Terms of Service

TERMS AND CONDITIONS These terms and conditions (the “Terms”) stipulate the requirements which users must comply when using the application, software or platform called “ComeIn” provided by Comein Asset Management Co., Ltd. (the “Company” or “we”), as well as the rights and obligations arising between the Company and the user of the Platform (“User”, “you”).

By using “ComeIn”, browsing and/or reading the application/software including website, products and any services provided by us on the Platform (collectively referred to as the “Platform”), this signifies that you have read, understood and agreed to be bound by all terms and conditions set forth under these Terms. If you do not agree with any of the terms and conditions specified under these Terms, you must cease usage of the Platform, or any of its related services, immediately.

Scope of Our Services on the Platform 1.1 Through the Platform, we provide an online platform where you can browse different types of services, such as hotel check-in features, guest management, trips or accommodation reservation, lodging and temporary accommodation, transportation services, tour packages or any other services that are related to trips and tours management (collectively referred as the “Services”). The Services provided on the Platform include the facilitating features that help the User to check-in to the hotel, make reservations for hotels, transportation, tours or any accommodation services provided by hotels, transportation services operators, travel agencies and any other services providers (collectively referred to as the “Vendor”) on the Platform. By making fill in the information for using the hotel check-in feature on the Platform or making any booking or reservation through the Platform, you make an offer to book a reservation at the price listed for such Services reservation and such Services will be subject to terms and conditions of a Vendor that you are booking or reserve your Service with.

1.2 The main purpose of this Platform is for facilitating the guest, the User or you, by providing a hotel or accommodation check-in feature before arriving at the hotel and to facilitate you to be convenient in connecting with hotel or travel agencies to book or reserve your tours or transportation.

1.3 By using our Platform to book or reserve accommodation or tours with the Vendor, the information displayed on the Platform about the Services of each Vendor is based on the information provided to us by such Vendor. Therefore, the Vendor are the ones responsible for updating all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Platform as well as responsibilities and liabilities of Services provided by each Vendor, which the Company is not a part of. Although we will use our expertise with caution in performing the Services, we do not verify and do not guarantee, that all information provided by the Vendor that is available on the Platform is accurate, complete, correct or the latest available, and we are not responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.

1.4 Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Platform inaccurate or outdated. In case of problems or any issues that need more explanation, you can contact us by using the provided details below and we will assist you with our best effort.

1.5 To the extent permitted by law, we are not responsible or liable for the acts or omissions of the Vendor, and you have sole responsibility for any obligations or liabilities to the Vendor. We do not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Vendor listed on the Platform, and in no event shall we be responsible or liable for any information, content, products, services or other materials provided or made available by the Vendor. The Vendor may be introduced in the form of different classes based on factors including but not limited to their reviews, ratings or any other factors. The given rating is calculated based on automated algorithms that can be updated and changed at our discretion.

1.6 To the extent permitted by law, we have the right to not accept any check-in or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or canceling a booking confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Vendor, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, history of breaches of these Terms, or being placed on any “black lists” or “watch lists” by governments or international organizations. In any of the aforesaid facts that appeared to us, we can, at any time, delete or remove the account of any User of the Platform, either temporarily or permanently. Removed Users must not attempt to use the Platform in any other name or through other users.

Registration and Account 2.1 In order to use the Platform, you must register and create an account on the Platform (“Sign-Up”). You agree that the Company may use any acquired information and data received from you to provide services or features on the Platform that you access or use and as otherwise set forth in these Terms. It is a condition of your use on the Platform that all the information you provide to us during your Sign-Up or purchase of products or services on the Platform are accurate, correct and up to date and agree to provide us with any proof of identity that we may reasonably request. In addition, you agree to maintain and promptly update your information on the Platform.

2.2 At any time during your use of the Platform, you can delete the account you create on the Platform via the setting option. After you delete your account, the obligation you have with the Company shall be referred to Termination Clause under these Terms which you must comply with.

