Terms & Conditions

The Liva brand is made available to LIVA DOT COM (ASIA) CO LTD (hereinafter “LIVA.COM” “We”) TAT License 31/01211.
For more information about liva.com, please see our Legal Notice.

Liva.com is a web-based tool in various languages that allows you to search for, compare and present passenger transport offers in the name of and on behalf of its commercial providers, particularly in the field of land, rail, sea and river passengers transport worldwide.

LIVA.COM doesn’t have any economic control over its service providers and does not organize any transport or journey itself.

The services presented on the website http://www.liva.com and its affiliated websites (e.g. phuketferry.com, ferrysamui.com, baliferry.com etc...) are offered by LIVA.COM in the name and on behalf of its Providers.

Introduction

Acceptance of Terms
“General Conditions” means the general conditions of sale and use of the Site.
“Provider” means any supplier of services offered on the Site.
“Service” means a service offered on the Website, such as transportation, activities, insurance, etc.. Note that some Services are sold by LIVA.COM, on behalf of its Providers, and others are sold directly by its Providers.
“Order” means any reservation made and validated by the User on the Website.
“Terms and Conditions” means the general terms and conditions of sale of each Provider that must be accepted before any order is placed.
“Specific Conditions” refers to the general sales conditions of each Provider.
“Website” means the websites www.liva.com and affiliates (e.g. phuketferry.com, ferrysamui.com, baliferry.com etc...) as well as the tools, edited by LIVA Core and under non-exclusive license made available to Liva.com.
“User” means any person using the Website, in particular to book, order and/or purchase any Service offered by LIVA.COM on behalf of its Providers.

Scope of application
These Terms and Conditions apply to all use of the Website, including the marketing of all Services offered on the Website by LIVA.COM in the name and on behalf of their Providers.

Use of website

Booking of services is reserved to Users who have read and accepted by clicking, the present General Conditions in their entirety, as well as the Specific Conditions, specific to each Service, prior to each Order.

The express acceptance of these General Terms and Conditions and the Specific Conditions is made by validating the order. Without this acceptance, the continuation of the booking process is technically impossible.

LIVA allows its users to find a passenger transport offer by land, sea and/or rail for a given journey and to book a ticket online directly with the provider.

For each trip, LIVA proposes, in the name and on behalf of its commercial Providers, via a paid distribution mandate, their offers according to several criteria such as schedules, fares, means of transport, prices according to the criteria defined by the users.

No other criteria such as ranking, remuneration or other criteria are used for the presentation of offers.

Reservations are made directly with the Providers with whom the user concludes a transportation contract via our platform.

Payment is made via our secure online payment platform.

The sale and the management of these orders being exclusively ensured by the latter, the conditions of presentation of the offers and their update are made under their only responsibility and with the conditions presented on their own sites.

To make a reservation, the User must be of legal age, legally capable of contracting and using this Site in accordance with these General Conditions.

The User assumes full financial responsibility for the use of the Site made both in his name and on behalf of third parties, including minors.

The User is responsible for the truthfulness and accuracy of the information he/she provides on the Site, whether for him/her or for a third party.

In case of fraudulent use of the booking service of this website or in case of violation of these Terms and Conditions, LIVA.COM may refuse to allow the User to access the Services offered on the website at any time.

External Links

The website may contain hyperlinks to websites and resources owned and operated by third parties. These third parties have their own terms of use and privacy policies which you will need to comply with if you access such third party sites.

Therefore, we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage caused or alleged to be caused by on such external sites or resources.

We do not endorse, third party links, including advertisements, or associated with any linked website.

Placing an Order

It is the User's responsibility to ensure that the information (identity, email address, postal address, etc.) provided when placing your Order is correct, and to inform LIVA.COM immediately of any need for change in order to ensure the smooth running of the service and its follow-up.

After validation of the Order, the User will receive a confirmation of the Order by e-mail at the address indicated by him/her at the time of the Order. If no confirmation has been received, the User is invited to contact LIVA.COM by using the “Support” section of his inbox after checking the “Junk” section.

