Rechtsdokument
Nutzungsbedingungen
Bedingungen für die Nutzung dieses Dienstes.
Zuletzt aktualisiert: 2026-10-12 · v3
Dieses Dokument ist nur auf Englisch verfügbar.
Version 1.0
Effective date: 12 October 2026
You can download, save and print these Terms. Earlier versions of the Terms, with the dates on which they applied, are available on request sent by e-mail to support@tripinthai.com.
These Terms exist in English only (§ 31).
In brief
This summary is here to make reading easier; the full rules are set out in the Terms below. If the summary and the Terms differ, the provision that is more favourable to the User applies.
TripInThai is a digital guide to Thailand: the tripinthai.com website and a mobile app with a map, place cards and the Planner. We are not a travel agency. We do not book anything and we do not sell travel services.
The Account is free. You can create one if you are at least 16 years old.
TripPass can be bought only by people who are at least 18 years old.
TripPass is access to additional features for 180 or 365 days, for which you pay once. TripPass does not renew automatically and we take no further payments. It starts as soon as your payment is confirmed. While your TripPass is running, you cannot buy another one; you can buy a new TripPass only after the current one has ended. We do not remind you before TripPass ends, by e-mail or in the App; TripPass simply expires and its end date is always visible in your Account.
What TripPass and the free Account include, and any limits, is shown on the Pricing Page. The scope that applied on the day you bought TripPass is recorded in your purchase confirmation.
TripPass is sold by Paddle, which is the seller (Merchant of Record) and handles payments. We supply TripPass and we are responsible for how it works.
TripPass is digital content, like access to an online library. It starts as soon as your payment is confirmed. Before you pay, you tick a separate box in which you agree to that immediate start and acknowledge that you thereby lose the right to withdraw from the contract. Once TripPass has started, you cannot withdraw from the contract and we do not refund the price because you have changed your mind.
There is one case in which you can still withdraw within 14 days: if we have not yet switched your TripPass on. We switch it on immediately after your payment is confirmed; if you withdraw before we do, we refund the entire price.
We still return money where the law or the Terms provide for it: if TripPass does not conform to the contract, if we change it materially to your disadvantage, if we end it early for reasons not attributable to you, or if you were charged twice or by mistake.
The Planner prepares travel plan proposals using artificial intelligence (AI) and can make mistakes. Information about places is indicative. Check visas, health, safety, opening hours and prices in official sources.
We handle complaints within 14 days of the day on which we receive them or, if you file a complaint about TripPass through Paddle, on which Paddle receives them. If you are a consumer, no reply within that time means that we have accepted the complaint.
You can delete your Account at any time. If you delete it while your TripPass is running, TripPass ends and we do not refund the price for the remaining days; we warn you about this clearly before you delete the Account. This also applies if you delete the Account within 14 days of buying TripPass. The only exception is a TripPass that we have not yet switched on: if you can still withdraw from it, we refund its entire price.
If we end the contract because you breached the Terms, TripPass ends and we do not refund the price for the remaining days. If we end the contract for reasons that are not attributable to you, we refund the price for the unused days.
Contact: support@tripinthai.com (help, complaints, withdrawals, reports) and privacy@tripinthai.com (personal data). We do not provide a telephone number. You can write to us in English or Polish, or in another language in which the Service is available.
§ 1. The Operator and contact details
The Service, that is, the tripinthai.com website and the TripInThai App, is operated by Tomasz Pietruszka, a natural person who is not registered as a business, address: Józefa Lompy 19/2, 50-308 Wrocław. This is also the address for correspondence and complaints.
The User can contact the Operator:
by e-mail at support@tripinthai.com – for help, complaints, statements of withdrawal from a contract, Reports and all other matters concerning the Service;
by e-mail at privacy@tripinthai.com – in matters concerning personal data;
in writing, at the Operator's address given in paragraph 1.
The Operator does not provide a telephone number.
The address support@tripinthai.com is the single point of contact within the meaning of Articles 11 and 12 DSA, intended both for Users and for the authorities of the Member States of the European Union, the European Commission and the European Board for Digital Services. Authorities can communicate with the point of contact in Polish or English. Users can send messages, complaints, statements of withdrawal and Reports in English or Polish, or in one of the other languages of the Service listed in § 31(1); the Operator replies in the language of the message and, where that is not possible, in English. The User can also choose any other means of communication indicated in paragraph 2.
E-mails from the Operator are sent from hello@tripinthai.com. The Operator asks that complaints, statements of withdrawal and Reports be sent to the addresses indicated in paragraph 2. If the User replies to an e-mail from the Operator, the Operator considers that reply, and the time limits provided for in the Terms run from the day on which the Operator receives it. Messages from Users are read and answered by a human; contact is not solely automated. Correspondence conducted by e-mail remains in the User's mailbox together with the date and time of sending, so the User can keep it on a Durable Medium.
- Verantwortlicher
- Tomasz Pietruszka
- Anschrift
- Józefa Lompy 19/2, 50-308 Wrocław
- Datenschutzkontakt
- privacy@tripinthai.com
§ 2. Definitions
Capitalised terms used in the Terms have the following meanings:
Account – the User's individual account in the Service, available after signing in, in which the User's settings, Favourites, Plans and information about TripPass are stored;
Account Agreement – the free-of-charge contract for the provision of the service of maintaining an Account, concluded between the User and the Operator for an indefinite period;
Activation – the enabling by the Operator of the TripPass Features on the User's Account after the TripPass Agreement has been concluded, in accordance with § 17(7);
App – the TripInThai mobile application for devices running iOS and Android, made available in the App Marketplaces;
App Marketplace – the App Store operated by Apple or Google Play operated by Google;
Consumer – a natural person who enters into a legal transaction with the Operator that is not directly related to that person's business or professional activity;
Content – information and materials made available in the Service by the Operator or its suppliers, in particular descriptions of places, photographs, maps, knowledge-base articles and Plan proposals prepared by the Planner; Content does not include User Content;
Custom Entry – an item added to a Plan by the User, for example a name, a place or a cost;
Durable Medium – a material or tool that enables the User to store information addressed personally to the User in a way that allows access to it in the future for a period adequate to the purposes of the information and that allows the stored information to be reproduced unchanged, in particular an e-mail message;
Entrepreneur with Consumer Rights – a natural person who concludes with the Operator a contract directly related to that person's business activity, where it follows from the content of the contract, including from a statement made under § 27(2), that the contract is not of a professional nature for that person, resulting in particular from the subject of the business activity that person carries on;
Favourites – places from the catalogue of the Service saved by the User in the Account or, before signing in, in the browser;
Free Features – the features of the Service available free of charge, as shown on the Pricing Page (Annex 4);
Guest Place – a paid entitlement bought by a TripPass Owner that allows one invited person to use the TripPass Features as a TripPass Guest until the end of the TripPass Owner's TripPass Period that is running at the time the entitlement is bought;
Operator – the person operating the Service, indicated in § 1 of the Terms; in the Privacy Policy the Operator appears as the Controller ("we");
Paddle – Paddle.com Market Limited, with its registered office in London (30 Old Bailey, London EC4M 7AU, United Kingdom, company number 08172165) and, for buyers from the United States, Paddle.com Inc., and for buyers from Canada, Paddle.com (Canada) Ltd; Paddle is the seller of TripPass (Merchant of Record) and accepts payments;
Plan – a travel plan saved in the Account, prepared by the Planner or by the User, together with Custom Entries;
Planner – a feature of the Service which, on the basis of parameters given by the User, automatically prepares a Plan proposal using an artificial intelligence (AI) model;
Pricing Page – the page of the Service on which the Operator shows the current prices of the TripPass Variants and Guest Places in the individual language versions and currencies, the current scope of the Free Features and of the TripPass Features together with any limits, and the purchase channels currently available;
Privacy Policy – the document informing about the processing of personal data and about cookies and similar technologies in the Service;
Refund Policy – Annex 3 to the Terms, also published as a separate page of the Service;
Report – information sent to the Operator by means of the "Report a problem" form or by e-mail, concerning an error in the Content or content that the person reporting considers to be illegal or contrary to the Terms, including a notice within the meaning of Article 16 DSA;
Returning-Customer Price – a reduced TripPass price offered, on the terms of § 18(4), to a User whose TripPass Period of a TripPass bought by that User ended no earlier than 30 days before the purchase;
Scout – a User admitted to the Scout Programme;
Scout Programme – a programme run by the Operator in which invited Users propose new places for the catalogue of the Service, on the terms of § 14 of the Terms;
Service – the Website and the App together;
Share Link – a unique internet address generated at the User's request for a Plan; any person who knows it can view the Plan without signing in;
Signed-out User – a User using the Service without being signed in to an Account;
Terms – these terms of service together with their annexes;
TripPass – digital content that is not supplied on a tangible medium: paid access to the TripPass Features for the TripPass Period, bought once, with no automatic renewal;
TripPass Agreement – the contract for the supply of digital content that is not supplied on a tangible medium, consisting in making the TripPass Features available for the TripPass Period, concluded between the User and the Operator; the provisions concerning the TripPass Agreement apply accordingly to the purchase of a Guest Place;
TripPass Features – the features of the Service available only during the TripPass Period, as shown on the Pricing Page (§ 16(2) and Annex 4);
TripPass Group – a TripPass Owner together with the TripPass Guests who have accepted that owner's invitations; the members of a TripPass Group share Favourites and Plans;
TripPass Guest – a User who has an Account, has accepted the invitation of a TripPass Owner and uses the TripPass Features under a Guest Place;
TripPass Owner – a User who has bought TripPass for their Account;
TripPass Period – the period of 180 or 365 full days (24-hour periods), depending on the Variant, during which the User has access to the TripPass Features; it is counted from Activation (§ 16(3) and § 17(7)); only one TripPass Period at a time can be paid for in an Account (§ 16(5));
TripPass Sale Agreement – the contract under which Paddle sells TripPass or a Guest Place to the User and accepts payment, concluded on the terms of the Paddle Buyer Terms;
User – any person using the Service, with or without an Account;
User Content – information entered into the Service by the User, in particular profile data, Plan names and Custom Entries, the content of Reports and materials submitted in the Scout Programme;
Variant – the type of TripPass: TripPass 180 (a TripPass Period of 180 days) or TripPass 365 (a TripPass Period of 365 days);
Website – the website available at https://tripinthai.com, together with its pages;
Withdrawal Function – the "Withdraw from the contract here" function, available in the Account, on the Website and in the App, by means of which a Consumer who has the right of withdrawal under § 19(4) submits a statement of withdrawal from the TripPass Agreement.
The abbreviations used in the Terms refer to the following legal acts:
Act on Combating Unfair Commercial Practices – the Polish Act of 23 August 2007 on combating unfair commercial practices (ustawa o przeciwdziałaniu nieuczciwym praktykom rynkowym);
Act on Consumer Rights – the Polish Act of 30 May 2014 on consumer rights (ustawa o prawach konsumenta);
Act on Copyright – the Polish Act of 4 February 1994 on copyright and related rights (ustawa o prawie autorskim i prawach pokrewnych);
Act on Price Information – the Polish Act of 9 May 2014 on information about the prices of goods and services (ustawa o informowaniu o cenach towarów i usług);
Act on Providing Services by Electronic Means – the Polish Act of 18 July 2002 on providing services by electronic means (ustawa o świadczeniu usług drogą elektroniczną);
Act on the Protection of Databases – the Polish Act of 27 July 2001 on the protection of databases (ustawa o ochronie baz danych);
Act on Travel Packages – the Polish Act of 24 November 2017 on package travel and linked travel arrangements (ustawa o imprezach turystycznych i powiązanych usługach turystycznych);
AI Act – Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act);
Civil Code – the Polish Act of 23 April 1964 – Civil Code (Kodeks cywilny);
Consumer Rights Directive – Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, as amended by Directive (EU) 2023/2673 of the European Parliament and of the Council;
DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Geo-blocking Regulation – Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market;
Polish Language Act – the Polish Act of 7 October 1999 on the Polish language (ustawa o języku polskim).
§ 3. Scope of the Terms and related documents
The Terms are the terms of provision of services by electronic means within the meaning of the Act on Providing Services by Electronic Means. They are also the standard terms of the Account Agreement and of the TripPass Agreement, and they contain the information that the Operator gives to Consumers before a contract is concluded.
The following documents are related to the Terms:
the Privacy Policy. It is information about the processing of personal data, not a contract, and it does not require acceptance. Its chapter 10 describes cookies and similar technologies;
the Refund Policy – part of the Terms (Annex 3), also published as a separate page of the Service;
the Pricing Page;
Paddle's terms for buyers (Paddle Buyer Terms), available at https://www.paddle.com/legal/buyer-terms, and Paddle's refund policy (Paddle Refund Policy), available at https://www.paddle.com/legal/refund-policy; they govern the TripPass Sale Agreement;
the terms of use of Google Maps and of YouTube, indicated in § 9(8) and (10);
the terms of the App Marketplaces referred to in § 24.
