained to the best of our ability. However, we are not directly liable for any issues, damages, injuries, or losses that may occur during your stay.

Property-Related Claims

6b. While we strive to ensure that all properties listed on the platform meet high standards of quality, safety, and maintenance, we cannot be held responsible for any property-related issues or incidents, including but not limited to property damage, personal injury, theft, accidents, or other unforeseen events.

Third-Party Services

6c. In addition to property management, we facilitate access to various third-party services, such as concierge services, tours, transportation, and cleaning, all of which are provided by third-party vendors (hereinafter "Third- Party Vendors"). While we carefully select and vet these vendors to ensure a high standard of service, we do not assume responsibility for any actions, omissions, or failures of these third-party vendors. This includes, but is not limited to, delays, cancellations, service disruptions, accidents, or dissatisfaction resulting from the use of these services. In some cases we do handle a selet few services like Housekeeping & Maintenance inhouse for the most part but these services are also outsourced at times due to high volumes.

Facilitator Role

6d. We act solely as facilitators, managing the properties from a-z on behalf of the Property Owners and connecting guests with the properties and services. While we make every reasonable effort to ensure a seamless experience, we do not control or directly provide the services associated with the properties or third-party vendors. As such, we are not liable for any actions, incidents, or dissatisfaction arising during your stay, including but not limited to those related to the Property Owner or Third-Party Vendors. When an issue arises, we would appriciate if you will inform us directly so we can prevent any further issues in the future, as your comfurt and happiness is the most important part for us.

Disclaimer of Implied Warranties

6e. To the fullest extent permitted by applicable law, SCS disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or free of harmful components such as viruses or malware. The platform and services are provided on an "as is" and "as available" basis. However we run serious security measures, constant checking and insure all is well maintenaced and do our best to prevent any issues from arrising.

Limitation of Liability

6f. In no event shall SCS, its affiliates, employees, agents, or contractors be held liable for any indirect, incidental, special, consequential, or punitive damages, losses, or expenses arising from or in connection with your use of this platform, including but not limited to damages resulting from personal injury, property damage, cancellations, delays, or any other issues related to the properties or services. Our total liability, whether in contract, tort, or otherwise, shall be limited to the amount you have paid to us for the specific booking or service in question, excluding any indirect, consequential, or punitive damages.

Indemnification

6g. You agree to indemnify and hold harmless SCS, its affiliates, employees, agents, and contractors from and against any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the platform, your booking of properties or any breach of these terms and conditions. Third-Party Terms

6h. Please note that services provided by Third-Party Vendors are governed by their own terms and conditions. SCS is not a party to these agreements and does not assume any responsibility for the performance or quality of these services.

Force Majeure

6i. We shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is caused by circumstances beyond our reasonable control, including, but not limited to, natural disasters, war, terrorism, labor disputes, government restrictions, or technical failures.

Governing Law and Jurisdiction

6j. This Limitation of Liability clause and all related terms shall be governed by and construed in accordance with the laws of Thailand, and any disputes arising from your use of the platform or services shall be subject to the exclusive jurisdiction of the courts of Thailand

Payment & Cancelation Policy Terms

CANCELATION POLICY

To ensure a smooth experience for all our valued guests and to help us manage booking demand, our cancellation policy varies depending on the season. Please review the specific policy that applies to your travel dates:

Peak Season (December 15 – January 31)

High Season (February 1 – 28, July 1st – August 31st )

Shoulder Season (March 1st – April 30th)

Low Season (May 1st – June 30th and – September 1st – December 15th)

General Notes for All Seasons:

SCS is not responsible for weather conditions, personal emergencies, or schedule changes. Reservations must be cancelled in accordance with the Cancelation policy. If you cancel any reservation, you must obtain and save the cancellation notification.

Guranteed Reservations & Security Deposits

We accept bank transfer and cash in most prime currencies like EUR, US Dollar, etc etc. Guaranteed reservations with 100% payment upon booking and a cash security deposit upon your arrival in some cases. Siam Commercial Service is not responsible for weather conditions, personal emergencies, or schedule changes.

