1. IMPORTANT NOTICE
THESE TERMS FORM A BINDING CONTRACT THAT INCLUDES LIMITATIONS OF LIABILITY. THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE DISCLAIMER, RELEASE AND LIMITATION OF LIABILITY SECTIONS BELOW. PLEASE READ CAREFULLY.
2. Definitions
The terms “MT”, “we”, “us”, and “our” refer to Boogoo Music & Art Festival an affiliate company of “ Mstar (Asia) Co.,Ltd. 84/2 Moo 6, Tungsonghong, Laksi, Bangkok 10210 Thailand. The terms “Participant,” “you,” or “your” will apply to the party using the Services for themselves or booking for others, including but not limited to spouses, minors, and all other persons traveling under this contract, all of whom accept and agree to all the conditions either written here or which we may separately notify you of in writing.
3. Services
The services and the information that we offer through the www.themusicfest.com website, by telephone and otherwise (“Services”) are provided to assist you in researching and purchasing event tickets, accommodations, ground transportation or other third-party travel-related services (“Travel”) with us or travel Suppliers and other vendors.
4. Boogoo Music & Art festival
The Boogoo Music & Art festival package ticket (“BGPT”) includes all the Package and scheduled performances and activities in all venues, public areas, lodging properties described on the www.boogoomusicfest.com website.
5.Supplier
Third party suppliers (“Supplier”) mean air transportation, hotels, Campground, condominiums, performance venues, food vendor including but limited to pre- and post-Tour activity providers, adventure, and ground transportation companies.
6.Optional Service Fees
Optional service fees “Optional Service Fees” are all fees and charges you voluntarily incur for items which may include, but are not limited to travel protection insurance coverage, excursions, treatments, prepaid gratuities, requested changes and other optional purchases of products and services provided either by MT or third-party Suppliers.
7.Terms of Agreement
These terms and conditions of this Agreement located on our website www.boogoomusicfest.com as well as the terms in Supplier Terms and Conditions identified in your itinerary are incorporated by reference (collectively, the “Terms and Conditions” or “Terms”), govern your use of the Services. BY ACCESSING OR USING THE WEBSITE AND USING THE SERVICES, YOU ACCEPT THE TERMS WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SERVICES. You and we agree to conduct transactions electronically and to submit signatures via electronic means.
1. General: Thank you for choosing Boogoo Music & Art festival an affiliate company of Mstar (asia) co., ltd. Upon deposit and/or full payment of the ticket price by the “Participant(s)” named in the Reservation, MT agrees to provide the Services selected by you subject to these Boogoo Music & Art festival Terms and Conditions (“Agreement”). This Agreement shall be effective when your Tour Reservation is properly completed, all documents required are signed, and payments therein specified are received and accepted by MT. If MT does not receive your completed ticket package Reservation, MT cannot and will not include you on the Attendee list. Neither you, your representatives, nor your agent may modify, add, or delete any terms of this Agreement. You must be 18 years of age or older to register for this Music festival. Any Participant under the age of 18 must always be accompanied by a legal guardian or parent during the Tour, including but not limited to, any and all activities, events, and concerts conducted by MT.
2. Payments: Final payments must be received on or before 6:00pm Thailand Time on November 28, 2024 (any person that makes a reservation on/after November 28, 2024 must pay in full at the time they make their reservation – additional fees may apply). Credit card provided at the time of reservation for the ticket package and is the card on record for the reservation will be charged automatically for the remaining balance by 6:00pm Thailand Time on November 28, 2024. MT is not responsible for reservations when final payments are not received on time in which the cancellation policy, as stated herein, will take effect. DO NOT MAIL any payments. DO NOT EMAIL credit card information. A sign-up fee in the amount of $25.00 per person will be added to the reservation each time the room leader enters reservation information after 6:00pm Thailand Time on November 28, 2024. If final and full payment is not received by 6:00pm Thailand Time on November 28, 2024, reservations are subject to cancellation and deposits shall be forfeited. All reservations are made on a first come, first served basis.
3. Cancellation Policy: A 25% deposit is non-refundable for ticket, accommodation, activity, transportation, and potentially other properties as noted on the property descriptions as listed on www.boogoomusicfest.com . There is a $200.00 (TWO-HUNDRED DOLLAR AND NO CENTS) cancellation fee for all other units. All cancellations must be processed utilizing the online reservation system. Cancellation requests must be followed up electronically via email to [email protected] . A MT representative will confirm a written notice of cancellation within 7 working days. Some properties may not provide refunds or restrict the amount refunded as listed on www.boogoomusicfest.com property descriptions. No cancellation requests will be accepted by telephone. Contact [email protected] for questions. Deadline to cancel and confirm the cancellation must be respected. NO REFUNDS will be given if the written cancellation is received after 6:00pm Thailand Time on August 20, 2024. The cancellation policy will be in effect if payments are not received on time, or a written cancellation notice is not received by MT on or before the above date. MT is not responsible for incorrect email address, spam, or any other digital delays or malfunctions.