None of the documents listed in paragraph 2, including the terms of Paddle and of the App Marketplaces, limits the rights of a Consumer under mandatory provisions of law, including the provisions of the country of the Consumer's habitual residence. If those documents regulate a Consumer's rights against the Operator differently from the Terms, the provision more favourable to the Consumer applies.
The Terms are made available free of charge on the Website and in the App before a contract is concluded, in a form that allows them to be downloaded, stored and printed. Earlier versions of the Terms, with the dates on which they applied, are available on request sent by e-mail to support@tripinthai.com.
The Terms are accepted as follows:
when creating an Account, the User accepts the Terms by ticking a separate box that is not ticked by default; this also applies to creating an Account through Google or Apple, on the Website and in the App, including on the first sign-in that results in a new Account being created;
before buying TripPass or a Guest Place, the User accepts the Terms and the Refund Policy by ticking a separate box that is not ticked by default; a Consumer makes the statements referred to in § 19(2) by ticking a further separate box;
acceptance of the Terms does not cover the Privacy Policy, which the User reads, or marketing consents, which are voluntary and given separately;
the Operator records the date, the time and the version of the Terms accepted, and whether they were accepted on the Website or in the App.
The Operator does not apply a code of good practice within the meaning of the Act on Combating Unfair Commercial Practices.
Using the Website without an Account does not require acceptance of the Terms. The provisions of the Terms that concern services provided without an Account (§ 4(1)(1) and (5)) apply to those services, in particular § 8, § 9, § 11, § 13, § 15 and §§ 25–31.
§ 4. Services provided in the Service
The Operator provides only the following services in the Service:
making the Website available without an Account – a free service. The contract is concluded when the Website is opened and ends when the User leaves it. The features available without an Account, on the Website and in the App, are shown on the Pricing Page; they include viewing Plans shared by a Share Link and submitting Reports;
the Account (Account Agreement) – a free service, provided for an indefinite period on the terms of § 6 and § 7. It covers the Free Features shown on the Pricing Page;
TripPass (TripPass Agreement) – paid digital content that is not supplied on a tangible medium, made available for a fixed period of 180 or 365 days, on the terms of §§ 16–19;
Guest Places – a paid entitlement to the same digital content for an invited person, available only to a TripPass Owner, on the terms of § 18(5);
accepting Reports – a free service, available to everyone, including without an Account, on the terms of § 13. The contract is concluded when the Report is sent and ends when its handling is completed;
the newsletter and other commercial information – a free service, provided only after separate consent has been given, for an indefinite period, on the terms of § 26;
participation in the Scout Programme – only at the Operator's invitation, on the terms of § 14.
The Pricing Page is the single source of information about what the Free Features and the TripPass Features include at a given time and about any limits (Annex 4). The description of the services in the Terms and on the Pricing Page sets out the characteristics of the services agreed in the contract; for a TripPass that has been bought, these are the characteristics shown on the Pricing Page on the day of purchase and recorded in the purchase confirmation (§ 17(8)). Irrespective of this, the services meet the requirements of the Act on Consumer Rights, including that they correspond to the assurances that the Operator has made publicly, in particular in advertising, on the Pricing Page and in the App.
The provisions on conformity with the contract (§ 20) and on changes to services (§ 21) also apply to the Account.
The Service does not display advertising. Advertising may be introduced only in the Free Features, on the terms of § 21(1)(5) and (2). The Service does not display advertising in any part of the Service to Users during a TripPass Period, including TripPass Guests.
§ 5. Technical requirements, security and accessibility
To use the Service the User needs:
a device with internet access; the Website and the App do not work without an internet connection;
for the Website: a current version of the Chrome, Edge, Firefox or Safari browser (one of the two most recent major versions); for the App, where it is available in an App Marketplace: a device running iOS 16.4 or later or Android 7.0 or later;
JavaScript and the browser's local storage (localStorage) enabled in the browser; without them signing in and most features of the Website do not work;
to create an Account and sign in: an active e-mail address or a Google or Apple account;
to open a Plan PDF: a program for reading PDF files;
for features that use the location of the device: permission granted in the settings of the browser or of the device (§ 11(5)).
Using the internet involves risks. The Operator informs Users of the particular threats connected with using the Service:
third parties may impersonate the Operator in order to obtain a sign-in code by deception. The Operator never asks for a code by telephone, in a chat or by e-mail. A code is entered only on the Website or in the App;
on public Wi-Fi networks third parties may try to intercept the data sent. The Service uses an encrypted connection, but the Operator recommends using trusted networks;
malicious software installed on a device may capture sign-in data. The Operator recommends keeping the operating system and the browser up to date and using software that protects against malicious software;
the sign-in session is stored in the browser's storage. On a device used by other people, the User should sign out after finishing using the Service.
The Service stores on the User's device the information necessary for it to work, for example the sign-in session, the language chosen and Favourites saved before signing in. It runs analytics and marketing tools only after the User has given consent. The types and purpose of these technologies, the period for which information is stored and the way to change the settings are described in chapter 10 of the Privacy Policy. Using the Service, including buying TripPass and using the Planner, does not depend on consent to analytics or marketing technologies, and refusing such consent does not change the price or the scope of the services.
The Operator takes care that people with disabilities can use the Service. Places shown on the map are also available in a list view, with the name, region and description in text form. The Terms and the Privacy Policy are published as web pages that can be read with a screen reader and enlarged. Problems with the accessibility of the Service can be reported to support@tripinthai.com; the Operator replies to such reports within 14 days.
The Service applies technical safeguards and limits: the Account and the TripPass Features are available only after signing in, and the Planner, Reports and Guest Places are subject to the limits indicated in the Terms and on the Pricing Page. The Website and the App work in the same way on the same User's Account, subject to § 24.
§ 6. The Account: conclusion of the contract, signing in, age
An Account can be created and signed in to:
by giving an e-mail address and entering a one-time code sent to that address; the code is valid for the time indicated in the message (currently 10 minutes);
through Google (a Google account) or through Apple (an Apple ID), where that method is offered on the Website or in the App. When signing in through Apple, the User can hide their e-mail address; the Operator then receives an Apple relay address and sends messages to that address.
The Account Agreement is concluded after the Terms have been accepted, at the moment the correct code is entered for the first time or the User signs in through Google or Apple for the first time. Promptly after the Account Agreement is concluded, the Operator sends to the e-mail address assigned to the Account a confirmation of its conclusion together with the Terms in the version accepted by the User, in English, in a form that can be stored and printed.
Age and capacity to conclude contracts:
an Account can be created by a person who is at least 16 years old. When registering, the User declares that they meet this condition;
the Service is not directed at children under 13;
if the Operator obtains reliable information that an Account was created by a person under 16, it notifies the User of this by e-mail and sets a time limit of 7 days for an explanation. If within that time the User does not make it plausible that they are at least 16 years old, the Operator deletes the Account together with the related data, with the exception of data that it must keep under the law (chapter 11 of the Privacy Policy), and settles TripPass on the terms of point 6. A parent or guardian can report such a case to privacy@tripinthai.com;
TripPass and Guest Places can be bought only by people who are at least 18 years old. Before the purchase the User declares that they meet this condition;
if the law applicable to the User's capacity to perform legal acts, as a rule the law of the country of which the User is a national, provides for a later age of majority, for example 20 years in Thailand, a person who has not reached that age buys TripPass with the consent of their statutory representative, if that law requires it;
if TripPass or a Guest Place was bought by a person who, under point 4 or 5, could not buy it on their own and did not have the consent of their statutory representative, the statutory representative can refuse to confirm the contract by notifying the Operator at support@tripinthai.com. The Operator then orders a refund of the entire price within 14 days of receiving the notification and switches off the TripPass Features, without demanding payment for the period of use. The Operator proceeds in the same way when an Account is deleted under point 3.
The Account is personal and cannot be transferred to another person. One person can have one Account. The User protects access to their e-mail mailbox and to the Google and Apple accounts they use to sign in, and does not pass sign-in codes to other people. A person with whom the Operator terminated the Account Agreement with immediate effect under § 22(2)(2) can, before 12 months have passed since the termination, create a new Account only with the Operator's consent.
Changing the e-mail address assigned to the Account requires confirmation with a code sent to the new address, and the Operator sends a notification of the change to the previous address. The Operator notifies the User by e-mail when a new sign-in method is added to the Account.
The rules for processing personal data connected with the Account are described in chapters 4 and 5.1 of the Privacy Policy.
§ 7. Termination of the Account Agreement by the User and deletion of the Account
The User can at any time, at no cost and without giving a reason, terminate the Account Agreement with immediate effect by deleting the Account. The Account can be deleted:
in the Account settings on the Website;
in the Account settings in the App;
by sending a request by e-mail to support@tripinthai.com or privacy@tripinthai.com. If the request does not come from the address assigned to the Account, in particular where a hidden Apple address is used, the Operator sends to the address assigned to the Account a message asking for the request to be confirmed by a reply from that address or for the Account to be deleted in the Account settings.
Deletion of the Account is immediate and cannot be undone. The Operator confirms the deletion of the Account by e-mail.
Before the deletion of an Account on which a TripPass Period is running or a TripPass that has been bought awaits Activation, the Operator displays a clear warning stating the date and time of the end of the TripPass Period and informing the User that TripPass and Guest Places will end when the Account is deleted, that the price for the remaining days will not be refunded, also where the Account is deleted within 14 days of the purchase (paragraph 3), and that the entire price is refunded only for a TripPass or Guest Place whose supply has not yet begun, because the Operator has not yet switched it on, and from whose contract the Consumer can still withdraw (paragraph 4). Before the deletion of a TripPass Owner's Account, the Operator also informs the owner of the effects for the TripPass Group (paragraph 5). Before deleting the Account, the User can download their User Content on the terms of § 12(5) and save Plans in PDF format.
If, at the moment the Account is deleted, a TripPass Period is running, TripPass and Guest Places expire at the moment the Account is deleted and the Operator does not refund the price of TripPass or of Guest Places for the unused days, also where the Account is deleted within 14 days of the conclusion of the TripPass Agreement. This does not apply in the case referred to in paragraph 4 and does not limit the Consumer's rights under § 20, § 21(2) and (3) and § 30(3).
If a Consumer deletes the Account at a time when the Consumer has the right to withdraw from a TripPass Agreement or from a contract concerning a Guest Place under § 19(4), that is, within 14 days of its conclusion and before the supply under it has begun, the Operator, without a separate request, treats the deletion of the Account as a withdrawal from that contract and refunds the entire price paid under it, on the terms of § 19(4) and (6). This concerns only a TripPass that awaits Activation or a Guest Place that the Operator has not yet made available (§ 17(7)); it does not concern a TripPass whose TripPass Period is running. The deletion of the Account does not deprive the Consumer of rights in respect of a lack of conformity with the contract (§ 20).
The deletion of an Account has the following effects for the TripPass Group:
when the Account is deleted by the TripPass Owner, the Guest Places expire and the TripPass Guests lose access to the TripPass Features at the moment the Account is deleted; the price of the Guest Places is settled on the terms of paragraphs 3 and 4. The shared pool of the TripPass Group, including the Favourites and Plans added to it by TripPass Guests, is deleted together with the TripPass Owner's Account; Plans are not transferred to the Accounts of TripPass Guests;
when the Account is deleted by a TripPass Guest, the guest loses access to the TripPass Features and ceases to belong to the TripPass Group;
Favourites and Plans added by a TripPass Guest to the shared pool of the TripPass Group remain in the TripPass Owner's Account until the TripPass Owner deletes them or deletes the Account. In the warning referred to in paragraph 2, the Operator informs the TripPass Owner that the Plans of the whole TripPass Group will be deleted. A TripPass Guest can at any time save the Plans of the TripPass Group in PDF format.
A TripPass Guest can leave the TripPass Group at any time without deleting their Account.
Information about what happens to personal data after the Account is deleted, and for how long the Operator keeps some of them, is contained in chapter 11 of the Privacy Policy.
§ 8. Rules for using the Service
It is prohibited to supply content of an unlawful nature through the Service, including in User Content, in Reports and in invitations sent to TripPass Guests.