When you make a booking via this Website, the contract will be between the Travel Supplier(s) and you. LIVA.COM is therefore not a party to the contractual relationship in relation to the products and services you order on our Website, unless explicitly provided otherwise herein.

Travel advisory – Visa and other requirements
We recommend you to check visas regulations and other requirement before making your reservation.

We advise passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.

LIVA.COM can under no circumstances be held liable for any incidents occurring during the services of a third parties. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take out appropriate personal travel insurance.

Order Cancellation / Modification
Your ability to cancel or modify a booked travel product or service, and the method for doing so, will depend on the specific rules or other Travel Supplier's terms and conditions and additonnaly Liva Dot Com (Asia) office hours. Monday to Friday from 08am - 12am and  Saturday/ Sunday 10am - 07pm if the Cancelation / Modification request is send by email, phone, chat or sms. 

Please note that some Services cannot be cancelled or modified. You will be informed of this before your Order is confirmed.

In any case, LIVA.COM will retain a cancellation fee according to operators terms, mentioned on the respective trip detail page.
In any case, LIVA.COM will retain a modification fee according to operators terms for the first amendment, mentioned on the respective trip detail page, any supplemental amendments request will be charged 200 (two hundred) THB per operator by Liva Dot Com (Asia) In any case, Operator amendment and refund conditions are according to the original booking date or the new booking date in the event of a amendment to a earlier date. In any case, online payment fees / credit card processor fees are non refundable.

 

Delivery e-ticket

Unless otherwise specified in the Specific Conditions, tickets and/or travel documents issued for a Service ordered on the Site are sent electronically to the e-mail address indicated by the User at the time of the Order and stored in the User's personal space on the Site.

Depending on the Service Provider providing the transportation service, the User should refer to the special conditions of the Service Provider prior to the Transportation, the User may be required either to present a paper version of the e-ticket or to exchange the e-ticket for a ticket issued by the Service Provider in accordance with the conditions indicated by the Service Provider.

Evidence

It is expressly agreed that the data stored in the information system of LIVA.COM and/or its Providers, in particular in the electronic messaging tools used by LIVA.COM, or in the e-ticketing systems, have evidentiary value with respect to the Orders placed and the performance of the parties' obligations.

Data stored by LIVA.COM on computer or electronic media shall constitute evidence and may be validly produced as evidence in any legal proceedings.

Passenger transportation services

LIVA.COM offers passenger transportation reservation services in the name and on behalf of its Providers.

LIVA.COM has no economic control over its service providers and does not organize any transportation or journey itself.

The validation of the order implies the acceptance of the General Terms and Conditions of the selected Provider.

Thus, the exchange and cancellation conditions are associated with the chosen Provider and with the chosen fare and may result in the withholding of certain fees or even the entire amount of your ticket.

These conditions are determined by the carrier and not by LIVA.COM.

E-Ticket conditions

All tickets sold by LIVA.COM are only offered as e-tickets.

Depending on the Provider's terms and conditions, the User must either print out the e-ticket, present it in electronic form or convert it into a ticket of the Provider before the trip.

The e-ticket is personal, individual and non-transferable. During checks, the passenger in whose name the e-ticket is issued must be able to present a valid photo ID: either an ID card, a passport or a residence permit.

Failure to comply with any of the above rules will render the e-ticket invalid.

The online reservation service is subject to the following steps:
1) Choice of route, vehicles, dates.
2) Enter the name, first name, date of birth of each passenger.
3) Payment of the order. LIVA.COM is responsible for the payment of the order. LIVA.COM is responsible for the billing.
4) Printing of the e-ticket confirmation. Your e-ticket is stored in your personal space on the website and you can access it at any time using the login and password you received when you created your personal space on the website.

The printing of the e-ticket is the sole responsibility of the User, who must check that he or she is able to produce a document that meets the expectations of each Provider.

Financial conditions of services

Prices and taxes
The descriptions of the Services presented on the Site specify, for each Service, the elements included in the price. Any applicable taxes for the service purchase by the User are included in the final purchase Price. Prices are indicated in Thai Baths (THB).