4. Recording, Photography, or Video Taping: Activities during the entire Boogoo Music & Art festival (or any MT event), including but not limited to, all scheduled performances and activities in all venues, public areas, lodging properties, and any location deemed necessary or appropriate for recording as determined by MT, photographing, or videotaping may be photographed and/or recorded conducted for future rebroadcast, advertising, or commercial purposes. By participating in said Tour and or entering any venues, activities, or areas related to the Tour, you are consenting to being recorded, photographed and/or videotaped without payment or remuneration of any kind and agree that usage confers no ownership rights upon you or any Participant. MT does not offer or provide any surveillance or security cameras, videotaping or recording for any security issue whatsoever. Further, any recording, photographs or videos of any nature are the sole property of MT and MT reserves the right to use any photograph/video taken at any event or during any Tour activity, without the express written permission of those included within the photograph/video. MT may use the photograph/video in publications or other media material produced, used or contracted by MT, including but not limited to brochures, invitations, books, newspapers, on-line marketing, magazines, television, blog content, websites, or other social media now or hereafter known for promotional and advertising purposes.
Participant hereby releases MT, its contractors, employees, officers, legal heirs, agents, representatives, and assigns from all liability for any claims by Participant, including any claims and demands ensuing from or in connection with the use of the photographs, digital images, social media communications, blog content, including any and all claims for libel and invasion of privacy. Participant also releases MT from any expectation of confidentiality for the use of said items.
(Any person that does not want to have their photo taken or distributed must contact [email protected] in writing of his/her intentions and include a photograph.)
5. Refundable Incidental/Damages Deposit: MT may require a credit card or other form of collateral at check-in to the music festival, and room or fees. Any such transaction for such fees will remain between you and the property management. Within two (2) hours of check-in to your unit, the occupants of the unit must complete and return the unit or room condition form, available at lodging check-in desk or from lodging personnel to the hotel property or condominium management. Before checking out, it is your responsibility to pay all incidental unit or room charges or any other fees directly to your lodge.
6. Checks will not be accepted as a payment method.
7. Collection Costs: Participant agrees to pay reasonable attorneys’ fees and other expenses incurred by MT in the collection of unpaid damages, insufficient or stopped checks, credit card reversal or misrepresentation or other losses or damages under this Agreement if such collection is deemed necessary by MT.
8. Occupancy: Prices are based on maximum occupancy. If your unit or room is not filled to maximum occupancy due to cancellations or inability to fill vacant space(s) the total lodging amount will be adjusted by $300 per vacancy in the reservation. Occupancy is based on size of lodging you choose. For example, a 2-bedroom condo sleeps six: 2 per bedroom and 2 on sleeper sofa in most cases or as noted on www.boogoomusicfest.com. Mstar (asia) co., ltd does not sell rooms above the maximum occupancy level as determined by the property management, owners or governing body of the property.
9. Names required for reservations: Room Leaders have until September 20, 2024, at 6:00pm Thailand Time to enter all roommate(s) names and information into the room reservation. After this date and time, any names added or changed by the room leader will incur a $25.00 per name change fee charged to the credit card on file for the room reservation. Room leader may make these changes with the $25.00 fee until October 20, 2024, at 6:00pm Thailand Time, the final payment date. After final payment date, changes will be accepted until 15 days prior to the start of the festival. A $25.00 per name change fee will apply. Any changes or additions made within 14 days of the start of the festival will be subject to $75.00 per person fee and applicable charges if adding people to previously unoccupied space in the reservation. There is a $75.00 fee charged to the credit card on file per name change required on site. There are NO REFUNDS for any roommates removed from the reservation following the final payment date.\
10. Roommate(s): Individuals that are not Boogoo Music & Art festival lodging package paid Participants may not stay in your unit or room. Having people stay in your unit or room that are not Boogoo Music & Art festival lodging package paid Participants of the Tour will result in the eviction of you and all Participants in the unit or room from the Tour in its entirety. If evicted, you and all other Participants in that unit or room will not receive a refund for any portion of the Tour.