The User must not:
download Content automatically (scraping, robots, crawlers), including by direct calls to the application programming interfaces (APIs) of the Service, in a way that goes beyond ordinary use of the Service through a browser or the App; this prohibition does not apply to the indexing of the Website by internet search engines in accordance with the robots.txt file;
circumvent the safeguards of the Service, its limits, including the limits of the Planner, or the blocks of the TripPass Features;
make the sign-in data for the Account available to other people or enable them to use the Account independently on their own devices, other than through Guest Places, or resell access to the Service; browsing the Service together on the User's device with people the User is travelling with, and sharing Plans by a Share Link, are permitted;
disrupt the operation of the Service by introducing malicious software, deliberately overloading the Service or carrying out security tests without the Operator's consent;
impersonate another person, or send Reports that the User knows to be untrue or manifestly unfounded, or send Reports by means of automated tools;
enter into the Planner instructions intended to circumvent the safeguards of the artificial intelligence model or to obtain unlawful content from it;
send invitations for TripPass Guests to people with whom the User has not agreed beforehand that they will be invited, or use invitations to send commercial information or other unsolicited messages;
make available to third parties for payment, in particular to the User's own customers, Content to which the Operator holds the rights, including Plan PDFs, or publish it in whole or in a substantial part on other websites without the Operator's consent; sharing the User's own Plans and Plan PDFs with other people free of charge, including by a Share Link, and using Content within the limits of permitted use provided for in the law and in § 15(6), are permitted;
use Content to which the Operator holds the rights, or the databases of the Service, for text and data mining, including for training, testing, validating or fine-tuning artificial intelligence models, without the Operator's consent (§ 15(4));
decompile or modify the App other than in the cases permitted by the Act on Copyright (§ 15(3));
copy, download or save Google Maps content outside the Service to the extent not permitted by the Google Maps End User Additional Terms of Service, in particular in bulk or automatically, or otherwise breach those terms (§ 9(8)).
The consequences of a breach of paragraphs 1 and 2 are set out in § 22. The Operator applies measures proportionate to the gravity of the breach.
§ 9. Nature of the travel information, sources of the Content and order of results
The Content comes from the following sources:
the Operator's editorial team;
materials prepared with the use of artificial intelligence and verified by the Operator's editorial team before publication, and automatic translations of those materials (§ 10(7));
Google Maps Platform, including maps, information about places, photographs and ratings;
the official websites of places and institutions, including the Tourism Authority of Thailand;
Wikipedia, Wikimedia Commons, Openverse and other publicly available sources, including publicly available websites and photographs under Creative Commons licences and in the public domain;
proposals of places submitted in the Scout Programme and verified by the Operator's editorial team;
the Unsplash and Pexels services, under the licences of those services;
videos from YouTube and TikTok, embedded in the Service by means of the players of those services;
decorative graphics generated using artificial intelligence tools (§ 10(7)).
Information about places is indicative. Opening hours, availability, prices and admission rules change, often without notice, for example in the monsoon season, with the seasonal closures of national parks and during holidays. The Operator updates the Content periodically, not in real time. The marks $, $$ and $$$ indicate the relative price level of a given place compared with other places, not a specific price.
The Content is not legal, visa, medical or insurance advice. The Operator recommends checking information of key importance for a trip, in particular about visas and entry conditions, health and vaccinations, safety, local regulations and current opening hours and prices, in official sources, for example at a consulate, with the Thai authorities, with the carrier or with a travel medicine doctor. Before activities involving increased risk, for example diving, trekking or riding a scooter, the Operator recommends taking out appropriate insurance.
The Operator provides only digital content and digital services of an informational nature. It is not a tour operator, a travel agent or a trader facilitating linked travel arrangements within the meaning of the Act on Travel Packages. It does not sell, combine or book travel services, accommodation, transport or tickets, and it does not pass Users' data to traders providing travel services or to booking intermediaries. The places and entities described in the Service operate on their own terms. The Operator is not a party to the contracts that the User concludes with those entities and is not liable for their performance; this does not limit the Operator's liability for its own Content and services (paragraph 5). TripPass does not include any travel services.
The provisions of paragraphs 2 and 3 describe the nature of the Content. They do not limit the Operator's liability for the conformity of the Service and of TripPass with the contract (§ 20) or its liability on the terms of § 25.
The ratings of places displayed in the Service come from Google. The Operator does not verify them and does not check whether the people giving the ratings visited the place. The Service does not publish Users' reviews.
The map and the list view show the published places of the catalogue that match the filters chosen by the User: the name typed in the search, the category, the destination, the price level and, where the filter is available, the opening hours. The list view shows them starting with the most recently published. The "Near me" feature shows the places within the distance chosen by the User, starting with the nearest. Similar places on a place card are chosen, within the same destination, by how similar their catalogue descriptions are to that of the place viewed. In Plans, places are chosen only from the destinations given by the User and from places not marked in the catalogue as closed on the days concerned, and the Favourites selected by the User are included first. The other places in a Plan are chosen and arranged on the basis of the following main parameters, which are applied together, with no fixed order of importance between them:
the interests chosen by the User: places from the matching categories, or places whose catalogue description best matches the parameters of the trip, come first;
the pace chosen by the User, which determines how many places fit into one day;
depending on the version of the Planner in use at the time, either the date on which the place was published (more recently published places first), or the following: popularity signals of the place, including ratings from external sources; the travel preferences saved in the User's profile; the location of places in relation to one another, so that the places of one day lie close together; the time needed for a visit; and, where the User has given an amount for attractions, the admission price.
Some places and categories are available only with TripPass (§ 16(2)). Nobody pays the Operator for a place being included in the Service or for its position. The Service contains no paid placements or affiliate links.
The Service contains Google Maps features and content. Use of Google Maps features and content is subject to the current Google Maps End User Additional Terms of Service, available at https://maps.google.com/help/terms_maps/, and to the Google Privacy Policy, available at https://policies.google.com/privacy. On the Website, Google Maps is loaded as soon as a page containing a map is opened, without a separate click. In the App, the map is displayed using Apple Maps on devices running iOS and using the Google Maps SDK on devices running Android.
The Service contains links to the websites of third parties with which the Operator has no contract concerning the Service, for example to the official websites of places and institutions. The Operator is not responsible for the content of those websites. This provision does not limit the Operator's liability for the conformity of the Service and of TripPass with the contract (§ 20) or its liability on the terms of § 25.
The Service contains videos from YouTube, embedded by means of YouTube API Services. By using them, the User accepts the YouTube Terms of Service, available at https://www.youtube.com/t/terms. The processing of data by Google is described in the Google Privacy Policy, available at https://policies.google.com/privacy. Video thumbnails and players from YouTube are loaded from YouTube's servers only after the User has consented to "External content" (chapters 5.7 and 10 of the Privacy Policy).
§ 10. The Planner and other features that use artificial intelligence
The Planner automatically prepares a Plan proposal using an artificial intelligence (AI) model. The Operator currently uses the Claude model, developed by Anthropic and made available through the Amazon Bedrock service operated by Amazon Web Services, under a global inference profile, which means that a request may be processed in any region of Amazon Web Services. By using the Planner, the User uses an artificial intelligence system. The Operator informs Users of this in the Terms (this section and § 16(9)) and in the Privacy Policy (chapter 6). Plans and Plan PDFs are not separately labelled in the interface of the Service as prepared using artificial intelligence.
The User gives the Planner: the destinations, the dates of the trip, interests, the pace of sightseeing, a budget band and optionally an amount for attractions, the name of the Plan and selected Favourites; the permitted ranges (for example the number of destinations and the length of the trip) are shown in the Planner. The artificial intelligence model receives the parameters of the trip (dates, length, interests, pace, budget) and the list of places, including the saved places selected by the User. The model does not receive data identifying the User: it receives no e-mail address, no name and no Account identifier. Neither the name of the Plan entered by the User nor Custom Entries are sent to the model: for a Custom Entry the model receives only the information that a time slot on the given day is blocked, without the name, place or cost of the entry. The Planner selects only places from the catalogue of the Service, takes into account the information about those places recorded in the catalogue, including opening days and hours, and does not put in the Plan for a given day of the trip places marked in the catalogue as closed on that day. Plans do not contain visit times; the items of a Plan are assigned to a part of the day. When a day is generated again, the Planner also passes to the artificial intelligence model the places from the catalogue that are already in the Plan, so that the new proposal does not repeat places from other days, and the blocked time slots (chapter 6 of the Privacy Policy).
Every Plan proposal prepared by the Planner is created automatically, without verification by a human. A Plan is a proposal, not an offer or a booking. A Plan may contain errors, for example in estimated travel times or opening hours, or may include a place that is temporarily closed. Before the trip, the Operator recommends checking information of key importance in accordance with § 9(3).
Data about health or other specially protected personal data, and the personal data of other people, should not be entered in the name of a Plan or in Custom Entries.
Whether the Planner is available with a free Account or only with TripPass, and the limits that apply to it (for example the number of Plans or of repeated generations of a day), are shown on the Pricing Page.
A Plan is saved in the Account. The User can edit it, including by changing the order and the part of the day of items and by locking selected items, add Custom Entries, change the name of the Plan, export the Plan to PDF and share it by a Share Link (§ 12(3)).
Descriptions of places and knowledge-base articles are created with the use of artificial intelligence (AI); before publication they are approved by the Operator's editorial team, which is responsible for their content. The translations of that content into the other language versions of the Service are prepared automatically by an artificial intelligence model and are published without being checked by a human; they may contain inaccuracies, which can be reported on the terms of § 13. The decorative graphics of the Service, including backgrounds, category covers and Planner illustrations, are generated using artificial intelligence tools. The search for similar places (§ 11(6)) uses an artificial intelligence model made available through Amazon Bedrock, which processes only the Content of the catalogue, without Users' data.
The Operator does not use Users' data or content entered into the Planner to train artificial intelligence models. According to the assurances of Amazon Web Services, the developer of the model (Anthropic) does not receive those data, and Amazon Web Services does not use them to train models and – for the model used in the Planner – does not store them after the response has been generated (chapter 6 of the Privacy Policy). The Planner does not take decisions concerning the User that produce legal effects or similarly significantly affect the User (Article 22 GDPR).
The User can report inappropriate content generated by the Planner by e-mail to support@tripinthai.com. § 13 applies to such reports.
The provisions of paragraph 3 describe the nature of Plans. They do not limit the Operator's liability for the conformity of the Planner with the description in the Terms or for the conformity of the services with the contract. A Plan that, for a given day of the trip, includes a place marked in the catalogue of the Service as closed on that day does not conform to the description in paragraph 2.
Information about what data reach the artificial intelligence model, where they are processed and for how long they are stored is contained in chapter 6 of the Privacy Policy.
§ 11. Auxiliary tools
The currency calculator converts amounts according to indicative rates obtained from external providers of exchange-rate data and updated several times a day. The actual rate applied by a bank, a currency exchange office or a payment card issuer may differ. The calculator is not a payment service, a currency exchange office or financial advice.
The result of the "Where to go?" quiz is an indicative proposal of travel destinations. Who can use the quiz is shown on the Pricing Page. The result is calculated on the User's device and the last result is kept in the storage of the User's browser or of the App. The Operator does not save the answers of a Signed-out User on its server; if the User is signed in, part of the answers is saved in the profile as travel preferences, which the User can delete in the Account. If the User shares the result, the answers are contained in the address of the shared page and are visible to anyone who receives that address (chapter 5.8 of the Privacy Policy).
The User can use a Plan PDF for their own needs and share it free of charge with other people, in particular those with whom the User is planning the trip (§ 8(2)(8)).
The knowledge base contains informational articles about travelling in Thailand. § 9 applies to knowledge-base articles.
Features that use the location of the device are optional. The Service uses the location of the device only at the User's request: when displaying distances to places, in the "Near me" feature, when a Scout attaches coordinates to a proposal of a place and, if the User has enabled location in the profile or during onboarding, each time the map is opened (chapters 5.2(6) and 5.6 of the Privacy Policy). The Service uses location only after permission has been granted in the settings of the browser or of the device; in the App only in the "while using the app" mode. The position on the map and the distances are calculated on the User's device. In the "Near me" feature, the coordinates are sent to the Operator's server only in order to handle the query and are not saved. The permission can be switched off at any time in the settings of the browser or of the device. Coordinates attached by a Scout to a proposal of a place are saved on the terms of § 14.
A place card shows similar places; their number with the Free Features and with TripPass is shown on the Pricing Page.
§ 12. User Content and Share Links
The User can enter User Content into the Service, in particular profile data (for example a display name and a profile photograph), Plan names, Custom Entries, the content of Reports and, in the Scout Programme, descriptions and photographs of places. The User is responsible for the User Content being lawful and in accordance with § 8 and for it not infringing the rights of third parties.