Payment
The payment is made to LIVA.COM in the name and on behalf of its Providers. Payment shall be made via the secure online payment platform provided by the Website.

If the payment is incomplete or irregular for a reason for which the User is responsible, the sale of the Service will be cancelled.

Unless mentioned otherwise, natural park fee, island fee, entrance fee and etc. are generally not included in the price.

Credit card fees
Regardless of the operation of the Site, the User may be charged additional fees by his banking institution for international transactions.

These additional fees will not appear in the summary of the payment made on the site and the User should contact his bank to find out the provisions of his contract in this regard.

Billing
LIVA.COM will bill you for the services to book on the Website, including the services provided by the Providers.

Online payment fees
Direct booking of transportation and travel services on our website can only be made using the payment method provided.

We are authorized to collect payments on behalf of each of the relevant Third Party Providers. When you pay for a reservation by credit card, you expressly consent to the collection of fees for the applicable travel service, including the specified reservation fee, from that credit card by our fulfillment partner or payment service provider.

If you choose to pay via PayPal or online transfer (if available), you will authorize the payment yourself. Online Payment are none refundable.

Insurance

No insurance is included in the prices offered on the Site. The insurance of the carriers is included in the transport service. Please contact the carriers in case of complaints.

Therefore, LIVA.COM recommends you to take out an insurance policy to cover the consequences of certain cancellations and an assistance policy to cover certain special risks, in particular repatriation costs in the event of accident or illness.

Information & claims

Any request for information, clarification, order tracking or any claim should be addressed to the Customer Service of LIVA.COM, through the communication channels present on the Liva.com website (chat, tickets, phone, email).

Following the Consumer Protection Act B.E. 2522 as amended by the Act B.E. 2553, the consumer can submit the complaint at the Office of the Consumer Protection Board Consumer board of Thailand.

In case the consumer is unable to submit the complaint by himself/herself, he/she can provide the officer with the power of attorney to assign a person to make the complaint on his/her behalf.

Intellectual Property Rights

1) All intellectual property rights (which includes rights such as copyright, and rights in trademarks) in any content of the website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us and/or our licensors.

Nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the website If you print off, copy or store pages from the website (only as permitted by these Terms and Conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

2) In terms of our ownership and proprietary rights, this website is owned and operated by Liva.com. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the website (“Materials”) provided by Liva.com are protected by intellectual property and other laws.

You warrant that it is legal for you to view this website in the jurisdiction to which you are subject.
You are responsible for compliance with all laws of that jurisdiction, in viewing or using the content.

3) The download of any software offered on the Site must be preceded by the acceptance of the terms of the accompanying license. If the software is not accompanied by a license, the use of the software is only temporary and for the exclusive use of services related to the Website

Liability and guarantees

1) For the use of the website

LIVA.COM does not guarantee that the Website will function without errors, or anomalies.
LIVA.COM does not guarantee that its configuration will be compatible with all media or that there will be no interruption of service.
LIVA.COM shall not be liable for any foreseeable or unforeseeable damage, material or immaterial (including loss of profits or opportunities...) resulting from the use or total or partial impossibility of using the Site.

The User, by accepting the present General Conditions, declares to have checked the conditions of the computer configuration that he/she uses and to be aware of the characteristics and limits of the Internet, in particular its technical performance and the risks related to the security of communications.

The User hereby declares that he or she is an adult (at least 18 years of age) and has the legal capacity to be bound by this agreement and to use this Website in accordance with these T&Cs. liva.com expressly warns the User that by using the Website to make a booking, he/she is concluding a contract with payment obligations. Furthermore, the User declares that all information he or she provides to access this Website and while using it is true, complete and accurate, and he/she agrees to keep it updated.

This Website is solely and exclusively for the User's personal use. It may not be modified, reproduced, duplicated, copied, distributed, sold, resold or exploited for commercial or non-commercial purposes, except that you may print out copies of your travel itinerary for personal use, or forward your travel itinerary to a bona fide itinerary management company.

