Terms of Use

ภาษาไทย

1. Effective date

From 01 May 2021 onwards until further notice.
Subject to changes without giving prior notice anytime.
Terms to be provided on site all times.
Applies to services through gmtour.com website or any contact points with our GM Team
Conflicting or relatable clauses in signed contracts will prevail over this Terms of Use.
Please read carefully before usage.

2. Intended for Who

Any Users viewing, accessing, and transacting with GM and Travel through the website or our support team. This includes those who purchased or is planning to purchasing products or services with GM.
By accessing, using or confirming to any transaction with any GM Team, website or communication channel of GM, you acknowledge and accept these Terms of Use and agree to be bound by them. If you do not accept them, you should not use the GM and the services/products provided through any of its outlets.
These terms may differ from privately negotiated or dedicated contracts at any stage with GM, but serve as a basic/standard Terms of Use.
Customers deemed having capacity into legally binding contract, whether of age or not or different country.

3. Information about GM

Company name: G.M. Tour & Travel Co., Ltd.
Registered office : 11/1 AIA Sathorn Tower, Floor 14, Room 1404, South Sathorn Road, Bangkok, Thailand 10120
Tax ID : 0105531047761
Good Governance
Data Protection and Privacy

4. Definitions

GM refers to G.M. Tour & Travel Co., Ltd.
GM Team refers to any staff or employee of GM.
GM Online refers to gmtour.com, GM API, GM Systems or any solution or any electronic communications or any systematic infrastructure owned and operated by GM.
Users refers to any potential customer, existing customer, supplier, or anyone who enters, view, transact, communicate or make payment through GM Online or GM Team.
Customer refers to GM’s customers who may be travel agents, online travel agents or corporations. Customer does not refer to the actual travelers who may have purchased travel products from GM’s customers.
Supplier refers to the product owner, for example, the airlines or hotels.
Authorized Person refers to the legally authorized person who can represent, sign and act on behalf of Customer’s account, company or entity.
Booking/PNR Code refers to the 6-digit booking/PNR code provided by the respective GDS.
Ticket/Passenger refers to the ticket number provided by the airline per passenger.
Published Fare refers to the market fare provided by the airlines to the whole market.
Issue fee refers to the service fee that the GM charges to the Customers, subjected to VAT.
Total Amount or Agent Net refers to the net, tax and issue fee included as a sum made outstanding onto Customers by GM.
Currency used in this Agreement is Thai Baht or THB.
Time zone used in this Agreement is Bangkok Local Time.
Good Governance refers to multiple topics that formulates to the overarching policy that underlines GM’s operating approach.
Data Protection and Privacy refers to the understanding, actions and protocols GM follows with regards to information handling and storage.
Intellectual rights and properties refers to designs, texts, images, names, graphics, source code, drawing, designs, browsing structure, databases, trademarks, commercial brands, names, logos, distinct marks, domain names, trade secrets, know-how, similar to mentioned, patents are all exclusive property or licensed to GM or associated parties.