The User grants the Operator a non-exclusive, royalty-free licence to use the User Content, without territorial restrictions, only to the extent needed to provide the services: storing it, reproducing it in the memory of servers and in backups, displaying it to the User, to the members of the User's TripPass Group and to the people to whom a Share Link was given by the User or by another member of the User's TripPass Group (paragraph 3), generating Plan PDFs, passing the parameters of a Plan and the places from the catalogue included in it to the Planner and to the supplier of the artificial intelligence model to the extent needed to prepare a Plan or to generate it again, also where this is requested by another member of the TripPass Group (§ 10(2)), and using the content of Reports to verify and correct the Content. The name of a Plan and Custom Entries are not passed to the artificial intelligence model. The licence expires when the given User Content or the Account is deleted, subject to paragraph 4, to the keeping of backups for the period indicated in the Privacy Policy and to the keeping of Reports and of the documentation of decisions to the extent and for the period resulting from the law or needed for defence against claims. The licence does not cover the right to grant further licences. The rules for using materials submitted in the Scout Programme are set out in § 14; the licence for materials accepted into the catalogue in the Scout Programme does not expire when the Account is deleted.
A member of a TripPass Group can generate a Share Link for a Plan from the pool of the TripPass Group, and a User outside a TripPass Group – for their own Plan. Anyone who knows the Share Link sees the name, the dates and the content of the Plan, without the e-mail address or the name of the User who created the Share Link. The address of the Share Link of a given Plan does not change. The interface of the Service has no switch for turning a Share Link off. The Operator switches a Share Link off at the request of the User who created it, or of another member of the TripPass Group to whose pool the Plan belongs, sent by e-mail to support@tripinthai.com. Otherwise a Share Link stops working when the Plan is deleted; a Plan from the pool of a TripPass Group can be deleted by any member of that group. The User decides to whom the Share Link is given. The Operator does not publish Plans in the Service, does not submit them for indexing and marks the pages of Share Links as not to be indexed by internet search engines.
Favourites and Plans are shared by the members of a TripPass Group. Content added by a TripPass Guest to the shared pool of the TripPass Group remains in the TripPass Owner's Account also after the TripPass Guest has left the TripPass Group. Custom Entries added by a member of a TripPass Group to a Plan created by another member of the TripPass Group remain in that Plan also after the Account of the member who added them has been deleted; to that extent the licence in paragraph 2 does not expire when the Account is deleted. The shared pool is deleted together with the TripPass Owner's Account (§ 7(5)). If a TripPass Guest's access has ended, the TripPass Guest can, within 30 days of the end of access, request by e-mail a copy of the Plans that the guest added to the shared pool of the TripPass Group, provided that those Plans still exist.
The User can download, by means of the data export in the Account, no more often than once every 30 days, their data to the extent described in chapter 12(2)(1) of the Privacy Policy, including the profile, Favourites, Plans together with Custom Entries and information about proposals submitted in the Scout Programme, and can save Plans in PDF format at any time. Irrespective of this, the User can at any time, including during a notice period and before deleting the Account, request by e-mail a copy of all their User Content, including content not covered by the export, for example the profile photograph and the content of Reports; the Operator provides it in a commonly used format within 14 days. After the contract has been terminated by the Operator, the User can obtain their User Content on the terms of § 22(7).
§ 13. Reports, moderation and points of contact
The Operator stores information provided by Users, including User Content, Reports and materials from the Scout Programme, and to that extent provides a hosting service within the meaning of the DSA. The Operator does not make User Content available to the public, with the exception of materials from the Scout Programme accepted into the catalogue of the Service (§ 14(4)). Other User Content is visible only to the User, to the members of the User's TripPass Group and to the people to whom a Share Link was given by the User or by another member of the User's TripPass Group (§ 12(2) and (3)). The single point of contact for Users and authorities is indicated in § 1(3).
Anyone, including a person without an Account, can send a Report concerning an error in the Content or information that the person considers to be illegal or contrary to the Terms. A Report requires an e-mail address, to which the Operator sends confirmation of receipt of the Report and information about the decision. A Report can be sent:
by means of the "Report a problem" form on the place card, choosing the type of report, including the type for offensive or inappropriate content;
by e-mail to support@tripinthai.com, in particular concerning Plans, including Plans shared by a Share Link.
A Report of illegal content should contain the elements required by Article 16(2) DSA:
a sufficiently substantiated explanation of why the person reporting considers the content to be illegal;
a clear indication of the content, for example the internet address (URL) or the name of the place and a fragment of the description;
the name and e-mail address of the person reporting, except in the case of reports concerning offences involving the sexual abuse or sexual exploitation of children, for which the name is not required;
a statement by the person reporting that they believe in good faith that the information contained in the Report is accurate and complete.
The Operator confirms receipt of a Report to the e-mail address of the person reporting. Reports are considered without undue delay by a member of the Operator's editorial team, that is, by a human, in a diligent, non-arbitrary and objective manner. Automated tools perform only an organising function and do not take decisions: they limit the number of Reports sent by the form from one IP address to 5 per day, and further Reports can be sent by e-mail to support@tripinthai.com. Automated tools do not remove content, do not hide place cards and do not otherwise restrict the visibility of content; every Report reaches a member of the editorial team. The Operator notifies the person reporting of the decision and of the possibility of appeal.
If the Operator finds content to be illegal or contrary to the Terms, it applies a measure proportionate to the breach and, no later than at the moment the measure is applied, gives the User who supplied that content a statement of reasons on a Durable Medium (by e-mail). The statement of reasons indicates: the measure applied and its duration; the facts and circumstances on which the decision was based, including whether it results from a Report; information whether automated tools were used in taking the decision; the provision of law or of the Terms with which the content does not comply; the possibility of appeal and of court proceedings. The Operator applies the following measures:
removal of the content or restriction of its visibility;
switching off a Share Link or removal of a Plan together with its Share Link;
measures concerning the Account provided for in § 22.
The User who supplied the content to which a decision relates, and the person reporting, can lodge an appeal against the decision at support@tripinthai.com within 6 months of receiving it. The Operator considers the appeal with the participation of a human within 14 days, under the procedure in § 20(4)–(6). If the Operator does not consider within that time a Consumer's appeal concerning the Consumer's Account or User Content, the appeal is deemed to have been accepted. An appeal is not a condition of court proceedings. Irrespective of an appeal, the User and the person reporting can lodge a complaint with the Digital Services Coordinator or another competent authority within the meaning of the DSA in the Member State in which they are located or established.
If the Operator obtains information indicating that a criminal offence threatening the life or safety of persons has been committed, is being committed or may be committed, it promptly notifies the competent law enforcement authorities (Article 18 DSA).
The Operator applies the restrictions concerning User Content (§ 8 and § 12) in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of Users, including freedom of expression.
§ 14. The Scout Programme
Only Users invited by the Operator can take part in the Scout Programme. Participation is governed by the Terms, in particular by this section; there is no separate set of rules for the Scout Programme. The Operator gives the invited User the practical details of participation together with the invitation. Those details cannot worsen the position of a Scout compared with the Terms, or the position of a Scout who is a Consumer also compared with mandatory provisions of law.
A Scout proposes new places for the catalogue of the Service by sending the name of the place, its GPS location, which may come from the Scout's device, a category, a description and up to 5 photographs. A Scout can send per day the number of proposals that the Operator indicates to the invited User together with the invitation.
By sending materials, the Scout declares that they are the sole author of the materials or have the right to grant a licence to the extent set out in paragraph 4, and that the people recognisable in the photographs have agreed to their image being disseminated in the Service, unless consent is not required because those people are only a detail of a whole such as a landscape or a gathering (Article 81(2)(2) of the Act on Copyright).
The Operator's editorial team accepts or rejects a Scout's proposal; the Scout sees the decision in the Scout section of the Account. At the moment a proposal is accepted into the catalogue, the Scout grants the Operator a royalty-free, non-exclusive licence to use the photographs and the description sent, without territorial restrictions, in the following fields of exploitation:
recording and reproducing by digital technology, including in the memory of servers and in backups;
making available to the public in the Service and in Plan PDFs in such a way that anyone can have access to them at a place and time of their choosing;
passing to the suppliers whose services the Operator uses in providing the Service.
The licence in paragraph 4 covers permission to crop the photographs and change their size and quality, and to edit, shorten and translate the description into the language versions of the Service. The licence is granted for an indefinite period. The Scout can terminate it on the terms of the Act on Copyright; the Operator then removes the materials from the Service at the end of the notice period. The Operator marks a place proposed in the Scout Programme with information that it was reported by a scout, without giving the Scout's name; by sending materials, the Scout agrees to them being published without the Scout's name.
If the declaration referred to in paragraph 3 proves to be untrue, the Operator removes the materials and the Scout is liable to the Operator for the resulting damage on general principles.
A Scout receives points for accepted proposals. Points have no monetary value and cannot be exchanged for money.
§ 15. Intellectual property rights
The Service and the Content, including the layout and appearance of the Service, the software, the descriptions of places, the photographs and the catalogue of places, are protected by copyright to the extent that they are works, and the catalogue of places as a database – also by the Act on the Protection of Databases; the Operator is the maker of that database. Plan proposals prepared automatically by the Planner may not be works. The name and logo TripInThai are the Operator's signs. The rights to the Content belong to the Operator or to its licensors.
The Operator grants the User a non-exclusive, personal and non-transferable licence to use in the Service the Content to which the Operator holds the rights, for the User's own needs, including for planning the User's own private and business trips, for the time the User uses the Service. The User can use a downloaded Plan PDF to the same extent also after the contract has ended. The licence does not limit the use of the Content within the limits of permitted use. The User uses Google Maps features and content on the terms of § 9(8), and materials made available under open licences on the terms of paragraph 6.
The Operator grants the User a non-exclusive and non-transferable licence to use the App on devices that the User owns or controls, for the time the User uses the Service. The App must not be decompiled or modified, except in the cases permitted by the Act on Copyright. § 24(4) also applies to an App downloaded from the App Store.
The Operator reserves that the Content and the databases of the Service to which the Operator holds the rights must not be used for text and data mining, including for training artificial intelligence models, without its consent.
The Service contains third-party content, including Google Maps content and photographs made available under open licences. The rights to them belong to their authors and licensors. Information about the sources of map data and of other third-party materials is given on the "Attributions" page of the Service.
Paragraphs 2 and 4 and § 8(2)(8) and (9) do not limit the use of third-party content made available in the Service under open licences, for example Creative Commons. Such content can be used on the terms of the licence under which it was made available by its author.
§ 16. TripPass: nature, TripPass Features and the TripPass Period
TripPass is digital content that is not supplied on a tangible medium: for the TripPass Period the User has online access to the content and features of the Service marked as available with TripPass, in the same way as access to a library of content made available online. The Operator makes TripPass available throughout the TripPass Period. TripPass is not a subscription. The Operator offers two Variants: TripPass 180 and TripPass 365.
The TripPass Features are the features marked on the Pricing Page as available with TripPass. Their scope is variable: the Terms do not list them, and the Pricing Page is the single source of information about them and about any limits. For a TripPass that has been bought, the TripPass Features are those shown on the Pricing Page on the day of purchase; the Operator records that scope in the purchase confirmation (§ 17(8)), and it can change during the paid TripPass Period only on the terms of § 21. The TripPass Features include the possibility of buying Guest Places and inviting TripPass Guests, within the limit in § 18(5)(1); Guest Places can be bought only while the TripPass Period is running.
The TripPass Period begins at the moment of Activation, which takes place immediately after payment (§ 17(7)). The TripPass Period lasts 180 or 365 full days, depending on the Variant. The Operator gives the date and time of the end of the TripPass Period, with the time zone indicated, in the Account and in the confirmation of the conclusion of the TripPass Agreement (§ 17(8)). The Operator switches off the TripPass Features no earlier than at the end of the TripPass Period.
TripPass does not renew automatically. The purchase of TripPass is a one-time purchase and does not result in any further charges.
TripPass cannot be bought ahead of time. While a TripPass Period is running in an Account, or a TripPass bought for that Account awaits Activation, the User cannot buy another TripPass for that Account. A new TripPass can be bought only after the current TripPass Period has ended; its TripPass Period begins at its own Activation (paragraph 3), and the Returning-Customer Price may apply to it on the terms of § 18(4). The User therefore never has a paid TripPass Period that is waiting for an earlier TripPass Period to end. Changing the Variant during a TripPass Period is not possible. Guest Places can be bought while a TripPass Period is running (§ 18(5)).
TripPass is assigned to the Account on which it was bought and cannot be transferred to another Account. The TripPass Features work on the Website and in the App after signing in to the same Account, subject to § 24.