11. Limitation on Refunds: No refunds will be given for any unused portions of the Tour including, but not limited to, transportation, rentals, accommodations, activities, unused activity or concert/festival passes, or optional items. Travel Insurance is highly advised as a potential refund option. It is the responsibility of the Participant to purchase and fulfill all requirements and timelines to secure travel insurance. Boogoo Music & Art festival package provided transportation, accommodation and/or activities, venues, restaurants bars or other facilities. Furthermore, Boogoo Music & Art festival package provided transportation must be utilized for access to the airport and Boogoo Music & Art festival shows and entertainment in addition to the Boogoo Music & Art festival wristband. The Boogoo Music & Art festival package inclusions cannot be replaced by another product or like products nor receive a trade or value for replacing any such inclusion and/or product. The Boogoo Music & Art festival provided parking pass(es) are mandatory to utilize transportation for Boogoo Music & Art festival shows. Refunds will not be issued for used any activity, ride and/or rental vouchers. MT STRONGLY RECOMMENDS THE PURCHASE OF COMPREHENSIVE TRAVEL INSURANCE PLANS. See details in the terms.
12. Flight Information: Airline and transfer restrictions are established by the third-party Supplier providing those services. Separate Supplier terms and conditions will apply to your reservation and purchase of Tour-related goods, services, and activities that you select. When making connecting flights, allow adequate time for delays or changes in scheduling. MT cannot and does not accept responsibility for a Participant’s failure to verify flight times and/or transfers with the airline. Third party Supplier agreements are strictly between you and your carrier, airline, or other third-party Supplier. You are responsible for the restrictions and any fees associated with them. We highly advise the purchase of comprehensive travel insurance for potential refunds and/or additional travel cost incurred by a participant.
Participant authorizes MT to book a third-party hotel, condominium, or lodge to fulfill Participant’s travel requests. Participant ratifies MT’s actions on Participant’s behalf, including acceptance of such third party’s terms and conditions, which limit Participant’s rights, and Participant agrees to be bound by such actions. In the event of any inconsistency or ambiguity of terms, MT shall benefit from the most favorable term(s) in each instance.
MT is not responsible for any inconveniences or losses suffered by Participants resulting from changes in flight schedules, a Participant’s failure to board a flight for any reason, or the air carrier’s flight delay or flight cancellation, or for any other reason related to the Participant’s choice of flights causing the Participant to miss a portion or all of Boogoo Music & Art festival. MT highly suggests purchasing comprehensive travel insurance to potentially cover any loss.
13. Participant’s Conduct Policy: MT, law enforcement, and/or the property management reserve the right to deny any Participant’s stay in the accommodations or involvement in any activities or events at any time during the duration of the Tour caused by any, conduct, action, problem or issue associated with or caused by any Participant that may harm or interfere with the enjoyment of other Tour participants for any reason whatsoever. There will be no refunds of any deposits, fees or charges of any type if any part of the Conduct Policy is violated. The decision as to whether the Participant’s Conduct Policy has been violated is solely within the discretion of MT.
14. Travel Insurance: MT OFFERS ACCESS TO MANY PRODUCTS AND SERVICES TO ENHANCE EVERY TRAVEL EXPERIENCE. DP STRONGLY RECOMMENDS THE PURCHASE OF COMPREHENSIVE TRAVEL INSURANCE PLANS FOR, TOUR CANCELLATION PROTECTION, AIR TRAVEL, PERSONAL LIABILITY, LOST OR STOLEN LUGGAGE, INCLUDING BUT NOT LIMITED TO, ACCIDENTAL DEATH/DISMEMBERMENT, AND MEDICAL COVERAGE. TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF PARTICIPANT’S ITINERARY TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTIONS, CANCELLATION, CANCEL FOR ANY REASON, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM TOTAL FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. PARTICIPANT UNDERSTANDS AND AGREES THAT WHETHER PAYMENT IS BY CASH, CHECK, CREDIT CARD, PAYPAL, OR DEBIT CARD MT WILL NOT BE HELD FINANCIALLY LIABLE FOR THE FAILURE OF A TRAVEL SUPPLIER TO COMPLETELY PROVIDE THEIR SERVICES TO PARTICIPANT. Without appropriate travel insurance, Participant understands and agrees that if Participant cancels or interrupts Participant’s travel for any reason whatsoever, portions of the trip/tour may not be refunded and MT’s and travel Suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Participant’s Tour, all travel bookings, and related costs. PLEASE NOTE THAT MOST POLICIES HAVE A SPECIFIC CLAUSE STATING THEY DO NOT COVER EPIDEMICS AND PANDEMICS, ESPECIALLY WHEN TRAVEL WARNINGS ARE IN PLACE.