5. Description of service

GM aims to provide efficient travel and fulfilment services to travel agents, online travel agents and corporates in exchange for service fees.
GM does not own products sold, but own the booking systems, supporting staff and orchestration of services to facilitate the fulfilment of such products.
Hours of operations is displayed at Contact Page.
Shopping
1. GM aggregates travel products like flights and hotels into a single content source. You can search and shop for these products via our website or by contacting us.
2. The products, prices and conditions shown are subject to availability and is ultimately controlled by the product owners.
Booking
1. GM provide booking solutions to facilitate making a reservation through our website.
2. Customers should be careful to view the search criteria, results, conditions, prices and terms of use before making the reservation in any channels anytime.
3. Deadline of ticket or product issuance is determined by the product owners, and GM may facilitate a shorter deadline to provide processing cushion.
4. Suppliers may communicate to Customer on schedule changes.
5. Customers accept the product details and conditions upon booking.
Ticketing
1. GM sells international and domestic airlines available per timing and applicability in each application in GM Online. The list of airlines is due to change depending on the availability real time.
2. GM provide pricing and ticketing fulfilment services to Customers who have made bookings with GM or by themselves.
3. Prior to any ticket issuance, Customers are to authorize access to such bookings by transferring queue or authorizing access via the GDS or any reservation means necessary. Without such authorization, GM does not have the capability or authorization to access itinerary, booking, passenger or pricing information stored within your booking.
4. Customers accepts the product details and conditions upon ticketing.
Void
1. GM can void tickets issued with GM between 00.00 – 23.45 of the ticket issuance day.
2. Customers can void tickets issued with GM within the same day via our website or emailing us within operational hours.
Refund
1. Customers agrees that all tickets issued are subject to the cancellation policy set out in the booking details, dictated by the Supplier.
2. GM’s refund time period depends on the processing time taken by the Supplier.
3. GM will instruct Customers of approximately how much refunds can be processed prior to Customer’s confirmation of refund initiation. Ultimately, GM does not control how much refunds can be processed and is subject to Supplier’s decision.
4. Once GM receives refunds from Suppliers, GM will verify the amount then process refunds back to Customer’s Credit or Bank.
5. Refunds are not remitted back if Customers have outstanding balance.
6. Progress and status of each refund can be tracked in Refund Tracking.
7. Customers may choose Refund Options in Settings after logging into GM Online.
  1. Refund to Credit
    1. By opting this option, once suppliers refund to GM, GM will credit Customers’ GM Credit account almost immediately.
    2. Any outstanding invoices will be automatically paid for by unapplied credit. / These credited refunds will be automatically applied to any outstanding invoices.
    3. Customers can submit Funds Withdrawal request to retract all remaining unapplied funds from GM Credit account into Customers’ bank account.
  2. Refund to Bank
    1. By opting this option, once suppliers refund to GM, GM will transfer to Customers’ registered bank account on the 25th of each month.
Changes
1. Customers agrees that all tickets issued are subject to the change policy set out in the booking details, dictated by the Supplier.
2. GM’s processing time period depends on the processing time taken by the Supplier.
3. GM will instruct Customers of how much additional fees is imposed by the supplier and GM.
4. GM will provide confirmation of change back to you, once supplier has accepted and processed back to GM.
5. GM can negotiate and reissue tickets with the Supplier on behalf of Customers, but does not guarantee the amount, duration or fees.
Interpretation
1. GM only recognizes fares, notices and newsletter of airlines or governing bodies within Thailand territory where the ticket has been processed.
2. GM’s interpretations of fare conditions or feasibility is considered final.
GM Online and other solutions
1. GM owns and provides a range of online, technical and orchestrated services either via GM Online or GM API.
2. New services, modifications and closure of any or all solutions may happen without prior notice. GM will try to keep uptime to the maximum but cannot ensure 100% usage ability.
3. GM is not responsible for any loss of revenue, damages or any other claims should the solutions are not available. For support or alternative methods to proceed with your request, please contact our GM Team per contacts provided.
4. Customers are not to replicate, copy, redistribute or aim to cause harm to GM Online.
Fees are informed at the time of confirmation prior to execution of any action by GM Team or via website. Fees are subject to change per promotions, month or agreed upon in the service agreement. Fees are subject to change by the Suppliers.

6. Payment

Customers is offered a choice between 2 payment terms
1. Pre-paid
  1. Payments to be valued in GM account before any transaction can perform.
  2. GM holds the right to deny any service if payment not received of insufficient.
2. Post-paid
  1. Credit limit provided by GM after Customer provide security.
  2. Customers are responsible to make timely payment to billed invoices before the due date of each billing period.
  3. Billing periods and Billing Invoices can be viewed in GM Online.
  4. Failure to make payment will result in account freeze and halt in all services and access.
  5. Insufficient credit or balance can be replenished by top up or making payments to existing invoices.
  6. Credit limit subject to changes with written notice 30 days before effective.
3. Customers can choose amongst these payment channels
  1. Transfers through mobile banking, internet banking, bank counters or ATM.
  2. Cheque attention to G.M. Tour & Travel Co., Ltd. only, where Customers deposit cheque into GM bank account.
  3. Credit cards
    1. GM charges a processing fee for credit cards.
    2. Fake or fraud cards responsible by Customers.
    3. Once processed, Customer may not decline payment as card name and passenger name may not be the same.
    4. Customer acknowledge that Customer can top up to GM Credit using credit card, which means a top up amount is reflected and no ticket or product is delivered at time of top up.
4. GM reserves right to cancel Customers orders or stop service if payment or any part deemed fraudulent.
5. All payments are to be directed to official bank or payment gateways of G.M. Tour & Travel Co., Ltd. accounts.
6. Taxes
  1. GM responsible for applicable taxes on services provided and payments received.
  2. Customers responsible for VAT taxes on services received and payments made.

7. Fundswithdraw

GM reserves the right to withdraw and transfer funds back to Customers only when requested supporting documents are provided.
GM reserves the right to process Fundswithdraw requests around 25th once a month to Customers who have submitted requests before monthly deadlines of the 15th
Unclear, insufficient or fraudulent documents will be rejected and further reported to Customers’ authorized personnel.

8. Service quality and commitment

GM operates a rotation of teams per operational hours.
GM strives to respond as timely and to the highest quality to all Customers requests by emails, phones or other channels made available.
GM services Customers with utmost professional manners, speech and language.
GM reserves the right to refuse service to Customers who abuse, condemn, intimidate, threaten or use bad language, bad manners or fails to understand GM’s multiple attempts to explain a point.
GM recommends Customer to use Email Templates to submit requests to GM for ease of use and convenience.
GM reserves the right to refuse service if emails from Customers does not contain sufficient information or clarity to proceed.