After the end of the TripPass Period, the TripPass Features expire, and the Account, Favourites and Plans remain. Favourites saved during the TripPass Period are kept: the Operator does not delete or hide them because their number exceeds the limit of Favourites that applies to the Free Features, and the User can remove them at any time. Where the Pricing Page shows such a limit, the User can add a new Favourite only once the number of saved Favourites is below that limit.
TripPass simply expires at the end of the TripPass Period; there is no subscription and no renewal. The Operator does not notify the User before the end of the TripPass Period: it sends no e-mail reminder and the App displays no notification that the end is approaching. The date and time of the end of the TripPass Period are permanently visible in the Account.
Before the TripPass Agreement is concluded, the Operator informs the User of the following essential characteristics of TripPass, and the User expressly and separately accepts them:
the TripPass Features require an internet connection;
information about places, including opening hours, is updated periodically, not in real time, and may be out of date in the period between updates;
the map, the place cards, "Near me" and the Planner use Google services (Google Maps) and an artificial intelligence model made available by Amazon Web Services;
Plan proposals are prepared automatically by an artificial intelligence model, without verification by a human, descriptions of places are created with the use of artificial intelligence, and their translations are prepared automatically by an artificial intelligence model; Plans and translations may contain errors (§ 10(3) and (7)).
Acceptance of the characteristics referred to in paragraph 9 does not mean consent to the TripPass Features being unavailable and does not exclude the Operator's liability for the conformity of TripPass with the contract, including for interruptions in the services of the suppliers the Operator uses in providing TripPass (§ 20 and § 25(4)).
§ 17. TripPass: purchase, prices and the role of Paddle
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries relating to payments and handles returns. Complaints about how TripPass works and statements of withdrawal from the contract are also accepted by the Operator (§ 19 and § 20).
The following rules apply when TripPass is bought:
the User concludes the TripPass Sale Agreement with Paddle on the terms of the Paddle Buyer Terms. Paddle accepts the payment, charges and accounts for taxes, issues and sends the payment confirmation with a receipt or an invoice, and technically carries out refunds. The Operator does not issue invoices for TripPass;
the User concludes the TripPass Agreement with the Operator on the basis of the Terms. The Operator provides TripPass and is liable to the User for its conformity with the contract;
a Consumer who has the right of withdrawal under § 19(4) can submit a statement of withdrawal from the contract to the Operator or to Paddle, and a Consumer can file a complaint about TripPass with the Operator or through Paddle. A statement of withdrawal or a complaint about TripPass submitted to Paddle is deemed to have been received by the Operator at the moment Paddle receives it; the time limit for the refund in § 19(6) and the time limit for replying to a complaint in § 20(6) run from that moment. On the basis of a statement of withdrawal submitted to Paddle, for example in the Paddle customer portal, the refund may be made by Paddle itself on the terms of the Paddle Refund Policy; this does not affect the effectiveness of the withdrawal or the Operator's obligations set out in § 19 and § 23. The Operator confirms receipt of a statement of withdrawal submitted to the Operator, considers the complaint and is liable to the Consumer for the refund of the amount due on the terms of § 19 and § 23, also where Paddle refunds less than the Terms provide for or refuses a refund.
An order for TripPass proceeds in the following steps:
the User signs in to the Account; TripPass cannot be bought without an Account or for an Account in which a TripPass Period is running (§ 16(5));
the User chooses a Variant on the Pricing Page, where the User sees the total price including taxes, the length of the TripPass Period, the scope of the TripPass Features, information that there is no automatic renewal, that the seller is Paddle and that TripPass is digital content which starts immediately, so that once it has started there is no right of withdrawal and no refund for a change of mind (§ 19(3)), with the exception described in § 19(4), and the date on which the TripPass Period begins, determined in accordance with paragraph 7;
the User accepts the Terms and the Refund Policy by ticking a separate box that is not ticked by default, declares that they are at least 18 years old (§ 6(3)(4)) and separately accepts the essential characteristics of TripPass indicated in § 16(9);
a Consumer, by ticking a further separate box that is not ticked by default, expressly consents to the supply of TripPass beginning before the end of the 14-day period for withdrawal from the contract and acknowledges that the Consumer thereby loses the right of withdrawal (§ 19(2));
in the Paddle payment form the User gives an e-mail address, country and payment details and accepts the Paddle Buyer Terms. The Paddle payment form may contain Paddle's own information about the right of withdrawal; a Consumer's right to withdraw from the TripPass Agreement is set out in § 19;
the User clicks the payment button in the Paddle payment form, the label of which unambiguously indicates an obligation to pay. Before clicking the button the User can check and correct the data entered by going back to the previous steps or by closing the Paddle form;
the User receives the confirmations referred to in paragraph 8.
TripPass prices are determined according to the following rules:
the prices on the Pricing Page are total prices, including taxes, among them VAT, in the currency assigned to the chosen language version of the Service. There are no additional charges collected by the Operator or by Paddle;
the Consumer pays the amount shown in the Paddle payment form immediately before clicking the payment button. If that amount is higher than the price on the Pricing Page for the same language version and currency at the time of the order, the User can refrain from paying and notify the Operator (§ 20);
the User's bank or card issuer may charge a currency conversion fee if the currency of the payment differs from the currency of the User's account. That fee is not charged by the Operator or by Paddle;
a business that enters a VAT identification number in the Paddle payment form has the tax accounted for according to Paddle's rules, including under the reverse-charge mechanism where it applies (§ 27(2) and (3)). A business that did not enter a VAT identification number in the payment form can ask Paddle to correct the settlement or to refund the tax on the terms of the Paddle Buyer Terms.
Every User can choose any language version of the Service and buy TripPass at the price and in the currency of that version. The Operator does not differentiate prices on the basis of nationality, place of residence or the location of the device and does not redirect the User to another language version for those reasons. The Service opens the language version last chosen by the User, remembered in the browser or in the Account; the User can change it at any time with the language switcher and buy TripPass on the terms of the version chosen. The Returning-Customer Price is granted automatically by the system of the Service on the basis of the history of TripPass purchases in the Account, according to the transparent rules of § 18(4); the Operator gives this information next to that price on the Pricing Page and in the purchase process. Apart from this, prices are not personalised on the basis of automated decision-making.
Payment methods are made available by Paddle. The payment methods available to the User are shown by Paddle at checkout, before payment, and depend on the User's country and currency. TripPass cannot be bought from countries that Paddle does not serve or that are subject to sanctions (§ 29(3)).
The TripPass Agreement is concluded at the moment Paddle confirms to the User that the payment has been made successfully. The Operator carries out Activation immediately after the TripPass Agreement is concluded, no later than within 24 hours; TripPass is not started later at the User's choice. The supply of TripPass begins at the moment its TripPass Period begins (§ 19(1)). The same applies to a business that has no right of withdrawal (§ 27(4)). If Activation does not take place in time, the Consumer can call on the Operator to carry it out, in particular by e-mail to support@tripinthai.com. If the Operator does not carry out Activation promptly after being called on to do so, or if it is clear from the Operator's statement or from the circumstances that the Operator will not carry it out, the Consumer can withdraw from the TripPass Agreement and receives a refund of the entire price within 14 days (§ 23(1)). A delay in Activation does not shorten the TripPass Period.
Promptly after the TripPass Agreement is concluded, the User receives on a Durable Medium:
from Paddle – a payment confirmation with a receipt or an invoice; on the Paddle receipt, TripPass and a Guest Place may be described as "Premium access";
from the Operator – an e-mail confirming the conclusion of the TripPass Agreement. The confirmation contains the Variant, the price, the date and time the contract was concluded, the date and time of the beginning and of the end of the TripPass Period with the time zone indicated, the scope of the TripPass Features and any limits as shown on the Pricing Page on the day of purchase, confirmation of the consent and acknowledgement given by the Consumer before paying (§ 19(2)), with the date and time at which they were given, the instruction on the right of withdrawal (Annex 1) with the model withdrawal form (Annex 2), and the Terms and the Refund Policy in the version in force on the day of purchase, in English (§ 31(2)), in a form that can be stored and printed.
In matters concerning the payment itself, for example a double charge, the User can also contact Paddle directly through https://paddle.net. An amount charged twice or by mistake is returned to the User on the terms of § 23.
§ 18. Promotions, the Returning-Customer Price and Guest Places
The Operator announces promotions in the Service, stating the period for which they apply. With every announcement of a reduction in the price of TripPass or of a Guest Place, including in advertising and in messages, the Operator gives, next to the reduced price, the lowest price from the 30 days before the reduction was introduced, determined separately for the given language version and currency, and, if the service in question has been offered for less than 30 days, the lowest price since it began to be offered, in accordance with the Act on Price Information. The Operator calculates the value of the reduction, including as a percentage, from that lowest price. The Operator does not present a price as reduced if it is not lower than that lowest price, and does not give as the price before the reduction a price at which the given TripPass Variant or Guest Place was not actually offered earlier in the given language version and currency. Countdown timers and information about the limited availability of an offer correspond to reality.
The Operator does not currently use discount codes. If it introduces them, it will give their conditions when announcing them. One code can then be used for one purchase, and a code cannot be exchanged for money.
A later reduction in the price of TripPass does not give a right to a refund of the difference in price. This does not limit the right of withdrawal from the contract where the Consumer has it (§ 19(4)).
The Returning-Customer Price:
is available to a User whose TripPass Period of a TripPass bought by that User ended no earlier than 30 days before the purchase; using the TripPass Features as a TripPass Guest does not give entitlement to the Returning-Customer Price;
when entitlement to the Returning-Customer Price is determined, no account is taken of a TripPass from whose contract the User withdrew under § 19 or of a TripPass whose price was refunded as a result of a chargeback not resulting from non-performance or improper performance of the contract by the Operator; this does not exclude entitlement to the Returning-Customer Price arising from a different TripPass that meets the condition in point 1. The ending of a TripPass for other reasons, in particular under § 20, § 21(3), § 22(4)(1), § 22(5), § 30(3) or § 31(4), does not exclude the Returning-Customer Price;
the amount of the Returning-Customer Price for each Variant, language version and currency is given by the Operator on the Pricing Page and in the purchase process. The Operator presents it as the price payable by a User who meets the condition in point 1. If the Operator presents it as a reduction, in particular by giving a percentage or by striking through an earlier price, it applies paragraph 1: next to the Returning-Customer Price it gives the lowest price of the given Variant in the given language version and currency from the 30 days before the reduction was applied and calculates the value of the reduction from it, and if the Returning-Customer Price is not lower than that lowest price, the Operator does not present it as a reduction;
the Returning-Customer Price is calculated from the price current at the time of purchase, including a promotional price.
Guest Places:
Guest Places can be bought only by a TripPass Owner in whose Account a TripPass Period is running; a Guest Place cannot be bought before the TripPass Owner's TripPass Period has begun or after it has ended. For one Account, a total of no more than 3 Guest Places can be bought over the entire existence of the Account. Every Guest Place ever bought counts towards this limit, including Guest Places that have expired, from whose contract the TripPass Owner withdrew or whose price was refunded. Once this limit has been used, further Guest Places cannot be bought, including during a TripPass Period of a TripPass bought later, of which the Operator informs Users on the Pricing Page;
before the purchase the Operator gives the price of the Guest Place, the date and time at which the Guest Place ceases to be valid and the number of days of its validity; the price does not depend on the number of days remaining;
a Guest Place is valid until the end of the TripPass Owner's TripPass Period that is running at the time the Guest Place is bought and does not carry over to a TripPass that the TripPass Owner buys after that period has ended. The validity of a Guest Place is extended by the same time by which the Operator extends the TripPass Period under § 22(3);
the TripPass Owner invites the person who is to become a TripPass Guest by giving that person's e-mail address. The invitation is sent by e-mail, is valid for 7 days, and accepting it requires creating an Account or signing in. An invitation cannot be accepted by a person in whose Account their own TripPass Period is running, or by a person who is already a TripPass Guest of someone else;
a TripPass Guest uses all the TripPass Features, except for buying Guest Places, and the shared pool of the TripPass Group (§ 12(4));
a TripPass Guest's access to the TripPass Features ends only when: the TripPass Owner removes the guest from the TripPass Group; the TripPass Guest leaves the TripPass Group or deletes their Account; the Guest Place expires; the TripPass Owner's TripPass Period ends before its time, in particular as a result of the deletion of the TripPass Owner's Account (§ 7(5)), withdrawal from the contract (§ 20(3)), a refund of the payment (§ 23(4)) or termination of the contract (§ 22(4)); the Operator terminates the TripPass Guest's Account Agreement (§ 22). If a Guest Place expires on the lapse of its validity, the Operator switches off the TripPass Guest's access to the TripPass Features no earlier than at the end of the validity of the Guest Place. Suspension of the TripPass Owner's Account does not limit the access of TripPass Guests who did not take part in the breach;
a Guest Place freed by the removal or departure of a TripPass Guest can be used by the TripPass Owner to invite another person until the end of the validity of that Guest Place;
the TripPass Owner invites only people with whom the owner has agreed beforehand that they will be invited (§ 8(2)(7)). The invitation contains the TripPass Owner's e-mail address and the first part of the owner's display name;
§ 17 and §§ 19–23 apply accordingly to the purchase of a Guest Place. The contract concerning a Guest Place is concluded by the TripPass Owner. The Operator makes a Guest Place available in the TripPass Owner's Account immediately after payment, within the time set out in § 17(7), and it can be used from that moment; the moment at which its supply begins is set out in § 19(1);
Guest Places cannot be resold or made available for payment (§ 8(2)(3)).