MT STRONGLY RECOMMENDS PARTICIPANTS PURCHASE THIRD-PARTY TRAVEL INSURANCE POLICIES DESIGNED TO COVER THE EXPENSE OF UP TO 14 DAYS OF QUARANTINING IN A NON-RESIDENT DESTINATION, PLUS THE COST OF ADDITIONAL TESTING AND POTENTIAL MEDICAL EXPENSES IF COVID-19 OR OTHER HEALTH TESTS ARE POSITIVE OR MEDICAL EVACUATION IS NECESSARY.
MT STRONGLY RECOMMENDS THAT YOU READ ANY TRAVEL INSURANCE POLICIES CAREFULLY AND IF YOU HAVE ANY QUESTIONS, TO CALL THE TRAVEL INSURANCE COMPANY FOR CLARIFICATION, SINCE THEY HAVE THE FINAL WORD ON WHAT IS COVERED BY A CLAIM AND WHAT IS NOT. Employees of MT are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for travel insurance selected. MT is not responsible for flight cancellations, lost or stolen luggage, incarceration, personal injury, including death, theft or losses of any nature.
15. Travel Disruption: Current travel conditions, including epidemics and pandemics such as the COVID-19 coronavirus, bird flus, SARS, and other reasons may interrupt or cancel the travel plans outlined in the itinerary by the Supplier(s) of your Tour, travel booking, a government entity, or a third party over which MT has no control. Furthermore, the Supplier’s own cancellation, rebooking, postponement, travel credit and refund policies, subject to any applicable law that is now or may later be in effect, will govern the rights and remedies for your travel booking, including any right to receive a refund. MT highly advises the purchase of comprehensive travel insurance including coverage for testing positive for any sickness whatsoever. MT will not provide any refund for cancellations of such nature and will suggest you seek refunds through your travel insurance provider that you purchased.
Participant also acknowledges there may be potential transportation issues, such as limitations of getting into or out of a destination or if traveling from abroad into or out of the Thailand, a variety of inconveniences on your trip such as taking temperature upon entry or exit of any travel component, mask wearing requirements, engaging in social distancing, the possibility of quarantine at a destination or upon return home, the requirement to provide proof of vaccination against COVID-19, requirement to provide a negative COVID-19 test or other test within a certain time period such as within 36 or 72 hours prior to arrival (home tests may not be accepted). Any expenses incurred related to illnesses, including COVID-19, bird flus, SARS are the Participant’s responsibility.
If Participant has any concern regarding transmittal of any infectious virus or bacteria whether airborne or not, do not sign-up, purchase or attend this Tour, any related Tour function or event. MT highly advises the purchase of comprehensive travel insurance including coverage for testing positive for any sickness whatsoever. MT will not provide any refund for cancellations of such nature and will suggest you seek refunds through your travel insurance provider that you purchased.
Moreover, should the Participant elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under these circumstances.
Each Participant agrees to hold MT harmless and release it for any and all liability for any damages, including but not limited to monetary losses incurred as a result of such interruption, postponement or cancellation of this travel booking.
16. Travel Documentation: Traveler(s) assumes sole responsibility to confirm all travel documentation requirements. For Traveler’s Health information, please see the Center for Disease Control from Thailand website. Other government programs, existing or to be implemented in the future, may be utilized and/or enforced without acknowledgment or known to MT and is the responsibility and expense of the Participant.
MT shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice.
17. Trip Agenda and Event Schedule: MT does not accept responsibility for your or any qualifying Substitute’s failure to verify travel, Tour dates, time and location of check-in, check-out, and times of all activities and events. Check-in procedures and information will be available online at www.themusicfest.com approximately thirty (30) days before the first date of the Tour unless otherwise noted. You may request a written version of the Tour Agenda and Events Schedule by calling or writing MT. MT is not responsible for loss, delay or mis-delivery of mail or for any incorrect information provided on your sign-up form. The Tour Agenda and Events Schedule will also be available at check- in. All Tour events and activities are subject to change without prior notice.
18. Additional Hotel or Condominium Charges: Some properties (condominiums or hotels) may charge a daily, weekly or valet fee for parking your vehicle. These fees are your sole responsibility. Some properties may not allow oversized vehicles or trailers including, but not limited to, motor homes, recreational vehicles, buses, and travel trailers, or may charge a fee to park such oversized vehicles. Any such fee is your sole responsibility. Additional fees may include, but not be limited to, bellman luggage fees and room Optional Service Fees. Any such fees are the sole responsibility of the Participant. Contact the property front desk or management for information regarding these or any other fees.