2.3 The Company shall be entitled to temporarily block or terminate your account at our sole discretion. However, this shall not affect obligations for any transactions that have been purchased by you for any services or products provided by us on the Platform that required payment (if any) prior to that time unless we also cancel those Services as permitted by these Terms.

2.4 You shall have the sole responsibility to maintain the confidentiality of the username and password that you create and use for log-in to the Platform and you agree to accept the responsibilities for all activities which may occur under your account. We endeavor to use reasonable security measures to protect against unauthorized access to your account. However, we do not guarantee the absolute security of your account and any information provided by you on the Platform and we make no warranty that our security will prevent third-party hackers from illegal accessing the Platform. You agree to immediately notify the Company of any unauthorized use or any other breach of security.

2.5 By register and create the account on the Platform, you agreed to be bound by this Terms and any amendment to this Terms that may be made in the future by the Company.

Use of the Platform 3.1 During your use of the check-in feature on the Platform, you must provide information and personal data about your accommodation and guests that is accurate, true, correct and up to date. Information that is misleading or not correct may lead to a problem for check-in with your reserved accommodation or cease of using the check-in feature on the Platform.

3.2 By booking or reserving accommodation, tours or transportation with Vendor provided on the Platform, you accept and agree to all the booking or reserving conditions, including but not limited to, cancellation and any other terms and conditions of such Services provided by such Vendor which may apply during your staying period.

3.3 We recommend you to carefully read all the terms and conditions specified on the Platform before booking, reserving or purchasing any Services due to some Services may require you to pay cancellation fees or any other extra fees with such Vendor if you fail to perform as stated on the conditions.

3.4 By using our Platform, you must understand that some Services may not be refundable or canceled due to the terms and conditions of the Vendor. Please thoroughly check as the Company shall not be liable for any costs that you may be charged and the damage that you may received from the cancellation of the reservation with the Vendor.

3.5 During your use of the Platform, the Company may offer you a discount for your Services’ reservation, the promotional rate for accommodation, or any related offer for using the Platform ("Special Offers”). The Special Offers will be subject to specific conditions that the Company will announce from time to time. The Company reserves rights to change the Special Offers with prior notice to Users at the Company’s sole discretion.

Payments and Fees 4.1 For any payments on the Platform, the Company may provide you with facilitate feature for making a payment of your reservation or booking Services on the Platform. At the time of bookings or reserving any Services on the Platform, you must designate and provide information about your preferred payment method. If you provide your payment information, you agreed and authorize us and certain third-party service providers, payment card networks and payment gateway providers to receive, store, encrypt your payment information.

4.2 The payment for any booking or reservation made on the Platform shall be paid in currencies specified in the description of Service on the Platform and via the channels specified by the Company or as specified on the Platform.

4.3 The Company does not charge a service fee for any bookings or reservations of Services. However, you may incur some additional charges from the Vendor for the Services you purchase or reserve which are not included in the price as precisely specified on the Platform, such as additional service, room upgrade, and additional cost for adding guests for your accommodation.

4.4 In order to access some additional services from the Vendor, you may be required to pay fees or purchase a ticket along with any required tax (e.g., transportation fees to the accommodation). You acknowledge and agree to pay the required additional charges and other fees that occur in connection with your bookings or reservations, whether directly to the Vendor or through the payment channel provided by the Company. The Company shall not be responsible for any accusation from you regarding the additional charges, fees or taxes that may occur. However, we will specify such additional charges on the Platform if we are informed by the Vendor about such additional charges or fees.

4.5 The Company reserves the right to refuse any check-in, bookings or reservations you made on the Platform without an explanation.

4.6 In certain circumstance, the Company may require you to submit proof of your completed payment before the Company approve your check-in feature, booking, services or reservation due to terms and conditions provided by the Vendor or for safety or legal compliance purposes.

4.7 You shall ensure that the payment details you provide to us are completely accurate. We reserve the right to not accept any false information and we shall entitle to add or remove other payment methods at our sole discretion.