§ 19. Right to withdraw from the TripPass Agreement
TripPass is digital content that is not supplied on a tangible medium (§ 16(1)). The supply of TripPass begins at the moment its TripPass Period begins, that is, at Activation (§ 16(3) and § 17(7)). A Guest Place can be bought only while the TripPass Owner's TripPass Period is running, so its supply also begins at once: at the moment the Operator makes the Guest Place available in the TripPass Owner's Account, immediately after payment (§ 18(5)(1) and (9)).
Before paying, a Consumer, by ticking a separate box that is not ticked by default (§ 17(3)(4)):
expressly consents to the supply of the digital content beginning before the end of the 14-day period for withdrawal from the contract;
acknowledges that the Consumer thereby loses the right of withdrawal at the moment the supply begins.
The Operator confirms that consent and acknowledgement to the Consumer on a Durable Medium, in the e-mail confirming the conclusion of the TripPass Agreement (§ 17(8)(2)). Because TripPass starts immediately (§ 17(7)), a Consumer cannot buy TripPass or a Guest Place without ticking the box.
For that reason, in accordance with Article 38(1)(13) of the Act on Consumer Rights (Article 16(m) of the Consumer Rights Directive), from the moment the supply begins the Consumer has no right to withdraw from the TripPass Agreement or from the contract concerning a Guest Place, and the Operator does not refund the price because the Consumer has changed their mind, irrespective of whether and how much the Consumer has used the TripPass Features.
As long as the supply has not begun, a Consumer can withdraw from the TripPass Agreement or from the contract concerning a Guest Place within 14 days of the day on which it was concluded (§ 17(7)), without giving a reason and without bearing any costs. This concerns only the case in which, after the contract has been concluded, the Operator has not yet carried out Activation or, in the case of a Guest Place, has not yet made it available (§ 17(7)). Because TripPass cannot be bought while a TripPass Period is running (§ 16(5)), there is no other case in which the supply begins later than immediately after payment. The right of withdrawal ends at the moment the supply begins and no later than at the end of those 14 days. If the Consumer withdraws, the Operator refunds the entire price paid under that contract. The same right is held by an Entrepreneur with Consumer Rights (§ 27).
The Consumer submits the statement of withdrawal in any unambiguous form. The Consumer can use the model form in Annex 2 but does not have to. To meet the time limit it is enough to send the statement before the right of withdrawal ends; the statement is made at the moment it is sent to the Operator or to Paddle or the Withdrawal Function is used. The Operator promptly confirms receipt of a statement submitted to the Operator on a Durable Medium (by e-mail), giving its content and the date and time of receipt; a statement submitted to Paddle is confirmed by Paddle. A statement of withdrawal from the TripPass Agreement submitted to the Operator is passed on by the Operator to Paddle promptly, no later than on the next working day, as a statement of withdrawal from the TripPass Sale Agreement, and a statement of withdrawal submitted to Paddle is at the same time a statement of withdrawal from the TripPass Agreement. If the Consumer submitted the statement through Paddle, the time limits in this section run from the day on which Paddle received it. The statement can be submitted in particular:
by means of the Withdrawal Function "Withdraw from the contract here" in the Account, on the Website and in the App. The Withdrawal Function is available for as long as the Consumer has the right of withdrawal under paragraph 4 and leads to confirmation of the statement. The Operator makes it available in accordance with Article 11a of the Consumer Rights Directive and the legislation implementing it;
through Paddle, using the link in the payment confirmation or the Paddle customer portal (https://paddle.net);
by e-mail to support@tripinthai.com;
in writing, to the Operator's address given in § 1(1).
The Operator refunds the amount due promptly, no later than within 14 days of the day on which the statement of withdrawal was received, on the terms of § 23. The refund is made by Paddle on the Operator's instruction, using the same payment method that the Consumer used for the purchase. Another method of refund is possible only with the Consumer's express consent and at no cost to the Consumer (§ 23(2)). Irrespective of Paddle's actions, the Operator is liable to the Consumer for the refund of the amount due (§ 23(1)).
On withdrawal from the TripPass Agreement under paragraph 4, the TripPass to which the withdrawal relates expires before its TripPass Period begins. On withdrawal under paragraph 4 from the contract concerning a Guest Place, the Guest Place expires before it has been made available; the TripPass Owner's TripPass Period that is running is not affected. The Account Agreement continues, and the Account, Favourites and Plans remain (§ 16(7)).
The Paddle payment form and Paddle's terms may contain their own information about the loss of the right of withdrawal. Between the Consumer and the Operator, the right of withdrawal is set out in this section. If a Consumer has withdrawn from a contract under paragraph 4 and Paddle refuses a refund or refunds less than this section provides for, the Operator ensures the refund of the missing amount without a separate request from the Consumer, within the time limit in paragraph 6 counted from the day on which the statement of withdrawal was received by the Operator or by Paddle (§ 17(2)(3)), on the terms of § 23. The Consumer can notify the Operator of Paddle's refusal in the manner indicated in paragraph 5; such notification is not a condition of the refund and does not extend the time limit for the refund.
Nothing in the Terms limits the rights that a Consumer has under provisions of the law of the country of the Consumer's habitual residence that cannot be waived or derogated from by contract. Where that law or the Paddle Refund Policy gives the buyer a wider right to a refund than the Terms, the wider right applies.
This section concerns only withdrawal from the contract without giving a reason. It does not limit:
the Consumer's rights where TripPass does not conform to the contract, including a price reduction and withdrawal from the contract (§ 20);
the right to terminate the TripPass Agreement, with a refund for the remaining days, on a material adverse change (§ 21(3));
the refund of the price for the unused days where the Operator terminates the contract for reasons for which the User is not responsible or ends the provision of TripPass (§ 22(4)(1) and § 22(5)), and in the cases set out in § 22(3), § 30(3) and § 31(4);
the right to withdraw from the TripPass Agreement where Activation is not carried out (§ 17(7)), and the refund referred to in § 6(3)(6);
the return of an amount charged twice or by mistake (§ 17(9)) and the use of the procedures referred to in § 23(3).
This section applies to TripPass and Guest Places bought on the Website through Paddle. To TripPass and Guest Places bought in an App Marketplace, § 24(3) applies.
§ 20. Conformity with the contract and complaints
The Operator is liable for the conformity of the Service and of TripPass with the contract throughout the time they are provided and, in the case of TripPass, throughout the TripPass Period. Conformity with the contract is assessed according to the description in the Terms and on the Pricing Page as at the day of purchase (§ 4(2) and Annex 4), the Operator's public assurances and the provisions of the Act on Consumer Rights concerning digital content and digital services. TripPass is digital content that the Operator makes available continuously throughout the TripPass Period, so the provisions of that Act on the conformity of digital content with the contract apply to it for the whole of that period. The loss of the right of withdrawal under § 19(3) does not affect the rights set out in this section.
The Operator supplies the updates to the Service, including security updates, needed to keep it in conformity with the contract. Updates to the Website take effect automatically. The Operator informs Users about updates to the App in the App Marketplace or in the App, together with information about the consequences of not installing them. The Operator is not liable for a lack of conformity with the contract resulting solely from an update to the App not being installed within a reasonable time, if the Operator informed the User about the update and about the consequences of not installing it, and the failure to install the update did not result from defective installation instructions.
If the Service or TripPass does not conform to the contract, the Consumer can demand that it be brought into conformity with the contract. The Operator does so within a reasonable time of receiving information about the lack of conformity, at no cost and without significant inconvenience to the Consumer. The Consumer does not pay for the period in which TripPass did not conform to the contract. In the circumstances listed in points 1–5, the Consumer can make a statement reducing the price of TripPass or withdrawing from the TripPass Agreement. The reduced price is in the same proportion to the price under the contract as the value of the non-conforming TripPass is to the value of a conforming TripPass, taking into account the period in which TripPass did not conform to the contract. Withdrawal is not available if the lack of conformity is immaterial; a lack of conformity is presumed to be material. On withdrawal the Operator refunds the price for the period in which TripPass did not conform to the contract and for the period remaining after the withdrawal. The Operator refunds the amounts due within 14 days of receiving the Consumer's statement. A price reduction or withdrawal from the contract is available if:
bringing TripPass into conformity with the contract is impossible or requires excessive costs;
the Operator has not brought TripPass into conformity with the contract;
the lack of conformity persists despite an attempt to remove it;
the lack of conformity is so material that it justifies a price reduction or withdrawal from the contract without first demanding that TripPass be brought into conformity with the contract;
it is clear from the Operator's statement or from the circumstances that the Operator will not bring TripPass into conformity with the contract within a reasonable time or without significant inconvenience.
The User can file a complaint by e-mail to support@tripinthai.com or in writing to the Operator's address given in § 1(1). A Consumer can also file a complaint about TripPass through Paddle (§ 17(2)(3)), and a complaint about the payment itself, for example a double charge, also directly with Paddle.
The Operator recommends that a complaint contain contact details, a description of the problem and what is being demanded and, in the case of TripPass, also the Paddle transaction identifier. The absence of this information does not result in the complaint being left unconsidered.
The Operator replies to a complaint within 14 days of the day on which it was received, on a Durable Medium (by e-mail). If the Operator does not reply to a Consumer within that time, the Operator is deemed to have accepted the complaint. A complaint about TripPass filed through Paddle is deemed to have been received by the Operator at the moment Paddle receives it (§ 17(2)(3)).
The procedure in paragraphs 4 and 5 and the time limit for a reply in the first sentence of paragraph 6 also apply to other matters connected with the Service and to appeals against decisions taken under § 13 and § 22. The second sentence of paragraph 6 applies only to complaints, that is, to notifications concerning non-performance or improper performance of the contract by the Operator, and to a Consumer's appeals against decisions concerning the Consumer's Account or User Content (§ 13(6) and § 22(3)).
If, as a result of the consideration of a Consumer's complaint, the dispute is not resolved, in particular where the Operator does not accept the complaint in full, the Operator, in its reply to the complaint, gives the Consumer on a Durable Medium a statement whether it consents to taking part in proceedings for the out-of-court resolution of the dispute and, if it consents, indicates the entity authorised to conduct such proceedings together with the address of its website (§ 28(5)).
§ 21. Changes to the Service and to the TripPass Features; technical interruptions
The scope of the Free Features and of the TripPass Features is variable and is shown on the Pricing Page. For a TripPass that has been bought, the scope shown on the Pricing Page on the day of purchase (§ 17(8)) can change during the paid TripPass Period only on the terms of this section. A change that is solely to the User's advantage can be made at any time. The Operator can otherwise change the Service and the TripPass Features in a way that is not needed to keep them in conformity with the contract only for the following reasons:
a change in the law or a decision or ruling of a competent authority that concerns the Service;
the need to ensure the security of the Service and of Users or to counteract abuse – to the extent necessary to remove the threat;
the supplier of a service used by a given feature (maps, the artificial intelligence model, the operating system, an App Marketplace) ceasing to provide it, or a change in the terms of such a service or a material change in how it works, if they occurred for reasons beyond the Operator's control, in particular do not result from a breach by the Operator of the terms of its contract with that supplier, make it impossible or materially more difficult to provide the feature in its existing form, and the Operator cannot replace that service with the service of another supplier without making the feature worse – to the extent necessary to adapt the feature. A change in Paddle's terms or Paddle ceasing to provide its services can justify only a change in the purchase process (§ 17) and does not justify a change in the TripPass Features;
the addition of new features or the development of existing ones;
a change in the scope or limits of the Free Features, including making a free feature a TripPass Feature or introducing clearly marked advertising in the Free Features, if the unit prices of the supplier of a service used by the given feature (for example the price per call to a maps interface or for the processing of a given number of tokens by an artificial intelligence model) have risen, as a result of a change in that supplier's price list, by a total of at least 20% over the last 12 months – to the extent needed to cover that rise; in the information about the change (paragraph 2) the Operator indicates the supplier, the date and the scale of the change in the price list. The change does not concern the TripPass Features in a paid TripPass Period and does not result in advertising being displayed to Users during a TripPass Period (§ 4(4)). Making a free feature a TripPass Feature does not take away access to User Content created earlier by means of it, including Plans, Plan PDFs and Share Links.