19. Entertainment Portion of Tour: MT is not responsible for the cancellation of, lack of seating capacity for, or the unavailability of, all or any part of the celebrity Entertainment Portion of the music festival. Events, activities, and entertainment packages are subject to change without prior notice. Events are held in both large and small capacity venues. Some venues may fill to capacity with only one-out-one-in access. MT will not refund any portion of the ticket price due to cancellations or unavailability of the Entertainment Portion of the music festival for any reason.
20. Website Errors: MT does not represent, warrant or guarantee that the website is free of pricing and description errors and/or changes. MT reserves the right to correct, change and charge for pricing errors, discrepancies and/or changes, if any, without prior notice.
21. MT NOT LIABLE: LIMITATION OF RESPONSIBILITY AND DISCLOSURE. PARTICIPANT ACKNOWLEDGES MT IS ACTING SOLELY AS AN AGENT FOR DISCLOSED PRINCIPAL SUPPLIER HOTELS, GROUND TRANSPORTATION, AND OTHER INDEPENDENT CONTRACTORS PROVIDING ACCOMMODATIONS, TRANSPORTATION, AND/OR OTHER SERVICES RELATED TO TOUR EVENTS AND ACTIVITIES (“SUPPLIER(S)”) AND IS NOT THE SOURCE OR PROVIDER OF THE TRAVEL COMPONENT. EACH OF THESE SUPPLIER COMPANIES IS AN INDEPENDENT ENTITY WITH ITS OWN MANAGEMENT AND IS NOT SUBJECT TO THE CONTROL OF MT. PARTICIPANT IS ADVISED THAT THE SUPPLIERS WHOSE NAMES APPEAR IN TOUR DOCUMENTATION ARE THOSE ACTUALLY RESPONSIBLE FOR PROVIDING THE PURCHASED SERVICE, AND CONSENTS TO THE USE OF THOSE SUPPLIERS, AND UNDERSTANDS AND AGREES EACH SUPPLIER’S TERMS AND CONDITIONS ARE CONTAINED IN PRINTED FORM AND ARE SET FORTH ON THEIR RESPECTIVE WEBSITES, WHICH GOVERN THE TRANSACTION. ALL BOOKINGS ARE ACCEPTED BY MT AS AGENT FOR THE DISCLOSED SUPPLIERS OF YOUR TOUR. THE TRANSPORTATION, ACCOMMODATIONS AND OTHER SERVICES PROVIDED BY THE IDENTIFIED SUPPLIERS OFFERED ARE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE TICKETS, EXCHANGE ORDERS OR VOUCHERS ISSUED BY THEM AND/OR THEIR SUPPLIERS, INCLUDING TERMS AND CONDITIONS ON THEIR RESPECTIVE WEBSITES. MT IS ONLY RESPONSIBLE FOR MAKING THE ARRANGEMENTS FOR ACCOMMODATIONS AND SERVICES WHICH CONSTITUTE THE TOUR, EXCEPT TO THE EXTENT THAT ACCOMMODATIONS OR SERVICES CANNOT BE SUPPLIED DUE TO REASONS BEYOND MT’s CONTROL.
MT IS NOT LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF ANY OF THE TRAVEL SUPPLIERS INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, THEIR ABILITY TO HONOR FUTURE TRAVEL CREDITS, BANKRUPTCY, CESSATION OF SERVICES AND OTHER MATTERS OUTSIDE OF MT’s CONTROL. EACH PARTICIPANT HEREBY RELEASES AND HOLDS HARMLESS MT FROM ANY AND ALL LIABILITY WITH RESPECT TO THE SAME.
MT IS NOT IN ANY WAY LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS ARISING OUT OF ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF ANY TRANSPORTATION ENTITY, INCLUDING BUT NOT LIMITED TO, ANY AIR CARRIER, MOTOR COACH COMPANY, HOTEL, CONDOMINIUM OR RESORT, ANY EMPLOYEE OR AGENT OR REPRESENTATIVE THEREOF, OR ANY PERSON OR ENTITY RENDERING ANY SERVICES OR ACCOMMODATIONS IN CONNECTION WITH THE TOUR. FURTHERMORE, MT IS NOT IN ANY WAY RESPONSIBLE FOR ANY INJURY, DAMAGE OR LOSS, THEFT, ACCIDENT, OR ANY LOSS WHILE TRAVELING TO AND FROM AND/OR WHILE ON THE TOUR, INCLUDING BUT NOT LIMITED TO, PARTICIPATION IN ANY EVENTS ON THE TOUR. MT IS NOT RESPONSIBLE FOR WEATHER CONDITIONS, INCLUDING BUT NOT LIMITED TO THE PRESENCE OR ABSENCE OF SUNSHINE, AND RAINFALL ARE NOT GUARANTEED TO OCCUR OR NOT OCCUR, AND ARE CLEARLY OUTSIDE OF DP’S CONTROL. NATURAL EVENTS MAY BE CHARACTERIZED AS AN “ADVERSE WEATHER CONDITION” OR A “NATURAL DISASTER” BY SUPPLIERS AND YOUR TRAVEL INSURANCE COMPANY, WHICH IS BEYOND THE CONTROL OF MT. MT RESERVES THE RIGHT TO CANCEL ANY TOUR EVENTS OR ACTIVITIES, OR ANY PART OF IT, AND TO MAKE SUCH ALTERATIONS IN THE TOUR EVENTS AND ACTIVITIES, AS IT DEEMS NECESSARY. MT SHALL NOT ASSUME ANY RESPONSIBILITY FOR ANY AIR AND/OR GROUND SCHEDULE CHANGES. REFUNDS WILL NOT BE GIVEN DUE TO INCLEMENT WEATHER.