9. Supplier or Product Related

When booked, you agree to the Suppliers or product owner terms and conditions for usage and changes.
Depending on Supplier’s restrictions, some changes or terms GM will not be able to assist or alter on your behalf or passenger behalf.
Any interception or intervention by passenger or yourself directly to supplier, may inhibit GM to assist afterwards. GM is not responsible for damages or loss of time or inability to service further.
GM may requires contact email of Customers or end travelers. This is strictly for the purpose of Suppliers who request such information. Suppliers may communicate to you or passenger directly for schedule changes, emergencies or unforeseen situations.
Products and services sold are priced by the product owners and subject to change with market fluctuations.

10. Obligations of GM

Liable for willful intent or gross negligence by GM Team where a breach in intent to harm, damage, make loss of revenue to immediate Customers, but not sequential to third party losses.
Services and fees shown for products sold by GM.
Services which fees were paid for only.
GM will only proceed with Customers who have registered an account and with official emails registered within those accounts.
GM is responsible for any ticketing, refund, exchanges or related ADMs in which was a result of GM processing or execution.

11. GM is not responsible for

Good Practice and Legal Commitments
1. GM does not guarantee or is responsible for foregone damages or prices or business opportunities if GM does not respond within anticipated time of a request. Customers will not hold GM responsible at the time of Customer’s email sent, but will have to accommodate time for GM has completely process a request. This may take longer than expected and sometimes may not be processed at all.
2. Loss of business during unscheduled or scheduled downtime in GM Team or GM Online services, which may be impacted by external events or factors outside GM control. This may include but not limited to natural disasters, political events, supplier or communication breakdowns, weathers, electrical shortages or product owners’ changes.
3. Interferences, omissions, interruptions, computer viruses, breakdowns, hardware or software disconnection of Customers, Customers’ hardware compatibility, Customers’ hardware and software functionality.
4. To extent permitted by law, GM nor its staff, employees, suppliers, representatives or others involved in providing services to Customers are not liable for
  1. Consequential loss or damages, profits, production, revenue, contract, goodwill or reputation, claim.
  2. Inaccuracy in products or information, prices of suppliers made available.
  3. Any injury, death, property damages or other direct, indirect special consequential damages occurred.
  4. Negligence, willful misconduct, omissions, non-performance, misrepresentations, misunderstandings, by suppliers or products shown or sold.
5. Additionally, the Customers shall hold GM harmless at all times of any claim and/or any damages caused by any traveler to a third party during the travel, and shall assume all liabilities, damages and/or injuries and/or obligations derived from or caused by the breach of any terms of use from the GMs by Customer or any traveler.
6. GM reserves the right to immediately stop operations if airlines, governments, GDS, IATA or any other governing bodies threaten to terminate, close to impact GM’s ability to carry it out its operations because of Customers’ lack of response or failure to follow correct fares and conditions provided.
7. Reserves right to deny access and service without prior notice.
Operational Excellence
1. GM is not responsible for any communication to end traveler.
2. GM is not responsible for Customer or end travelers’ own mistake, wrong information, missing deadlines, missing notifications, missing supporting documents, refusal to board, refusal to enter a country, outdated information or mismanagement of time.
3. GM is not responsible for Customers’ rejections of products or refusal to make payment for products or services that were already confirmed or processed to GM.
4. GM do not guarantee completion of all requests and processes within supplier’s deadlines or GM closing of business hours. Customers must prepare and send requests in consideration that GM will take time to process each request. GM is not responsible for loss of refunds, ticket issuance, ticket expiry or others even if Customers have emailed or submitted requests to GM before closing hours or before deadline. Until GM have been given sufficient and reasonable time to process those requests and confirmed back in email, GM is not liable for any loss or damages by Customers.
5. GM reserves the right to exempt such requests from SLA if large number of unqualified, duplicate or repeated requests or emails are received from the Customers.
6. GM will not respond to account emails that were reused through the change of just subject line. Each new request must be a new email.
7. GM is not responsible for issuing fares that have passed the ticketing expiry period.
8. GM is not responsible for any ADMs, errors or damages from anything not a result of GM processing. This includes but not limited to fake names, wrong passenger details, married booking, look to book ratios, missing flight departures, miscalculation of prices, fare expirations, HX segments, idle bookings, deliberate manipulation of fares, deliberate attempt to evade fare conditions, miscommunications by suppliers, inaction to schedule changes, ignorance of schedule changes and others.
Communications
1. Links to third party sites or what third party sites may say, communicate, publicize about GM or suggest of GM’s services, communications or products.
2. Personal communication or social media by GM team/staff, not by GM’s Official Accounts.

