Last Updated : 3/27/2014 11:09:07 AM
Important Notice – Please read carefully:
 
This Agreement on the Terms of Use (hereinafter referred to as “Agreement” or “Terms”) is a legal agreement between you and Diethelm Travel (Thailand) Limited (hereinafter referred to as ‘DIETHELM TRAVEL’, or “we”, “us” or “our”) providing among other things, the terms and conditions for your use of our website (hereinafter referred to as “Website”).
 
If you reside in a country within the EU, the Terms shall form an agreement between you and Diethelm Travel Holdings AG. Under such an agreement, goods/services will be delivered via Diethelm Travel Holdings AG as an agent of Diethelm Travel (Thailand) Limited or by Diethelm Travel (Thailand) Limited depending on the type of payment method used for the purchase of goods/services. If you reside in any other country, then the Terms shall form an agreement between you and Diethelm Travel (Thailand) Limited and goods/services will be delivered by Diethelm Travel (Thailand) Limited directly.
 
By accessing or using our Website, you signify your agreement to the Terms as set forth below and you agree to be bound by the Terms, either in your own capacity or on behalf of any entity you are authorized to represent, without any reservations, modifications, additions, or deletions. This Agreement may be amended without notice at the sole discretion of DIETHELM TRAVEL. You shall be deemed to have accepted this Agreement as amended if you continue to use this Website after any such amendments are posted on the Website.

1. Authorised Use: This Website is provided by DIETHELM TRAVEL and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use this Website.

2. Scope of Agreement: This Agreement shall govern your use of the Website and all applications, software, and services (hereinafter referred to collectively as the "Services") available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you on the Website. Such specific terms of agreement(s) shall hereinafter be referred to as "Service Agreement(s)". Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

3. Ownership and License to use: The Website is owned by DIETHELM TRAVEL and is protected by any applicable copyright laws and international treaty provisions. Any and all intellectual property rights (hereinafter referred to as the "Intellectual Property") associated with the Website and its contents (hereinafter referred to as the "Content") are the sole property of DIETHELM TRAVEL, its affiliates or third parties.

The Content is protected by copyright and other laws in both Thailand and other countries. Elements of the Website are also protected by laws on trade secret, trade dress, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (hereinafter referred to as "Marks") of DIETHELM TRAVEL, its affiliates or other entities that have granted DIETHELM TRAVEL the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of DIETHELM TRAVEL. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property or the Content in any way without DIETHELM TRAVEL's or the appropriate third party's prior written permission. Except as expressly provided herein, DIETHELM TRAVEL does not grant to you any express or implied rights to DIETHELM TRAVEL's or any third party's intellectual property. DIETHELM TRAVEL grants you a limited, personal, non-exclusive, non-transferable, non-commercial, non-sublicensable, revocable license to: (a) access and use only the Website, Content and Services only in the manner presented by DIETHELM TRAVEL; and (b) access and use the DIETHELM TRAVEL computer and network services offered within the Website (hereinafter referred to as the "Systems") only in the manner expressly permitted by DIETHELM TRAVEL. Except for this limited license, DIETHELM TRAVEL does not convey any interest in or to the Systems, information or data available via the Systems (hereinafter referred to as the "Information"), Content, Services, Website or any other DIETHELM TRAVEL’s property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, retransmitted in any form or by any means, resold or redistributed without the prior written consent of DIETHELM TRAVEL.

You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by DIETHELM TRAVEL. You agree that DIETHELM TRAVEL, in its sole discretion, may terminate or suspend your use of the Website, the Systems, Information, Services and Content at any time and for any or for no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately: (a) discontinue use of the Website; and (b) destroy any copies you have made of any portion of the Content. Accessing the Website, the Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that DIETHELM TRAVEL shall not be liable to you or any third party for any termination or suspension of your access to the Website, the Systems, Information and/or the Services.

4. Prohibited Acts: By using this Website, you represent, warrant and covenant that:

(a) You shall not disguise the origin of information transmitted through the Website;
(b) You shall not place false or misleading information on the Website;
(c) You shall not use or access any service, information, application or software available via the Website in a manner not expressly permitted by DIETHELM TRAVEL;
(d) You shall not engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen-scraping, database-scraping, or any other activity with the purpose of obtaining list of users or other information, or sending chain letters or creating pyramid or Ponzi schemes via the Website;
(e) You shall not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes any other person’s intellectual property rights;
(f) You shall not access certain areas of the Website which are restricted;
(g) You may not use or access the Website or the Systems or Services in any way that, in DIETHELM TRAVEL's judgment, adversely affects the performance or function of the Systems, Services or the Website or interferes with the ability of authorized parties to access the Systems, Services or the Website; and
(h) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of DIETHELM TRAVEL.