PARTICIPANT HEREBY RELEASES AND HOLDS HARMLESS MT FROM ANY AND ALL LIABILITY WITH RESPECT TO THE SAME. MT RECEIVED ONLY COMMISSION AND FEES FOR TRAVEL ARRANGEMENTS. PARTICIPANT AGREES THAT ANY RECOVERY FROM MT WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY PARTICIPANT AND ACTUALLY RECEIVED BY MT AND RELATED TO THE TRAVEL BOOKING GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LOSS SHALL ALSO APPLY FOR ANY LOSS, ACCIDENT, INJURY OR DAMAGE SUFFERED BY THE INDIVIDUAL(S) WHILE TRAVELING RELATED TO THE TOUR BY REASON OF ANY ACT (INCLUDING WILLFUL, INTENTIONAL, OR CRIMINAL ACTS) OF ANY THIRD PARTY OR THE NEGLIGENCE OF ANY THIRD PARTY FOR WHICH MT HAS NO CONTROL.
If the original advertised Tour property becomes unavailable for any reason, MT reserves the right to substitute accommodations that are the same or similar to those initially represented. MT does not represent, warrant or guarantee that other accommodations will be made available. Participant assumes any and all liability when participating in any of the activities offered at MT or Boogoo Music & Art festival. All financial and legal obligations related to the music festival, which may be represented by single pass media, is the sole responsibility of Boogoo Music & Art festival. MT is not liable for any claims whatsoever for personal injury, illness, death, or damages of any other kind as a result of or caused by your participation on this ticket package or Your participation in any of the activities and/or events offered by Boogoo Music & Art festival,. Further, you fully understand that by participating in any of the activities offered by Boogoo Music & Art festival in connection with this festival, such are completely voluntary on your part. Further, you assume all risks and personal liability associated with all activities and/or events.
Participant declares that they do not suffer from mental, physical, or other conditions or disabilities which could preclude them from participation in the activities and/or events offered at Boogoo Music & Art festival. A qualified and physically able companion must accompany Participants who need such assistance. Further, Participant fully understands that taking prescribed and/or illicit drugs or drinking alcohol may impair reaction time, judgment, or general health and may impair the ability to participate in any of the activities and/or events. MT, /or Boogoo Music & Art festival reserve the right to deny anyone from participating in any of the scheduled activities and/or events due to the above. MT is not responsible for any accident or injury of any nature due to any Participant’s ingestion of prescription, illicit drugs and/or alcohol or any other substance.
22. SAFETY, HEALTH AND WELLNESS
MT is not responsible for your safety while participating in any of the activities or events on the festival ground. MT does not make any representation or warranty regarding safe conditions or environments of the Tour destination(s) booked through or by MT and that each Participant traveling through this booking has an independent obligation to determine whether any unsafe condition may exist that may adversely affect the trip.
MT has no special knowledge regarding unsafe conditions or other risks associated with such travel and the Participants traveling through this booking are reminded that such festival has inherent risks that are outside the control of MT.
MT has no special knowledge, assumes no responsibility and shall not be liable for the acts or omissions on the part of any other party not under MT’s control or any acts of God, unsafe conditions, terrorism, health hazard(s), such as pandemics, diseases, illnesses, weather hazards, or the suitability for a disabled person of any portion of any trip that the individual(s) traveling through this booking may experience or encounter through their visit to their intended Tour destination(s) as a result of their travels, and, consequently, MT does not make any representation or warranty regarding the health or wellness that such individuals may experience as result of their travels. Participant assumes full and complete responsibility for checking and verifying all required vaccinations for the intended destination(s) and all conditions regarding health and wellness issues that may be present or prevalent at the intended destination(s). If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking.