12. Obligations of Customers

End Traveler
1. Customer is responsible for end to end communications, payments and transactions to Customers’ customers or end travelers.
2. Customers agree to operate, transact and communicate with care and respect in all aspects to the public, end travelers, third parties, Suppliers and GM when any service or product or communication has relevance to GM.
3. Customers is responsible for maintaining a robust and accessible contact center for end consumers.
Operational Excellence
1. Customers are responsible for checking and accepting products, passengers, itineraries, conditions, fares and every detail prior to confirming any execution of a transaction.
2. Customer is responsible for ADMs, errors or damages proven to be caused by Customer.
3. Customer is responsible for monitoring queues, schedule changes, notifications, emails and communications from GM and suppliers with regards to upcoming, existing or past enquiries
4. Customers is responsible to check fare conditions, make appropriate modifications such as split PNR, new itineraries or repricing before sending the PNR to GM for any exchanges, refunds or inquiries.
5. Customers is responsible to check fare sheet on GM website and check validity of tickets. The Customers must send any exchange/refund request 14 business days in advance of the expiry date.
Good Practice and Legal Commitments
1. Strictly does not involve fraud, bribery, corruption or illegal purposes and dealings, which includes manipulating information or deliberately miscommunicating.
2. Actions done by Customer’s access is deemed responsible by you as an entity unless proven legally of irresponsibility.
3. Keeping true complete accurate information shared to GM for purposes of transactions, not fraudulent.
4. Obey and operate per privacy obligations, terms of use, industry’s best practices, financial restrictions, and all Laws of Thailand.

13. Your Account

GM reserves the right to communicate and amend changes only if given written approval by authorized person from Customers’ company or account.
GM reserves the right to temporarily or permanently suspend access or usage of Customers’ account and services if GM believes Customers’ account is not authorized or authenticity is impaired from Customers’ authorized person.
Inactive accounts for more than 180 days may results in temporary suspension of access
Customer is responsible for safeguarding your account information, transaction data, access to email, user, password and other information about your account. If Customer believes any of these information is breached or compromised, it is Customer’s responsibility to change or update such information immediately.
Customer is responsible for keeping updated your account’s information, contact details, users and bank details.

14. Webinars, Events, Promotional Materials and Newsletters

All marketing events, communications and efforts are intended for GM Customers and is not intended for the general public or end passengers.
Customers may subscribe or unsubscribe to GM communications anytime on each of the communication’s content or by contacting GM Team for guidance.
All communications are official once sent out, but is subject to change and modification from subsequent communications.
GM owns all communications, methods, artworks or media shared to Customers and Suppliers.
Unless otherwise informed as confidential, Customers may redistribute the content as long as they are not distorted or rephrased as otherwise.
Accuracy and validity of actual content of suppliers or content derived from other sources are not responsible by GM.

15. Partnerships, Association and Representation

GM is not a representation, association or in partnership with any of its suppliers and Customers and vice versa.
Suppliers and Customers may not communicate, represent or transact with other Customers, media, public domains, social medias or suppliers using GM’s name, entity, branding or in any means of involvement with GM without written consent.

16. Exclusivity

GM reserves the right to service other Customers of whom may or may not be direct or indirect competitors to Customers.
Customers agrees to indemnify and defend GM from any damage, decision, expenses and other losses incurred by Customers, unless directly related to services provided in this Terms of Use.
GM agrees to indemnify and defend Customers from any damage, decision, expenses and other losses incurred by GM, unless directly related to services provided in this Terms of Use.

17. Confidentiality (NDA)

Customers shall keep the GM’s name and details of this Terms of Use confidential unless given written consent by GM.
GM shall also keep the Customers’ name and details of this Terms of Use confidential and undisclosed unless given written acknowledgement by Customers.
Confidentiality Clause shall survive for 1 year after any termination or expiration of the Terms of Use.

18. Data Protection and Privacy

GM operates under the privacy and data protection regulations of GDPR of the European Union and PDPA of Thailand.

19. Intellectual Properties

Customers may not use, reuse or infringe on Intellectual Properties of GM whether in any offline or online materials unless given written consent by GM.
GM also may not use or reuse the logos or branding of Customers in any offline or online materials unless given written acknowledgement by Customers.
Customers allowed to view and make copy of transactions belonging to Customers only to their private use of computer systems in both software and hardware. Data for each Customer is not intended to be shared to third party unless for transactional purposes.
Cannot remove, reiterate, edit before sharing if will change or intent to modify alter message important to services.

20. Other terms

Clauses are independent of other clauses and survive in effect, even if some clauses may not apply.
Governing law is Thailand.