Myanmar Thahara Limited (“Thahara”, “we”, ”our” or “us”) operates Thahara.com, this accommodation and travel experience website (the “Site”). These terms & conditions govern your access and use of the Site and any services provided in this Site, directly or indirectly from any type of device fixed or portable from which online availability gives access to our platform. Continuing to use our Site implies acceptance of these terms and conditions and an acknowledgment of having understood and agreed with these terms and conditions together with the policies and guidelines described in this Site. Any policy or guideline found in this Site should be read in conjunction with these terms and conditions and are considered legally binding.
1. GENERAL PURPOSE OF OUR SITE
Thahara provide users of the Site the opportunity to obtain information and to reserve and book travel related products and services in Myanmar including accommodation (hotels and guest houses), sightseeing, guided tours and various other leisure and cultural activities that make up the unique experiences Thahara provides. We offer a range of different packages for a complete Myanmar experience and bookings can be made through this Site or by contacting our customer service representative directly at +951 441 3410 or via email at email@example.com.
Please note the following carefully:-
Any reservation or booking made on this Site must be in accordance with the procedures outlined and/or by our customer service representative. Regardless of the type of booking/reservation, confirmation of a booking or reservation through this Site is legally binding on you. On completion of the booking/reservation procedure and payment of any necessary amount you will be sent an email confirming the booking/reservation email and provided with all material details of the transaction including the date for further payment if required, date(s) services are to be provided, names of the parties etc.It is your responsibility to adhere to the payment terms noted in the confirmation email, and to promptly inform us promptly of any changes that may affect details in your confirmation email.
2. THE USE OF THIS SITE
By using this Site you warrant that you are of legal age (at least 18 years of age) and that you have all necessary legal authority to enter into a binding agreement in accordance with these terms and conditions. The Site is to be used by you solely for the purpose of making bookings/reservation for accommodation and different activities of interest in Myanmar or other locations noted on the Site. By using this Site you warrant that information provided by you or any person/entity acting on your behalf is accurate and truthful.
The following conduct is strictly prohibited in connection with accessing or using this Site and may result in legal action being taken against you. By continuing to use the Site you confirm that you will-
• Not breach these terms and conditions
• Not use the Site in any illegal manner
• Not re-use, post, transfer, re-sell, copy, or download any of the contents of the Site whether or not protected through copyright without our written authorization to do so.
• Not attempt unauthorized access of the Site or any account related to the Site in any manner what so ever
• Not make speculative, fraudulent, or false reservations or bookings
• Provide correct information
• Not use this Site for commercial, or for reasons which do not conform with the stated purpose of this Site.
Thahara reserves the right to take action against you or any person acting on your behalf if you misuse this Site or engage in any activity which infringes our copyright, or is of an illegal or illicit nature. You will be liable to pay charges, duties, taxes, and other costs arising from the misuse of the Site.
Thahara works in collaboration with various partners (third parties) and certain information provided on the Site regarding accommodation and activities is information obtained from those third parties including information relating to hotel policies, booking arrangements, rates, descriptions, guided tour arrangements and activities. Thahara works with our partners to ensure that information is accurate and correct but if a product or service is provided in collaboration with a third party, Thahara cannot be held responsible for any errors, inaccuracies, or incomplete information.
4. BOOKING AND PAYMENTS
Bookings – Any booking or reservation made through this Site is legally binding. Some bookings or reservations cannot be cancelled without incurring a cancellation fee and/or loss of any deposit paid.
In many cases you may not be entitled to a refund if you do not show up and additional charges may be incurred for no-show, early departure, and late checkouts. We recommend that you read the cancellation policy for your choice very carefully. This information will be provided to you during the booking process and before confirmation. It will also be provided in the reservation confirmation sent to you by email.
Alterations – If you wish to make changes to your booking, it is your responsibility to contact Thahara promptly through this Site or directly to its customer service representative and within the time specified in the confirmation email. Thahara reserves the right to charge additional fees for any changes that may be made to your booking.
