Terms of Service

1. Scope and acceptance

These Terms of Service ("Terms") govern your use of the website xplore-atv.com and any ATV tour or service offered by Xplore ATV Samui ("we", "us"). By using the Site or booking a tour, you agree to these Terms. If you do not agree, please do not use the Site or our services.

2. Use of the website

You may use the Site for personal, non-commercial purposes. You agree not to:

• Copy, scrape, or republish the Site or its content without written permission.
• Use the Site in a way that violates any law or infringes anyone's rights.
• Attempt to gain unauthorised access to the Site, its server, or any related systems.
• Introduce malware, viruses, or other harmful code.

3. Tour bookings and pricing

Most bookings are made via our partner GetYourGuide. The booking terms shown at checkout (price, inclusions, duration, cancellation policy) form part of the agreement. Prices are quoted in the currency shown and may include or exclude taxes and fees as displayed. We may also accept direct enquiries via WhatsApp, email, or phone; in that case the price and conditions are confirmed in writing before payment.

A tour is confirmed only once payment is received and we issue a confirmation. We reserve the right to refuse or cancel a booking that contains errors, suspected fraud, or that we cannot reasonably honour.

4. Cancellation, refunds, and rescheduling

If you booked through GetYourGuide, the cancellation rules shown on your voucher apply. For direct bookings:

• More than 24 hours before the tour: full refund or free reschedule.
• Less than 24 hours before the tour or no-show: non-refundable, but we will try to reschedule where possible.
• Tour cancelled by us (including for safety or weather reasons): full refund or free reschedule, at your choice.

Refunds are returned via the original payment method, typically within 5 to 10 business days.

5. Participation requirements and conduct

• Drivers must hold a valid driving licence and be at least 18 years old.
• Passengers must meet the minimum age and height stated on the tour page or at booking.
• Riders may not drive or be a passenger while under the influence of alcohol, drugs, or any substance that impairs judgement or reaction.
• Pregnant women and people with serious back, neck, heart, or musculoskeletal conditions should not participate. Please inform us at booking of any condition that may affect safety.
• You must follow guide instructions at all times. We may end a tour early without refund if a participant rides recklessly, endangers others, damages equipment, or refuses to follow safety rules.

6. Safety, waivers, and assumption of risk

ATV riding involves inherent risks of injury, including from off-road terrain, weather, mechanical failure, and human error. Before the tour you will be asked to read and sign a safety briefing and waiver. Helmets and safety gear are provided and must be worn at all times during the ride. By participating, you acknowledge and accept these risks to the extent permitted by law.

7. Weather and force majeure

Tours may be modified, shortened, or cancelled due to weather, road conditions, mechanical issues, government restrictions, natural disasters, or other circumstances beyond our reasonable control. Where we cancel, you are entitled to a full refund or free reschedule. We are not responsible for indirect costs (flights, hotels, taxis) caused by such cancellations.

8. Limitation of liability

To the maximum extent permitted by applicable law, our total liability for any claim arising out of or relating to the Site or a tour is limited to the amount you paid for the tour in question. We are not liable for indirect, incidental, consequential, or punitive damages, or for losses that were not reasonably foreseeable at the time of booking. Nothing in these Terms excludes liability for death, personal injury caused by our negligence, fraud, or any liability that cannot be excluded under applicable law.

9. Intellectual property

All content on the Site, including text, photographs, videos, logos, and the "Xplore ATV Samui" brand, is owned by us or our licensors and is protected by copyright and trademark law. You may not reproduce, distribute, or create derivative works without our prior written consent. Photos and videos taken on the tour may be used by us for marketing, with faces blurred or omitted on request.

10. Third-party links and services

The Site links to third-party services such as GetYourGuide, WhatsApp, Google Maps, and Google Fonts. We are not responsible for the content or practices of those services. Your interactions with them are governed by their own terms and privacy policies.

11. Consumer protection

If you are a consumer in the European Union, the United Kingdom, or another jurisdiction with mandatory consumer-protection rules, those rules apply in addition to (and prevail over) these Terms where they conflict. EU consumers may also access the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

Nothing in these Terms limits your statutory rights under California Civil Code §1668, the Thai Consumer Protection Act B.E. 2522, the Singapore Consumer Protection (Fair Trading) Act, or similar laws in your jurisdiction.

12. Governing law and disputes

These Terms are governed by the laws of the Kingdom of Thailand. Disputes that cannot be resolved amicably may be brought before the courts of Surat Thani Province, Thailand, without prejudice to any mandatory jurisdiction or consumer-protection rule that grants you the right to bring proceedings in your country of residence.

13. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. Continued use of the Site or services after a change means you accept the updated Terms. Material changes affecting active bookings will be communicated directly to affected customers.

14. Contact