Required or advised inoculations you decide to obtain upon the advice of your personal physician, may need to be administered in a series of doses months ahead of your planned departure, and such time element should be taken into account by you.
Further, MT shall be held harmless and is not liable to you for any of the acts and/or omissions, liabilities, including claims, demands, losses, costs, damages and expenses (including reasonable attorneys’ fees) from you or any Substitute for any claims of other Participants, event guests or third parties arising out of or in connection with MT employees, its operations, actions, equipment, negligence, property damage and/or personal injury. Participants agree to adhere to all warnings and regulations stated by the Boogoo Music & Art festival and associated activities. MT STRONGLY RECOMMENDS THE PURCHASE OF COMPREHENSIVE TRAVEL INSURANCE PLANS. See details in the terms.
23. FORCE MAJEURE: “Force Majeure” means, in relation to MT , an unanticipated circumstance beyond the reasonable control of MT (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, insurrection, riot, strike, civil disturbance, requisition, sickness, epidemic, pandemic, quarantine, government intervention or order, weather conditions, defect in machinery or vehicle or other untoward occurrences). By way of example, the emergence and spread of COVID-19 in 2020 caused cancellations and other disruptions to reserved and scheduled travel and many other aspects of travel. Further impacts and other occurrences may take place.
If MT is affected by Force Majeure, it shall forthwith notify you of the nature and extent thereof. MT SHALL NOT BE DEEMED TO BE IN BREACH OF THE TERMS AND CONDITIONS OR OTHERWISE BE LIABLE TO YOU, FOR DELAY IN PERFORMANCE, OR BY NON-PERFORMANCE, OF ANY OF ITS OBLIGATIONS HEREUNDER TO THE EXTENT THAT ANY SUCH DELAY OR NON-PERFORMANCE WHETHER BY DP OR OTHER PERSONS OR ENTITIES OF OBLIGATIONS TO THE EXTENT IS DUE TO ANY FORCE MAJEURE.
If MT or any Supplier is affected by Force Majeure, an Act of God, COVID-19, Bird Flu, SARS, natural disaster, civil unrest, World-War, governmental restrictions or orders (“event”), they shall be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the Tour. Payment of any refund by MT to you as a result of the non-performance of any of MT’s obligations hereunder shall remain in its sole and absolute discretion. MT shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to MT of the event and applicable administrative and applicable cancellation fees.
NOTE: Every effort will be made to visit all sites mentioned in the itinerary, but due to the possibility of changes beyond our control, sightseeing is dependent on sites being open and available.
Regarding civil unrest, once MT has investigated the prevailing situation, as it deems fit, it shall remain in MT‘s sole and absolute discretion whether to proceed with your Tour. You may in such circumstances cancel the trip subject to MT’s and each Supplier’s terms and conditions.
24. INDEMNIFICATION: PARTICIPANT AGREES TO INDEMNIFY DP FROM THE CONSEQUENCES, IF ANY, OF ANY FAULT, CAUSATION, INTENTIONAL ACT, CRIMINAL ACTIVITY, CRIME, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENCE PER SE, BREACH OF DUTY, STATUTORY VIOLATION OR TORTIOUS CONDUCT ALLEGED ON THE PART OF MT, ITS AGENTS, SERVANTS EMPLOYEES, INCLUDING BUT NOT LIMITED TO, DICKSON PRODUCTIONS, INC. AND/OR JOHN DICKSON INDIVIDUALLY OR IN ANY OTHER CAPACITY SHOULD ANY INTENTIONAL ACT, CRIMINAL ACTIVITY, OR CRIME, BREACH OF DUTY, TORTIOUS CONDUCT, STATUTORY VIOLATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENCE PER SE, FAULT OR CAUSATION EVER BE ALLEGED OR PROVED AGAINST MSTAR (ASIA) CO., LTD. AND/OR BOOGOO MUSIC & ART FESTIVAL INDIVIDUALLY ARISING OUT OF OR BASED IN WHOLE OR IN PART ON THE MUSIC FESTIVAL TOUR AND/OR ANY ACTIVITIES CONDUCTED OR OFFERED DURING THE TOUR, INCLUDING TRAVEL TO AND FROM THE TOUR DESTINATION. THE INDEMNITY IS PAYABLE AND PERFORMABLE IN KHAO YAI, THAILAND. IT IS EXPRESSLY UNDERSTOOD THAT THE INDEMNITY AND HOLD HARMLESS AGREEMENTS PROVIDED FOR HEREIN ARE INTENDED TO INDEMNIFY AND HOLD HARMLESS MSTAR (ASIA) CO., LTD, AND/OR JAKAPUN VIWATKURKUL AND ALL DIRECTOR AND INDIVIDUALLY FOR THEIR LIABILITY OR NEGLIGENCE.