Payments – Payment must be made in the currency specified in this Site for the package. Payments will be collected by charging your credit or debit (the “Card”) card. Payments made through your Card will be the amount(s) shown on your reservation confirmation, a copy of which is sent to you by email. It is your responsibility to ensure you have sufficient funds in your account or sufficient credit. Where full payment is required the total amount will be deducted immediately prior to booking confirmation and confirmation of payment will be provided to you by email. When only partial payment is required at the reservation/booking stage, you will be required to pay the remaining amount before the pre-agreed date specified in your booking. Failure to pay the balance by this date may result in cancellation of your booking and cancellation and other related charges.
Taxes and Fees
The law in Myanmar may from time to time require payment and collection of taxes in addition to the cost of goods and services. For example a sales tax, which is an indirect tax, applied to goods or service to be collected by the supplier and remitted to the government. We reserve the right to charge additional fees to cover administration charges or other charges incurred by us or our partner(s) relating to the collection of such additional taxes. The amount paid for taxes, fees, or any additional charges will vary depending on local and national laws, the policies of the accommodation and/or service providers and Thahara.
If arrangements have been made for payment for any goods or services relating to the reservation or booking to be made over the counter at the accommodation or other activity office, Thahara.com reserves the right to charge a service fee for our role in facilitating the entire procedure.
Deposits, Payments and Cancellations
It is your responsibility to notify Thahara of any cancellation or no-show. You agree to abide by our deposit and cancellation policy.
A non-refundable deposit equal to 10%, 20%, or 30% (depending on the season) of total charges must be paid before a reservation can be confirmed. Upon payment of this deposit, a reservation confirmation email will be sent to you. A reminder email will be sent to you to pay any remaining amount before the due date and thereby secure your booking.
Low seasons – A 10% (non-refundable) deposit is required. Before the date specified in your confirmation email, which will be at least 21 days prior to your scheduled arrival, a reminder email will be sent to you to pay the remaining amount and secure your booking. The remaining amount must be paid prior to arrival. If you wish to cancel your booking within the period 21 days prior to your scheduled arrival, a 100% cancellation charge is applicable and you will be liable to pay us the remaining 90% in addition to forfeiting the deposit.
High seasons – A 20% (non-refundable) deposit is required. Before the date specified in your confirmation email, which will be at least 45 days prior to your scheduled arrival, a reminder email will be sent to you to pay the remaining amount and secure your booking. The remaining amount must be paid prior to arrival. If you wish to cancel your booking within the period 45 days prior to your scheduled arrival, a 100% cancellation charge is applicable and you will be liable to pay us the remaining 80% in addition to forfeiting the deposit.
Peak seasons – A 30% (non-refundable) deposit is required. Before the date specified in your confirmation email, which will be at least 60 days prior to your scheduled arrival, a reminder email will be sent to you to pay the remaining amount and secure your booking. The remaining amount must be paid prior to arrival. If you wish to cancel your booking within the period 60 days prior to your scheduled arrival a 100% cancellation charges is applicable and you will be liable to pay us the remaining 70% in addition to forfeiting the deposit.
Thahara works in collaboration with other parties/associates who are independent and may have their own cancellation policies. Please note that the amount shown on the booking confirmation for any reservation is the total amount applicable for the service being provided whether the service is being provided entirely by Thahara or in collaboration with a partner. When Thahara works in collaboration with another partner, cancellation will be subject to Thahara’s cancellation policy. For further information on cancellation of a particular service please refer to the cancellation terms specified on the relevant booking page prior to making a reservation and to the confirmation of reservation email sent to you.
5. ADDITIONAL FEES
The prices displayed on our Site relate to the package, accommodation, and/or activities requested by you and for the dates and the number of persons you have specified. Thahara displays the rates inclusive of all charges (tax, service fees). The total price payable will be displayed prior to confirmation of your booking. You must verify that all information on the confirmation page is correct before we can accept your reservation.
6. REVIEW, PROMOTIONS, AND CORRESPONDENCE
Thahara may request that you provide a review of their services which will be sent to you by email. Completion of this review is completely optional, but you agree that any review provided by you may be posted on our Site and used for the purpose of providing customers a rating guide of our service, and quality of accommodation. Guest reviews may also be posted on our social media page, newsletters, or any other channels used for marketing purposes by Thahara.com. In particular, you warrant that:
• Any review posted by you is accurate as of the date of posting
• The review provided is not in breach of these terms and conditions or of any agreements with the providers of accommodation or services you have used
• It does not contain information or content which is the property of a third party.