A change referred to in paragraph 1 does not give rise to any costs for the User. The Operator informs Users about it in the Service, in a clear and comprehensible manner, before it is introduced. The Operator also informs Users who have an Account about a change referred to in paragraph 1(5) on a Durable Medium, at least 30 days before it is introduced; a User who does not accept it can terminate the Account Agreement at no cost by deleting the Account. If, at the moment of termination, a TripPass Period is running, the second sentence of § 30(3) applies.
If a change materially and adversely affects a Consumer's access to TripPass or the use of it, the Operator informs the Consumer about the change on a Durable Medium at least 30 days before it is introduced and, if the change results from reasons referred to in paragraph 1(1) or (3) that the Operator could not have foreseen that far in advance, promptly after learning of them, before the change is introduced. The information describes the nature of the change, its date and the right to terminate the contract. The Consumer can then terminate the TripPass Agreement at no cost within 30 days of the change being introduced or of receiving the information about it, if the information arrived later. The Operator then refunds the price paid for TripPass and for Guest Places for the days from the day on which the change was introduced, or from the day of termination if that is earlier, until the end of the TripPass Period, according to § 23(6), within 14 days of receiving the termination.
A change referred to in paragraph 1 does not cover the price or the length of a paid TripPass Period.
Planned technical work that causes interruptions in the operation of the Service is announced by the Operator in the Service in advance and is carried out, as far as possible, at times of the lowest traffic. This provision does not exclude the Operator's liability for the conformity of the services with the contract.
The Operator can, without notice, temporarily switch off the Service or a part of it, including the Planner, for the time necessary to remove a failure, repel an attack, remove a vulnerability or the effects of a security breach, or carry out an order of a competent authority. The Operator promptly informs Users of this in the Service and restores operation without undue delay. This provision does not exclude the rights under § 20.
§ 22. Suspension, blocking and termination of the contract by the Operator; ending the provision of services
If the User breaches § 8, the Operator applies the following measures in turn, in proportion to the gravity and repetition of the breach:
a call to stop the breach, setting a time limit of no less than 7 days;
after the time limit in point 1 has passed without effect – temporary suspension of access to the Account or to the feature to which the breach relates, for a period of no more than 30 days;
if the breach continues or is repeated after the suspension has ended – termination of the Account Agreement with 30 days' notice and, if the breach concerns only § 8(2)(11), switching off the User's access to the functions and content of Google Maps for a period of no more than 6 months. If a TripPass Period is running during such a switch-off, the User can terminate the TripPass Agreement with immediate effect; the price of TripPass and of Guest Places for the unused days is then not refunded, as in paragraph 4(2). The Operator informs the User of a switch-off that is in progress before the User buys a new TripPass.
The Operator can, without a prior call:
suspend access to the Account or to the feature to which the event relates for the time necessary to clarify the matter, for no more than 14 days, if there is a justified suspicion of payment fraud, including payment with funds obtained unlawfully, of the Account having been taken over by an unauthorised person, of an act threatening the security of the Service or of other Users, of the supply of illegal content threatening the life, health or safety of persons, of mass automated downloading of Content, including for the purpose of text and data mining, or of Google Maps content, of disruption of the operation of the Service (§ 8(2)(1), (4), (9) and (11)), of making access to the Account, the TripPass Features or Guest Places available for payment or reselling it (§ 8(2)(3)), or of circumvention of the safeguards or blocks of the TripPass Features by technical means, in particular by interfering with the communication of the Website or the App with the server (§ 8(2)(2));
terminate the Account Agreement with immediate effect only where the User personally committed payment fraud, intentionally threatened the security of the Service or of other Users, supplied illegal content threatening the life, health or safety of persons, or continues the acts referred to in point 1 despite a suspension.
The taking over of an Account by an unauthorised person justifies only a suspension of access in order to protect the User; the Operator restores access after confirming the User's identity by means of the e-mail address assigned to the Account before it was taken over, restores that address in the Account and does not terminate the contract for that reason. Before the period of suspension referred to in paragraph 2(1) ends, the Operator restores access or applies a measure under paragraph 1 or paragraph 2(2). During a suspension the User can submit a statement of withdrawal from the contract, a complaint and an appeal, download their data and delete the Account; if the suspension covers signing in, the Operator accepts those statements and requests by e-mail at support@tripinthai.com. The Operator communicates every decision to apply a measure under paragraph 1 or 2 to the User on a Durable Medium (by e-mail) no later than at the moment the measure is applied, together with a statement of reasons covering the facts and circumstances and an indication of the provision of the Terms that was breached, unless communicating the statement of reasons would be contrary to the law or to an order of a competent authority; if the measure is connected with content supplied by the User, the statement of reasons also contains the elements indicated in § 13(5). The User can lodge an appeal within 6 months of receiving the decision, and the Operator considers it under the procedure in § 20(4)–(7). If a suspension proves to have been unjustified, the Operator, at the User's choice, extends the TripPass Period by the time of the suspension or refunds the price for the days of the suspension according to § 23(6).
Termination of the Account Agreement results in termination of the TripPass Agreement and of the contracts concerning Guest Places. When the contract is terminated by the Operator, TripPass is settled as follows:
if the Operator terminates the contract for reasons for which the User is not responsible, it refunds the price of TripPass and of Guest Places for the unused days, according to § 23(6);
if the Operator terminates the Account Agreement because of a breach of the Terms by the User (paragraph 1(3) or paragraph 2(2)), TripPass and Guest Places expire at the moment the contract ends and the Operator does not refund the price of TripPass or of Guest Places for the unused days, in the same way as where the User deletes the Account (§ 7(3)). The Operator states this consequence in the call referred to in paragraph 1(1) and in the decision referred to in paragraph 3. This does not limit the Consumer's right to withdraw from the contract where the Consumer has it under § 19(4), or the Consumer's rights under § 20.
The Operator can at any time stop selling TripPass or Guest Places; this does not concern TripPass and Guest Places already bought, which the Operator provides until the end of their TripPass Period or validity. The Operator can stop operating the Service or stop providing TripPass before the end of a paid TripPass Period only for the following important reasons: a provision of law or a decision or ruling of a competent authority prohibits the provision of the services or materially restricts it; the supplier of a service necessary for the Service to work has stopped providing it for reasons beyond the Operator's control and it cannot be replaced with the service of another supplier; the Operator stops operating the Service altogether. The Operator notifies Users of this on a Durable Medium at least 30 days in advance and, if the reason results from circumstances for which the Operator is not responsible and which it could not have foreseen that far in advance, in particular from a decision of an authority or from the supplier of maps or of the artificial intelligence model ceasing to provide its service for reasons beyond the Operator's control, promptly after learning of them. The Operator then refunds the price of TripPass and of Guest Places for the unused days, according to § 23(6), and the User can download their User Content until the day on which the services end (§ 12(5)). Suspension or termination of the Operator's contract with Paddle justifies only stopping the sale of TripPass and Guest Places and does not affect TripPass and Guest Places already bought. Limiting the scope of the Service or of the TripPass Features is permissible only on the terms of § 21. This paragraph does not limit the Operator's liability on the terms of § 25.
The Operator does not delete inactive Accounts automatically. The Account Agreement is concluded for an indefinite period and the User can end it at any time by deleting the Account (§ 7).
During the notice period referred to in paragraph 1(3), the User retains access to the data export in the Account. Where the Account Agreement is terminated with immediate effect, the User can, within 14 days of receiving the decision, request by e-mail a copy of their User Content. The Operator provides it in a commonly used format, with the exception of illegal content and content whose provision would be contrary to the law.
If, within 12 months of a call referred to in paragraph 1(1), the User again breaches the same provision of § 8, the Operator can, without a further call, apply the measure in paragraph 1(2) and, in the event of another such breach in that period, the measure in paragraph 1(3).
The Operator can give notice of termination of, or terminate, the Account Agreement, the TripPass Agreement and the contracts concerning Guest Places only in the cases set out in paragraph 1(3), paragraph 2(2) and paragraph 5, in § 6(3)(3) and to the extent required by sanctions legislation (§ 29(3)).
After the Operator has terminated the Account Agreement, the Operator deletes the Account in the manner described in chapter 11 of the Privacy Policy: in the case of termination with notice – at the end of the notice period, and in the case of termination with immediate effect – after the time limit in paragraph 7 has passed. The effects for the TripPass Group are set out in § 7(5), except that the price of TripPass and of Guest Places is settled according to paragraph 4.
§ 23. Refunds of payments and payment disputes
Refunds are technically made by Paddle on the Operator's instruction. The Operator is liable to the Consumer for the amount due being refunded in full, promptly, no later than within 14 days of the day on which the obligation to refund arose, in particular from the day of receipt of a statement of withdrawal from the contract, of a statement reducing the price or of a termination, from the day on which an Account was deleted in the case referred to in § 7(4), from the day of termination of the contract by the Operator for reasons for which the User is not responsible (§ 22(4)(1)) or of the ending of the provision of services (§ 22(5)), from the day of receipt of the notification referred to in § 6(3)(6), or from the day on which another request for a refund, including a request for the return of an amount charged twice or by mistake (§ 17(9)), was accepted. If Paddle does not make the refund within that time or refuses to make it, in particular by relying on its own terms, the Operator instructs Paddle to adjust the transaction by the amount due and, if Paddle does not do so, refunds the amount due in another way, on the terms of paragraph 2, at no cost to the Consumer, no later than within the time limit set out in the second sentence and, if by the end of that time limit the Consumer has not provided the data needed for the refund, promptly after receiving them. Until the refund has been made, the Operator keeps the e-mail address and the transaction data needed for the refund, including after the Account has been deleted.
The refund is made in the currency of the payment and by the same payment method that the User used for the purchase. If a refund by that method is not possible, in particular where more than 120 days have passed since a payment card transaction or more than 179 days since a PayPal transaction, the refund is made in another way, in particular by transfer to an account indicated by the Consumer, with the Consumer's express consent and at no cost to the Consumer. The Operator then promptly asks the Consumer for the data needed for the refund, and the refund is made promptly after they are received.
A Consumer can use the complaint procedures of their bank or card issuer, including the chargeback procedure. The Operator encourages contacting it first (§ 20), but such contact is not a condition of using those procedures. The Operator does not suspend TripPass for the duration of a payment dispute. A chargeback as a result of which the price is returned to the payer has the effect set out in paragraph 4: the TripPass or Guest Place to which it relates expires. The Operator does not charge the Consumer any fees connected with a payment dispute.
A refund of the entire price of TripPass or of a Guest Place, including as a result of a payment dispute (paragraph 3), results in the expiry of the TripPass or Guest Place to which it relates, if it has not expired earlier; with the expiry of a Guest Place, the TripPass Guest who uses it loses access to the TripPass Features. On withdrawal from the contract, its termination with or without notice, the TripPass or Guest Place expires at the moment of the withdrawal or termination. A refund of part of the price for other reasons, in particular as a result of a price reduction (§ 20(3)) or of compensation granted by the Operator or by Paddle, does not affect the TripPass, the Guest Place or entitlement to the Returning-Customer Price.
Refunds for TripPass and Guest Places bought on the Website are made by Paddle on the terms of this section. Refunds for TripPass and Guest Places bought in an App Marketplace are made by Apple or Google under their rules (§ 24(3)).
Where the Terms provide for a refund of the price for unused days, the amount of the refund is calculated according to the formula: price paid × number of full unused days ÷ number of days of the TripPass Period (180 or 365) and, in the case of a Guest Place, ÷ the number of days of its validity counted from its purchase. The price paid is the amount actually paid by the User for the given TripPass or Guest Place, after taking into account promotions and the Returning-Customer Price. For refunds under § 20, § 21(3), § 22(3), § 22(4)(1), § 22(5), § 30(3) and § 31(4), an unused day that has begun counts as a full day. The result is rounded up to the smallest unit of the currency of the payment (for example a grosz, a cent or a yen). Where a TripPass has been paid for but its TripPass Period has not yet begun because Activation has not yet taken place, the entire price paid is refunded. Example: if PLN 199 was paid for TripPass 365 and 100 full days remain until the end of the TripPass Period, the refund is PLN 199 × 100 ÷ 365 = PLN 54.53.
§ 24. The App and the App Marketplaces
The Terms cover the App. Downloading the App from an App Marketplace is also subject to the terms of that App Marketplace. The Operator, not Apple or Google, is responsible for the App, its operation and support.