5. Linked Sites: The Website may contain links to third-party websites and resources (hereinafter referred to collectively as the "Linked Sites"). These Linked Sites are provided solely for your convenience and not as an endorsement by DIETHELM TRAVEL of the content on such Linked Sites. DIETHELM TRAVEL makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site.

DIETHELM TRAVEL is not responsible for the availability of the Linked Sites or the content, products or activities of such Linked Sites. If you decide to access any Linked Sites, you shall do so at your own risk. In addition, your use of any Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy. Linking to any page of the Website other than to http://www.diethelmtravel.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with DIETHELM TRAVEL. Any website or other device that links to http://www.diethelmtravel.com or any page available therein is prohibited from: (a) replicating Content; (b) using a browser or border environment around the Content; (c) implying in any fashion that DIETHELM TRAVEL or any of its affiliates are endorsing it or its products; (d) misrepresenting any state of facts, including its relationship with DIETHELM TRAVEL or any of its affiliates; (e) presenting false information about DIETHELM TRAVEL products or services; and (f) using any logo or mark owned by DIETHELM TRAVEL or any of its affiliates without express written permission from DIETHELM TRAVEL.

6. Disclaimer: The Website, the Systems, the Information, the Services and the Content are provided to you on an "as is” basis. DIETHELM TRAVEL makes no representations about the results to be obtained from using the Website. Any use of this Website shall be at your own risk. DIETHELM TRAVEL, its licensors, its partners, and its suppliers, to the fullest extent permitted by applicable law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

DIETHELM TRAVEL and its affiliates, licensors, partners and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the Content, Information or Services provided on or through the use of the Website or the Systems. No information obtained by you from the Website shall create any warranty not expressly stated by DIETHELM TRAVEL in these Terms. If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by the provisions of this clause. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these Terms are fair and reasonable.

7. Limitation of Liability: To the extent permitted by applicable law and to the extent that DIETHELM TRAVEL is otherwise found responsible for any damages, DIETHELM TRAVEL is responsible for actual damages only. To the extent permitted by applicable law, in no event shall DIETHELM TRAVEL, its affiliates, licensors, partners, suppliers or any third parties mentioned at the Website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website, Systems, Information, Services or Content whether based on warranty, contract, tort, delict or any other legal theory, and whether or not DIETHELM TRAVEL is advised of the possibility of such damages. To the extent permitted by applicable law, the remedies stated for you in these Terms are exclusive and are limited to those expressly provided for in these Terms.

8. Jurisdiction and governing law: To the extent permitted by applicable law, you hereby expressly agree that any proceeding arising out of or relating to your use of the Website, Systems, Information, Services or Content shall be instituted in a court of justice in the Kingdom of Thailand and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. To the fullest extent permitted by applicable law, these Terms shall be governed by the laws of the Kingdom of Thailand.

9. General: You may not assign these Terms or any of your interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. To the fullest extent permitted by applicable law, the controlling language for these Terms is English. Any translation may have been provided for your convenience, and you may view the English language version by: (a) returning to the home page for the country that you have selected; (b) selecting the English link at the top of the page; and (c) then clicking on the link to the ‘Terms of Use’ located at the bottom of the page. You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
 

Tickets and fares – terms and conditions
 
1. Fares and Availability

Fares quoted normally include all taxes, except where taxes are collected locally.
DIETHELM RAIL endeavors to keep its Website and access to its related databases available at all times. However, for technical reasons, permanent access to the website services may not be considered a right.
While DIETHELM RAIL has taken every effort to ensure that the information contained within the website is correct at the time of going live, DIETHELM RAIL cannot be held responsible for any errors and omissions or any information which may be incomplete, inaccurate or may have become out of date.
DIETHELM RAIL is not responsible for the availability and for the fares of the train tickets and rail passes. The information is provided directly from the European rail carriers and may be updated day to day.
DIETHELM RAIL encourages you to check for any itinerary or time changes before departure.