Thahara reserves the right to alter, delete or modify any content posted by you if it is deemed not to be in accordance with these terms and conditions. Thahara is under no obligation to pay for any content posted by you or to attribute authorship for such content posted by you. You agree that any content posted by you will not include any personal information. You agree that you do not object to content being published, deleted, or used by us or our associates and you release Thahara and its associates from any claims you might otherwise be able to assert against Thahara by virtue of any legal or moral right.
7. TRAVEL REQUIREMENTS, VISA, INSURANCE
Thahara provides services in Myanmar and other locations specified on our Site. Services are provided to residents of any country traveling from any part of the world. It is your responsibility to obtain the necessary information regarding the requirements for travel and the necessary documents from the relevant authorities. You are advised to carefully check the visa and travel requirements before making a booking.
Thahara does not provide advice or warrant that travel to any of our destinations is risk-free. This also applies to goods, services and activities booked via the Site. We are not responsible for losses that may occur during your travel and/or damages arising from any incident during your stay. This includes personal injury and death. You voluntarily accept all the risks relating to your travel as well as all risks relating to goods, services and activities booked via the Site and agree to yourself and your personal representatives indemnifying and holding harmless Thahara and any related entities, against any claim or claims whether from yourself or from third parties resulting in any loss or damage (including personal injury and death).
You are strongly advised to obtain comprehensive insurance coverage for the period of stay and to obtain all necessary information regarding import/export restrictions and any other laws or regulations that may apply to you during your stay in Myanmar and/or other locations noted on the Site.
8. THIRD PARTY/PARTNERSHIP
Thahara provides unique and authentic accommodation and experiences in Myanmar. We work closely with various partners who provide accommodation facilities and activities at various destinations around Myanmar. We will provide relevant information regarding such facilities and activities on our Site and facilitate reservation but do note that our partners are independent contractors and may have their own rules and regulations in place. It will be your responsibility to adhere to them.
Thahara asks all our partners to adhere to a strict privacy and confidentiality policy and to provide accurate information in relation to their accommodation and activities. We carry our checks and site visits regularly but we are not responsible for the accuracy of information provided by our partners.
9. COPYRIGHT INFRINGEMENT
Individuals or entities who wish to alert Thahara.com of copyright infringement should proceed in the manner specified below. If for any reason, you believe that any material posted on this Site is an infringement of your copyright you should contact us immediately with sufficient information so that we can investigate your claim including:
• Your personal details – name and address- and the signature either physical or electronic or of any person having a power of attorney to act on your behalf;
• A correspondence address if different from the one the above, including telephone number and email;
• Proper and clear identification of the copyright work(s) that you consider to be the subject of infringement;
• A statement providing enough information with regard to the material that forms the basis of alleged infringement so that Thahara.com can properly identify and locate it. The statement must be detailed and specify the URL containing the infringement;
• A statement of good faith from you confirming that the use of the material disputed was not authorized by the copyright owner or his agent;
• A statement confirming that the information provided is correct and where relevant that you or any entity acting on behalf of the you has the power of attorney to act on behalf of the copyright owner;
• A statement that you would like to have any material, if proven to be an infringement, removed from the URL location indicated;
• All documents forming evidence for the claim of copyright infringement should be duly signed and sent to the Thahara office at; 608 Merchant Street, Floor 3, Pabedan Township, Yangon, Myanmar. Telephone number; +951 441 3410
You should be aware that penalties can be imposed for illicit and improper claims and that Thahara reserves the right to refer such claims to the relevant authorities.
10. INTELLECTUAL PROPERTY
Other than the exceptions which are specifically referenced in these terms and conditions, all the content on this Site is the property of Thahara or the referenced third party, or is licensed and/or used with permission by Thahara including, but not limited to, all marks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (collectively, “Site Content”). No license to or right in any such Site Content is granted to or conferred upon you. All and any intellectual property is protected by the copyright laws and may not be copied, published, downloaded, promoted, or used in any manner without proper authorization from Thahara
Copyright material on this Site is for personal use and only when such use is permitted and in accordance with these terms and conditions. In the event of publication, transfer, redistribution, or copying as part of a permitted usage, under no circumstances should the material be changed or any trademark or author attribution deleted. By copying, downloading, publishing, or transferring any material, you agree not to claim ownership of any copyright material that is the intellectual property of Thahara or any of its associates.