Limitation of Liability 10.1 You expressly understand and agree that the Company, its licensors, business partners, and suppliers shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to, any lost profit or lost data of any kind arising out of or relating to your use of the Platform, the inability to use, including but not limited to, its content or functionality.

10.2 Notwithstanding the foregoing, the Company’s total liability shall not exceed the amount you paid the Company specifically for the Platform or related features, products or services that provided by the Company (if any).

10.3 The abovementioned limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if remedy fails its essential purpose.

Personal Data Protection To the extent that the provided information constitutes or contains personal data of any other person, both parties, User and the Company shall comply with all Personal Data Protection Act B.E. 2562 (2019) and any applicable data protection law regarding the processing of any personal data related to the use of the Platform under these Terms. Regarding the personal data protection for the User of the Platform, any information provided through the use of the Platform is subjected to the Privacy Policy of the Company.

Third- Party Applications/Website 12.1 During your use of the Platform, you may be able to download, link or connect with third-party applications or websites through your usage of the Platform and available features provided by the Company. The Company shall not be responsible for and make no representations or warranties regarding the content, functionality or compliance with any applicable laws or regulations of these third-party applications.

12.2 The use of third-party applications and content shall subject to separate terms and conditions and privacy policies, which will be subject to responsible of such third party that you use their application. Please carefully read and review terms and conditions and privacy policies of third-party applications before you use them.

Indemnification By using the Platform, you agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, costs including but not limited to attorney’s fees, arising from or relating in any way to your use of the Platform or any willful misconduct on your part.

Termination 14.1 Each user shall have the right to terminate the account by ceasing your use on the Platform and delete your account or any related software or application provided by the Company at any time.

14.2 The Company reserves the right to terminate these Terms, your account and suspend your access to all the Content on the Platform at any time, in its sole discretion, without notice if you breach any provisions of these Terms or any applicable laws. You acknowledge and understand that the Company shall not be liable to you or any third parties for any termination of your account or suspension of your access to the Platform due to your violation of these Terms.

14.3 Upon the termination of these Terms and your account, you shall not be able to access the Platform or make a reservation of the Services on the Platform and all outstanding payment (if any) shall be payable to the Company or Vendor that you booking or reserving the Services with or the Company may cancel those pending booking or reservation you made on the Platform. The Company shall not be liable for any damage or compensation for cancellation of your reservation after terminating these Terms and your account.

Changes of these Terms 15.1 The Company reserves the right to amend any terms and conditions of these Terms at any time and for any reasons in its sole discretion. By continuing to access or use the Platform, it shall be deemed you are agreeing to be bound by the modified Terms with no objection.

15.2 The Company and its third-party service providers may make improvements and/or changes in the Platform, including but not limited to, services, features, and prices described at any time and for any reason in its sole discretion. You agree that the Company shall not be liable for any modification, suspension and discontinuance of the Platform.

Assignment You may not assign, delegate, or transfer any of its rights or obligations under these Terms to any person without the prior written consent of the Company. Any attempt by you to assign, delegate or transfer these terms and conditions, without such content, shall be null.

Waiver No failure by the Company in enforcing any right, power, privilege or provision of these Terms shall constitute a waiver by the Company. The waiver of any such right, power, privilege or provisions of these Terms will only be effective if in writing and signed by a duly authorized representative of the Company.

Severability The provisions of these Terms are severable. If any provisions of these Terms become or shall be invalid, illegal or unenforceable by reason of any applicable law, the validity, legality or enforceability of the remaining provisions shall continue in full force and effect to the fullest extent permitted by applicable law in your jurisdiction.

Governing Law and Dispute Resolution The governing law of these Terms shall be governed by and construed in accordance with the laws of Thailand. Any dispute, controversy or claim arising out of or relating to a use of the Platform that cannot be solved amicably shall be referred to and resolved by the court of Thailand only.

Contacting Us If you have any questions about these Terms, you may contact us at following details:

Comein Asset Management Co., Ltd. Address: 46/3 Moo. 1, Aonang, Krabi, Thailand 81180 Website: www.thecomein.com Email: support@thecomein.com