Arbitration

Dispute Resolution & Severability

9a. "In the event of any dispute, claim, or controversy arising out of or in connection with your use of our platform or any services provided by us or third parties (including, but not limited to, property-related issues, third-party services, or any other issues relating to bookings), you agree to resolve the matter exclusively through binding arbitration. Arbitration shall be the sole and exclusive remedy for resolving such disputes. You waive the right to participate in any class or collective action. This provision shall apply regardless of the type of claim, including tort, contract, or statutory claims, and regardless of whether the claim is related to services provided by us or third-party vendors."

Scope of Arbitration

9b. "Arbitration shall be conducted on an individual basis only, and no claims may be arbitrated on a class-wide, consolidated, or representative basis. The arbitration shall be conducted by a qualified arbitrator mutually selected by the parties involved. The arbitration shall take place in Bangkok Jurisdiction, unless the parties mutually agree otherwise. The arbitrator’s decision shall be final and binding, and the arbitrator shall have the authority to award monetary relief (including attorney’s fees and costs) as appropriate. Each party shall bear its own costs and fees, except as determined by the arbitrator."

Class Action Waiver

9c. "You acknowledge and agree that by using our platform and services, any disputes will be handled through individual arbitration, and you waive any right to participate in class action lawsuits or representative actions. This means that you cannot bring a case against us as part of a group or as a representative of others, nor can you join any class action or consolidated action against us. You agree that you will not participate in any class action, collective action, or representative action against us, whether related to property management, services, or other claims."

Third-Party Services

9d. "In the case of disputes arising from third-party services (such as concierge services, tours, transportation, or other services offered via our platform), you agree to resolve those issues directly with the third-party service provider. While we may facilitate the booking of such services, we are not liable for any issues, claims, damages, losses, injuries, or delays arising from third-party services. This includes, but is not limited to, disputes relating to service delivery, quality, or the actions of third-party providers. Any such issues must be resolved with the third- party directly, and we disclaim all liability for any such claims."

Limitation of Liability

9e. "To the fullest extent permitted by applicable law, our total liability, in connection with any claims arising from your use of our platform, bookings, or services provided by us or third parties, shall be limited to the total amount paid by you for the specific booking or service in question. We are not liable for any indirect, consequential, punitive, special, or incidental damages, including, but not limited to, property damage, personal injury, or economic loss. This exclusion applies to any damage or loss caused by the use, or inability to use, our platform or services, including damages caused by third-party providers or other users. Our liability is also excluded with respect to any issues related to properties managed by third-party owners, or third-party services provided by external vendors. We do not assume responsibility for any incidents, damage, or disputes arising from third-party interactions, whether occurring before, during, or after the service is rendered or the property is accessed."

Payment Disputes and Chargebacks

9f. "Any payment disputes, chargebacks, or transaction issues arising from payments made through our platform will be subject to the policies and procedures of the third-party payment processor (such as Stripe). We are not responsible for payment processing issues, including but not limited to fraud, chargebacks, or disputes arising from the payment processor’s system failures. By using our platform, you agree to resolve any such payment-related disputes directly with the payment processor."

Service Availability and Warranty Disclaimer

9g. "Our platform and services, including but not limited to property listings, booking systems, and third-party services, are provided on an ‘as-is’ and ‘as-available’ basis. We make no representations or warranties of any kind, express or implied, regarding the availability, suitability, or quality of the properties or services listed on our platform. We do not guarantee uninterrupted access to our platform or services. We disclaim all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non- infringement. We are not liable for any interruptions or issues arising due to third-party service providers or external vendors."

Governing Law and Jurisdiction

9h. "These Terms and Conditions shall be governed by, and construed in accordance with, the laws of Thailand without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of Bangkok, Jurisdiction for the resolution of any legal matters, except where arbitration has been agreed upon. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect."

Severability

9i. "If any provision of these Terms is determined to be illegal, invalid, or unenforceable, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect." Contact Information: Office: +66 64 396 3544 or view E-Mail: Info@siam-cs.com