2) For liva.com services

The LIVA.COM services are designed to make the reservation and planning of your trip easier by providing you with the information and a clear comparison of the travel options presented.

The travel services themselves are not part of the LIVA.COM services but rather are part of a separate contract between you and the third party.

LIVA.COM acts as an intermediary or broker between the user and each third party. We are therefore not responsible for the travel service provided by the third party or the manner in which that travel service is provided.

LIVA.COM is therefore not a party to the contractual relationship in relation to the products and services you order on our Website, unless explicitly provided otherwise herein. Any queries or concerns relating to the product should be addressed to the Travel Supplier.

We provide mediation ressource.

LIVA.COM pays particular attention to the satisfaction of its Users and endeavors to pass on any negative feedback from its customers to its Providers.

However, LIVA.COM cannot be held responsible for the failure to provide or the improper provision of transportation services, which are the sole responsibility of the Provider.

Neither can it be held responsible for any non-performance or poor performance of all or part of the Services provided for in the contract, which would be attributable either to the unforeseeable and insurmountable act of a third party unrelated to the service, or to a case of force majeure or to the User himself.

LIVA.COM is not involved in the presentation or description of travel services on the websites of third-party providers. We are therefore not responsible for the content of third-party offers or any contracts concluded with third-party providers.

If we act as an intermediary for third-party offers, we assume no responsibility for the availability of services or travel connections at the time of booking (on the websites of third-party providers) or for the actual delivery and proper performance of the services booked with third parties. party providers.

Neither LIVA.COM nor our affiliates make any representations or warranties regarding the information, products, services or software provided on or contained within our website, particularly with respect to fitness for a particular purpose - unless expressly and individually agreed upon. with our users. Any warranty claims or claims for damages must be brought directly against the relevant third-party supplier.

3) Limitation of Liability

Our liability and that of our employees, legal representatives or agents shall be limited to willful intent and gross negligence. This limitation does not apply to injury to life, limb or health, breach of warranty, material breach of contract, i.e. obligations which are essential to the proper performance of the contract or to the completion of the contractual purpose or on whose observance the contractual partner can regularly rely.

In the event of a slightly negligent or simple breach of essential contractual obligations, LIVA.COM shall only be liable for typical and foreseeable damage.

4) Reception of the e-ticket

Except in the event of a malfunction of the Website for which LIVA.COM is responsible, LIVA.COM shall not be liable for any anomalies that may occur during the ordering, processing or printing of the Printed Ticket or e-ticket and that are attributable either to the unforeseeable and insurmountable act of a third party not involved in the service, or to a case of force majeure, or to the User himself.

Personal Data Protection

LIVA.COM uses cookies to enhance your experience on our website by identifying your preference, information, keep track of your bookings and purchases and facilitate site administration. If you prefer to refuse cookies, you may set your browser to prevent it from accepting cookies.

The processing of personal data and the free flow of the collected data by LIVA.COM is governed by the Thailand's Personal Data Protection Act BE 2562 (“PDPA”). It gives individuals rights over how their personal information is used and sets out rules for organizations that handle personal information.

The use made of personal data by LIVA.COM is detailed in the privacy policy always accessible on the Site under the heading off the same name to which the User may refer.

The data is only collected for the purpose of providing the services ordered after you have expressly agreed to provide them to us. Only the information strictly necessary for the validation of the order will be requested from you and it will be kept for a limited period of time consistent with the Service and the services provided. We undertake to provide you with clear and transparent information at all times and access to ensure it's modification or deletion.

Disclosure of information to third parties

Your personal information may be disclosed other third parties: in order to respond to your requests or inquiries; as part of a reservation or where those parties handle information on our behalf.

Personal information may also be disclosed to law enforcement, regulatory or other government agencies, or to other third parties, in each case to comply with legal, regulatory, or national security obligations or requests.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by, and construed in accordance with the laws of the Kingdom of Thailand.

Final provisions

If one of the clauses of the present contract should be declared null and void, it shall be deemed unwritten, without affecting the validity of the other provisions, except if the provision declared null and void was essential and determining.