2. Payment
Payment Currency

The fares, taxes, fees and charges are payable in the currency of the country where the Rail ticket is issued and purchased, unless another currency is specified by the DIETHELM RAIL website.
 
Countries Used currency
Thailand THB
Myanmar THB
Cambodia THB

However, payments can be made conveniently with several currencies at check out with our secured payment gateway. Total amount can be converted and paid as AED (United Arab Emirates dirham), ARS (Argentine peso), AUD (Australian dollar), BRL (Brazilian real), CAD (Canadian dollar), CHF (Swiss franc), CLP (Chilean peso), CNY (Chinese Yuan), DKK (Danish krone), EGP (Egyptian pound), EUR (Euro), GBP (British pound), HKD (Hong Kong Dollar), IDR (Indonesian rupiah), INR (Indian rupee), JPY (Japanese yen), MAD (Moroccan dirham), MXN (Mexican peso), MYR (Malaysian ringgit), NOK (Norwegian krone), NZD (New Zealand dollar), RUB (Russian ruble), SAR (Saudi riyal), SEK (Swedish krona), SGD (Singapore dollar), THB (Thai baht), TWD (New Taiwan dollar), USD (United States dollar)  and VND (Vietnamese Dong). 
 
Bank and credit card fees:

You can make a booking and pay for your tickets online, provided you have a valid international credit such as: American Express, MasterCard, Visa and JCB cards.

Some banks and credit cards impose fees for international transactions. If you are making a booking with your credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed. Booking international travel may be considered to be an international transaction by the bank or card company. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please kindly contact your issuing bank.

For more information on credit card payment safety, see paragraph ’Security & Privacy’.
We kindly inform you that the refund policies will vary, depending on the payment methods chosen.
For more information about refund policies don’t hesitate to take a look below: 4. Confirmation, cancellation and refund.

Our payment methods:
Credit cards – Master, Visa and JCB.
 
3. Delivery

It is your responsibility to ensure that you receive your train tickets or passes within 7 business days after your order was made. If it is not the case, you must contact your Diethelm Rail office.
Click here to contact your local Diethelm Rail representative or partner.

4. Confirmation, cancellation and refund

Booking confirmation
Once you have checked your fare for your dates of travel, you can make a booking on the DIETHELM RAIL website, by giving the required passenger information, selecting the mode of payment and delivery, and clicking on “confirm”. You will then have a summary of your booking with a dedicated code (the booking ID), which you should note. You will also receive a confirmation by e-mail.

Booking on hold:

You can make a booking online, and choose the option to pay online within maximum 24 hours and sometimes less depending on carrier regulations for certain products (the price and the availability of your purchase might change).

Booking Cancellation

For any cancellation request, please contact your local Diethelm Rail representative or partner. Refund fees will apply according to the fare you booked (click on "Fares and conditions" of the products at the time of booking to read the after sales conditions, also printed on the ticket).

Click here to contact your local Diethelm Rail representative or partner.
Modification of your booking after you clicked the “CONFIRM” button on the payment page is not possible.