The Site may include third party logos, trademarks, and other proprietary designation. Their availability should not be considered as an endorsement of such third party site(s). The presence of any third party material on any page of our Site does not imply that Thahara has copyright ownership of such material.
Thahara.com takes your personal privacy very seriously. We have put in place security measures to ensure that information provided to us should not be lost, misused or tampered with in any manner. We use secure socket layer (SSL) encryption technology when recording personal information including the information we obtain when making a payment through Cards. SSL technology captures information in an encryption mode and keeps the information safe and secure.
Data sharing – for the purpose of completing a booking/reservation we may share your personal details with our partners. In certain circumstances Thahara may request that you transact directly with our partner(s). All third party collaborators agree to adhere to strict confidentiality and security standards for your personal data. Information provided to us may be shared with the following:-
• Accommodation Providers – your details are required to be transferred to our partner(s) providing accommodation in order to secure and complete your reservation. These details include name, contact details, number of persons traveling with you, booking details, and personal identification details.
• Other Service Providers – To provide you with quality service, your information may be shared with the third parties providing services such as food and catering, spa and personal grooming, ground transportation, tours.
• Authorities – Your information may be shared with the relevant authorities when lawfully requested. Your information may also be disclosed if we consider it necessary for the prevention, detection and prosecution of criminal activities.
Personal information – We do not collect your personal data unless you are entering into a transaction with us. Information collected includes your name, address, phone number, email, credit card information, booking details, identification details, and details providing you access to our Site.
Use of information – The information that we collect is primarily used to provide you with the best service possible. When making a reservation, we need your personal details to be able to identify you on arrival. The information is also used to provide additional promotional services. In the case of promotional services, we will not send you promotional emails, text, unless you have given your consent. Generally, your information is collected for the following:
• Reservation – Your personal details are necessary to complete your reservation for accommodation and other activities booked
• Customer service – Your information is also essential to provide you with adequate customer service.
• Marketing – When you agree to receive promotional offers, we may use your personal information to send you news about related travel products and services. Market research – Your information may be used for the purpose of market research. In such case information provided to us will be used only with your consent.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THAHARA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED THROUGH THE SITE. THAHARA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THAHARA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR SECURE. THAHARA IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR SYSTEMS AS A RESULT OF OTHER THIRD-PARTY BEHAVIOR. THE SITE, INCLUDING ANY GOODS OR SERVICES PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN NO EVENT WILL THAHARA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RELATED PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF THAHARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES, ARISING OUT OF ANY MATTERS OR CLAIMS YOU MAY RAISE RELATING TO THE SITE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THAHARA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RELATED PARTIES, EXCEED THE GREATER OF USD 100 OR THE AMOUNT YOU PAID TO THAHARA FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE. IF ANY OF THE LIMITATIONS CONTAINED HEREIN ARE CONTRARY TO APPLICABLE LAW (SUCH AS, CONSEQUENTIAL OR INCIDENTAL DAMAGES), THAHARA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW.
By using this Site, you agree that you will defend, protect, and indemnify Thahara, third parties and any other entity associated with Thahara directly or indirectly, including Thahara representatives, its employees, directors, consultant, affiliates, contractors, agents, attorneys, or consultants, from and against any and all damages, claims, liabilities, costs, judgments, and causes of actions including any and all related expenses and legal fees, that may result from your use of Thahara.com Site. If you are using this Site on behalf of a third-party it is your responsibility to inform that third-party of all terms and conditions applicable to the use of this Site.
14. GEOGRAPHIC LOCATION
Thahara operates the Site from Myanmar. If you use the Site outside of Myanmar, you are responsible for following applicable local laws and determining, among other things, whether your use of the Site violates any local laws. Please note that by using the Site, you agree that personally identifiable information and other non-personal data about you may be transmitted to Myanmar.
15. CHANGES TO TERMS AND CONDITIONS
Thahara reserves the right to change these terms and conditions at any time without notice to you. By using the Site subsequent to any change you are agreeing to be bound by such change.