PARTICIPANT EXPRESSLY AGREES THAT THESE INDEMNITY PROVISIONS COMPLY IN ALL RESPECTS WITH WHAT IS COMMONLY REFERRED TO IN TEXAS LAW AS THE “EXPRESS NEGLIGENCE DOCTRINE” AND/OR RULE, AND THE PARTICIPANT EXPRESSLY AGREES NOT TO ASSERT LACK OF COMPLIANCE WITH THAT DOCTRINE OR RULE OR ANY OTHER DEFENSE TO THESE INDEMNITY PROVISIONS AS A DEFENSE TO ATTEMPTS TO ENFORCE THEM OR AS A BASIS FOR NOT COMPLYING WITH THEM.
25. Governing Law. These Terms and Conditions shall be interpreted and enforced in accordance with the laws of Thailand, without regard to any conflicts or choice of law principles and shall be as broad and inclusive as permitted by such laws. If any provision of this contract is held unenforceable by a court, such unenforceability shall not affect any other provision.
26. Venue: In the event of judicial action or proceedings of any kind or nature whatsoever arising out of or in connection with the Tour, MT and/or this Agreement, the parties agree that said action or proceedings shall be initiated and maintained only in the Thailand Court. Participant irrevocably submits to the exclusive venue and jurisdiction of such courts for any such action or proceedings. Participant hereby irrevocably waives their choice of venue and/or the defense of an inconvenient forum to the maintenance of such action. Participant hereby irrevocably consents to the service of any and all citation and/or process in any action or proceeding by regular mail to the address Participant provided to MT on the Reservation Agreement.
27. Enforcement: In the event that a judicial action or any proceeding shall occur, and representation is necessary to collect or enforce the Terms and Conditions of this Agreement the promoting party is entitled to the recovery of all costs and expenses of enforcement of the Terms and Conditions of this Agreement, including reasonable attorneys’ fees.
28. Reservation of Rights: MT reserves the right, in our sole discretion, to change these Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”) at any time, without prior notice. Updated versions of the Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”) will be posted here on this website and are effective immediately on posting. Please check frequently to see if these Terms changed. Use of the website after any changes to the Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”) constitutes your consent to the changes.
29. General: If any part of these Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”) is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”) (and any other terms and conditions referenced herein) constitute the entire agreement between the Participant and MT with respect to Tour bookings made with MT by any means accessing such information, including its website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Participant and MT with respect to communications with MT, including the Boogoo Music & Art festival website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these the Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
30. Additional Terms, Conditions, Releases, and Waivers of Liability: MT HAS SOLELY RECEIVED COMMISSION AND FEES FOR TRAVEL TRANSACTIONS AND PARTICIPANT AGREES AND UNDERSTANDS THAT ANY RECOVERY FROM DP WILL BE LIMITED TO THE COMMISSION AND FEES PAID BY PARTICIPANT AND ACTUALLY RECEIVED BY MT IN THE PAST TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. Additional terms, conditions, releases and/or waivers of liability may be requested by the Tour activity provider. Your agreement to such terms, conditions, releases and/or releases are at your discretion and do not affect or alter the Terms and Conditions of this Agreement between you and MT.
31. Electronic Communications: When you use any MT Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
32. Security and Privacy: If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”).
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any email messages, publishing, or otherwise making available any materials that are believed to violate these Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”). BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS DP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DP OR LAW ENFORCEMENT AUTHORITIES.
33. Copyright: All content contained on this website, including downloadable files, text, graphics, logos, button icons, images, audio clips, digital downloads, these Boogoo Music & Art festival Tour Terms and Conditions (“Agreement”) and data compilations is the exclusive property of Mstar (asia) Co., Ltd. and protected by Thailand and international copyright laws. No part may be reproduced or reused for any other purpose without due acknowledgement and advance permission of the copyright holder.
34. Design Marks: All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners, and all rights are reserved. Use of any of our trademarks, service marks or names as “metatags” on other websites is prohibited. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit any of the content contained in this website nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from this website or other sites owned and operated by Mstar (asia) Co., Ltd . without the express prior written permission of owner of such material (from whom you are solely responsible for obtaining permission) for any reason, and shall not acquire any ownership rights, nor create a database in electronic or manual form.
© 2021, 2022, 2023, 2024 All Rights Reserved, Boogoomusicfest.com