Refund Policy

General information: Refunds for any cancellation will be processed offline within the time frame allowed according to the product fare (click on "Fares and conditions" of the products at the time of booking to read the after sales conditions, also printed on the ticket).
  • Expired train tickets or rail passes are not refundable.
  • No refund can be made unless the pass or ticket can be produced (lost or stolen train tickets or rail passes cannot be refunded).
  • Passes, tickets, packages or reservations must not be removed from their ticket cover and must bear no evidence of having been tampered with in any way.
  • Handling fees and shipping fees are not refundable
  • Application for refunds must be submitted by the client to the local Diethelm Rail representative or partner where the rail pass, train ticket or reservation was issued and couriered to you. Click here to contact your local Diethelm Rail representative or partner.
  • No refund will be made in Europe for train tickets or rail passes issued by your local Diethelm Rail representative or partner.
  • No refund can be given on train tickets or rail passes purchased in Europe.
Additional specific conditions to Rail Passes: Rail Passes are refundable only if totally unused, un-validated and received in a timely manner for a refund. Partially used passes are not refundable.
The time frame for submitting a refund is as follows:
  • General case: within one year from issue date
  • BritRail Passes and Prague Excursion Pass: within six months from issue date.
All refunds are subject to a minimum cancellation fee. The cancellation fee is:
  • 15% for all passes
  • 10% for the Balkan FlexiPass
Additional specific conditions for Train Tickets:
  • Journey trains including Pass Holder fares (Night or Day) tickets.
  • Journey trains are inclusive tickets, combining the cost of the ticket and the mandatory reservation and are issued as one document.
  • Journey trains tickets are refundable based on the fare purchased (click on "Fares and conditions" of the products at the time of booking to read the after sales conditions, also printed on the ticket). Cancellation fees apply as mentioned in the fare you bought.
Tickets are refundable in these cases:
  • Before you leave your country: the unused ticket must be received by your local Diethelm Rail representative or partner at least 72 hours before the train departure date.
  • Once you are in Europe: ticket must be totally unused: must be stamped and endorsed by a railway official at the station of departure before the train departure date (the mention "not-used" and the date of cancellation must appear). You must obtain the unused mention on your ticket from the railway official at the departure train station. The tickets must be received by your local Diethelm Rail representative or partner within 2 months after the train departure date.
  • On certain services, Flexi fares could not be refunded when they are booked together with NON Flexi fares. In such cases the more restrictive condition will apply.
Open tickets and reservations:
  • Open tickets are open date tickets valid 2 month on a specific route as per the vias mentioned on the ticket.
  • Open tickets are refundable based on the fare purchased (click on "Fares and conditions" of the products at the time of booking to read the after sales conditions, also printed on the ticket). Cancellation fees apply as mentioned in the fare you bought (between 10 and 50% fees).
Tickets are refundable only if:
  • Totally unused point-to-point tickets received by your local Diethelm Rail representative or partner 72 hrs prior to the first date of validity are refundable.
  • Tickets received after the first day of validity are refundable only if stamped and endorsed by a railway official at the station of departure within the period of validity (the mention "not-used" and the date must appear). You must obtain the unused mention on your ticket from the railway official at the departure train station. These tickets are refundable up to one month from the last day of validity. Tickets submitted after the first day of validity, which have not been stamped as “not-used”, are not refundable.
BritRail Open Tickets are refundable only if totally unused (neither unstamped nor endorsed) and must be received by your local Diethelm Rail representative within 6 months from the date of issue.
15% cancellation fee applies
Roundtrip tickets that used one way is not refundable.

Sleepers and Couchettes:
For cancellations: Depending on the fare you purchased, some penalty may apply (see the condition on the board of fares).
  • Before you leave your country: the unused ticket must be received by your local Diethelm Rail office at least 72 hours (3 Business Days) before the train departure date.
  • Once you are in Europe: ticket must be stamped and endorsed by a railway official at the station of departure before the train departure date (the mention "not-used" and the date of cancellation must appear). You must obtain the unused mention on your ticket from the railway official at the departure train station. The tickets must be received by your local Diethelm Rail representative or partner within 2 months after the train departure date.
Tours/packages:
Once tour/package is confirmed, special refund conditions apply please check at the time of booking.

5. Liability

DIETHELM RAIL or its distributing company shall not be liable to any person for any damage whatsoever including any direct, indirect or consequential loss whatsoever which may arise from the use of this website or any of the information contained in this website or from any access to any other material on the internet via links from this website.

All bookings are accepted and all tickets are issued on the express condition that Diethelm Rail is not responsible nor liable for any loss (consequential or otherwise); damage (including, but not limited to, loss of, or damage to passengers’ belongings whatsoever; death, injury, delay, inconvenience or irregularity caused by, or arising from, or in connection with, any defect in any train travelled in; or through the negligence, willful misconduct, strikes, or other acts, defaults, or omissions of any railroad carrier.
  • Every booking accepted is subject to the conditions, tariffs and regulations imposed by the railroad carrier.
  • Travel insurance is recommended.
  • Travellers are responsible for ensuring that they have all necessary travel documents and visas.
 
Unless otherwise specified, the train ticket may not be transferred to third party or reproduced in any form whatsoever. DIETHELM RAIL reserves the right to take all appropriate measures if it learns of a fraudulent use or description of the train ticket.
To the extent permitted by law, any disputes arising from your use of this website or any information contained in it shall be governed by the laws of the French Republic, and brought up before any appropriate local jurisdiction of this country.