The Operator makes updates to the App available on the terms of § 20(2). The Account can be deleted directly in the App (§ 7(1)).
At present TripPass and Guest Places are sold on the Website, through Paddle. The purchase channels currently available, including whether a purchase can be made in the App through the App Store or Google Play, are shown on the Pricing Page. A TripPass works on the Website and in the App after signing in to the same Account, wherever it was bought. If the User bought TripPass or a Guest Place in an App Marketplace:
the sale and the payment are handled by Apple or Google on the terms of the given App Marketplace, and not by Paddle; the provisions of the Terms concerning Paddle do not apply to that purchase;
refunds are made by Apple or Google under their rules, and a request for a refund is submitted to Apple or Google;
the Operator provides TripPass and is liable for its conformity with the contract on the terms of § 20.
In addition to the Terms, the licence for an App downloaded from the App Store is subject to Apple's standard licence for applications (Licensed Application End User License Agreement), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. Apple is not a party to the Terms and is not responsible for the App, its support or claims connected with it. Apple and its subsidiaries are third-party beneficiaries entitled to require the User to comply with the provisions of that licence. Those provisions apply subject to mandatory provisions protecting the Consumer. The exclusions and limitations of liability contained in Apple's standard licence do not limit the Consumer's rights against the Operator under the Terms and under the law. In the relationship between the User and the Operator, the provisions of Apple's standard licence on governing law, courts, exclusion of warranties and limitation of liability do not apply; the governing law, the courts and the Operator's liability are set out in § 25 and § 28. Apple's standard licence applies to the scope of the licence for the App and to Apple's rights as a third party.
The App displays notifications only if the User has granted permission for this in the system settings of the device. At present the only such notification is one created on the User's device when a Plan has been prepared; the App does not display a notification before the end of the TripPass Period (§ 16(8)). The Operator can send notifications of a marketing nature only after separate consent to commercial information (§ 26(2)). The system permission can be switched off at any time in the settings of the device, and consent to commercial information – in the Account settings, in the App or by means of the link in a message.
The technologies and software development kits (SDKs) used in the App, including the error-reporting tool, are described in chapters 5.13, 5.14 and 10.7 of the Privacy Policy. The App can be uninstalled at any time. Uninstalling the App removes most of the data it has saved; to remove the sign-in data from the device as well, the Operator recommends signing out before uninstalling. Uninstalling the App does not delete the Account (§ 7).
§ 25. Liability
The Operator is liable to Users for non-performance or improper performance of the contract on the terms set out in the law, in particular in the Civil Code and in the Act on Consumer Rights.
The Terms do not exclude or limit the Operator's liability:
for damage caused intentionally or through gross negligence;
for personal injury;
to a Consumer and to an Entrepreneur with Consumer Rights for non-performance or improper performance of the contract;
for the conformity of the Service and of TripPass with the contract;
arising under the mandatory provisions of the country of the Consumer's habitual residence.
To businesses that are not Entrepreneurs with Consumer Rights, the Operator is liable only for actual loss, up to the amounts paid by the given business for TripPass and Guest Places in the 12 months before the event that caused the damage. This limitation does not apply to damage caused intentionally or through gross negligence or to personal injury.
Paddle (payment), Apple and Google as the operators of the App Marketplaces (downloading the App), and Google and Apple as sign-in providers, provide their services on the basis of separate contracts concluded with the User, on their own terms and on their own responsibility. This provision does not limit the Operator's liability for its own obligations, including for the conformity of TripPass with the contract, or for the persons the Operator uses in performing the contract.
The Terms do not shorten the limitation periods for claims and do not introduce time limits for reporting damage.
The Operator is not liable for damage resulting from non-performance or improper performance of the contract if it is the consequence of circumstances for which the Operator is not responsible, in particular force majeure, that is, an external event that could not have been foreseen or prevented with due care, for example a natural disaster, acts of war, an act of public authority or an extensive failure of public telecommunications or power networks. This provision does not limit the Operator's liability for the persons it uses in performing the contract, or the Consumer's rights in respect of a lack of conformity of the Service or of TripPass with the contract (§ 20), including the right to a price reduction or a refund for the period in which the service was not provided.
§ 26. Communication, service messages and the newsletter
Without consent to commercial information, the Operator sends Users only service messages connected with the performance of the contract or with obligations under the law. E-mails are sent from hello@tripinthai.com. Service messages are only:
sign-in codes and codes confirming a change of e-mail address;
notifications of a change of e-mail address and of the addition of a sign-in method;
a welcome message after an Account has been created, containing confirmation of the conclusion of the Account Agreement together with the Terms (§ 6(2)) and information about the Account and about using the Service, matched to the trip details given in the profile (chapter 7 of the Privacy Policy) and, in the case of a User who has consented to commercial information (paragraph 2), also information about TripPass;
confirmations concerning TripPass and Guest Places, including confirmations of the conclusion of the TripPass Agreement, of withdrawal from the contract and of a refund;
information about changes to the Terms, the Privacy Policy and the services;
confirmation of the deletion of the Account;
replies to Reports, complaints and other messages from the User, confirmations of receipt of Reports, and calls, decisions and statements of reasons concerning the Account and User Content (§ 13 and § 22);
an invitation of a TripPass Guest, sent to the person invited at the request of the TripPass Owner and containing only the information needed to accept the invitation: who is inviting (the e-mail address and the first part of the display name of the TripPass Owner), a short, neutral description of the Service, until when the invitation and the Guest Place are valid, how to accept the invitation or ignore it, and information about the processing of the e-mail address of the person invited together with a link to the Privacy Policy (chapter 5.4), without commercial information;
notices required by the Terms, in particular about changes to the services (§ 21(2) and (3)), about the ending of the operation of the Service or of the provision of TripPass (§ 22(5)) and about a transfer of the contract (§ 31(4));
a notification in the App that a Plan has been prepared.
Commercial information is: the newsletter, information about what is new in the Service, offers of the Operator's partners, encouragement to buy TripPass, including a new TripPass after the previous TripPass Period has ended, and surveys and requests for opinions. Partners' offers are sent by the Operator itself, and the Operator does not pass Users' data to partners. The Operator sends commercial information by e-mail or as push notifications only to Users who have given separate consent to this. The consent box is not ticked by default. Consent is not a condition of creating an Account or of buying TripPass. The newsletter is a separate, free service: the contract for its supply is concluded when consent is given and lasts until it is withdrawn. The User can at any time, at no cost, opt out of commercial information by means of the link included in every such message, without signing in, or in the Account settings. The Operator does not send SMS messages.
E-mails from the Operator do not contain tracking pixels, and their links are not routed through redirects that track opens or clicks; links to the Service may contain parameters indicating that the visit comes from an e-mail and from which type of message. Details are described in chapters 5.11(5) and 10.11 of the Privacy Policy.
§ 27. Entrepreneurs with Consumer Rights and other businesses
An Entrepreneur with Consumer Rights has the rights of a Consumer as regards the right of withdrawal from the contract, the conformity of the digital content or digital service with the contract and protection against unfair contract terms. To that extent the provisions of the Terms concerning Consumers apply to such a person accordingly.
A business that is a natural person can, no later than when the contract is concluded, state whether the contract is of a professional nature for that person, in particular by sending a message to support@tripinthai.com before the purchase. Making the statement is voluntary and is not a condition of concluding the contract. Entering a VAT identification number in the Paddle payment form (§ 17(4)(4)) serves to account for tax and does not in itself determine that the contract is of a professional nature for a business that is a natural person.
Purchases of TripPass for a business, with a VAT identification number entered in the Paddle payment form, are accounted for in tax terms by Paddle (§ 17(4)(4)). The accounting for tax by Paddle under the reverse-charge mechanism does not affect the rights of an Entrepreneur with Consumer Rights against the Operator.
To businesses that are not Entrepreneurs with Consumer Rights, § 19 does not apply, the limitation of liability in § 25(3) applies, and disputes are settled by the court having jurisdiction over the Operator's place of residence.
§ 28. Governing law, courts and out-of-court dispute resolution
Polish law applies to contracts concluded on the basis of the Terms. A Consumer whose country of habitual residence is not Poland retains the protection given by the mandatory provisions of the law of that country. Nothing in the Terms excludes or limits the rights of a Consumer under such provisions.
The TripPass Sale Agreement is governed by the law indicated in the Paddle Buyer Terms. The Consumer retains, as against Paddle, the protection given by the mandatory provisions of the country of the Consumer's habitual residence.
A Consumer domiciled in a Member State of the European Union or in a State applying the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, done at Lugano on 30 October 2007 (Iceland, Norway, Switzerland), can bring proceedings against the Operator before a court of the State of the Consumer's domicile or before a Polish court. A Consumer domiciled in another State can bring proceedings before a Polish court or before the court having jurisdiction under the law of the State of the Consumer's domicile. The Operator can bring proceedings against a Consumer only before a court of the State in which the Consumer is domiciled. The Terms do not oblige a Consumer to submit a dispute to arbitration and do not exclude the Consumer's right to take part in group proceedings.
The Operator gives the following information to Consumers from certain countries:
United Kingdom: the Terms do not exclude or limit the statutory rights of a Consumer under the Consumer Rights Act 2015, including the rights concerning digital content and services;
Australia: the Operator's services come with consumer guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010). The Terms do not exclude or limit them;
Switzerland: the choice of Polish law may not apply to contracts concluded with Consumers habitually resident in Switzerland. The law indicated by the Swiss rules of private international law then applies;
California (United States): in accordance with California Civil Code § 1789.3, the Operator informs Users that its name and address are given in § 1, that no telephone number is available and that the Operator can be contacted by e-mail at support@tripinthai.com, that use of the Free Features is free of charge, and that TripPass prices are given on the Pricing Page. Complaints can be filed with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, telephone (916) 445-1254 or (800) 952-5210.
A Consumer can use out-of-court methods of handling complaints and pursuing claims. Using them is voluntary. Proceedings before an entity for the out-of-court resolution of disputes (points 2 and 4) require the consent of both parties. The Operator does not commit in advance to taking part in such proceedings; where a dispute is not resolved after a complaint has been considered, the Operator informs the Consumer whether it agrees to take part in proceedings in the given case and, if it agrees, before which entity (§ 20(8)). A Consumer can in particular:
ask a municipal or district consumer ombudsman (rzecznik konsumentów) or a consumer organisation for free assistance;
apply to the competent provincial inspector of the Trade Inspection (Inspekcja Handlowa) for mediation or for the case to be heard by a permanent consumer arbitration court;
in a cross-border dispute, turn to the European Consumer Centre in Poland or in the country of the Consumer's residence;
use the assistance of the entities entered in the register of entities authorised to conduct proceedings for the out-of-court resolution of consumer disputes, kept by the President of the Office of Competition and Consumer Protection (Prezes Urzędu Ochrony Konkurencji i Konsumentów); information about those entities and the rules of access to them is available at https://polubowne.uokik.gov.pl.
§ 29. Territorial scope, sanctions and equal access
The Service is available worldwide and is intended primarily for people who are planning a trip to Thailand or are staying in Thailand.
The Service is not directed at people staying in mainland China (the territory of the People's Republic of China excluding Hong Kong and Macao) or in the Russian Federation. The Chinese language versions (in simplified and traditional script) and the Russian language version of the Service are intended for people using the Service outside those territories.
TripPass cannot be bought in countries that are subject to sanctions or are not served by Paddle, or by persons and entities entered on the sanctions lists of the European Union, the United Nations, the United Kingdom or the United States. If the Operator receives information from Paddle or from a competent authority that a User is a person or entity entered on a sanctions list of the European Union or of the United Nations, it stops providing paid services to the extent required by sanctions legislation and informs the User of this, unless the legislation does not permit that. The price is refunded to the extent and in the manner permitted by that legislation.
Users from the European Union have access to every language version of the Service and to the prices of every language version on the same terms, without access being blocked and without being redirected to another version because of their nationality, place of residence or location, in accordance with the Geo-blocking Regulation.
§ 30. Changes to the Terms
The Operator can change the Terms only for the following important reasons and only to the extent that the given reason requires:
a change in the law or a decision or ruling of a competent authority that affects the content of the Terms – to the extent of adapting the Terms to that law or ruling;
a change in the services for the reasons indicated in § 21(1) – to the extent of the description of those services;
the need to ensure the security of the Service or to counteract abuse – to the extent of § 5, § 6, § 8, § 13 and § 22;
a change in the terms of the suppliers whose services the Service uses (Paddle, Google, Apple, Amazon Web Services, the App Marketplaces), if that change does not result from a breach by the Operator of the terms of its contract with the supplier – to the extent of the provisions that depend on those terms;
the introduction of new services or features – to the extent of adding provisions that concern them;
editorial corrections that do not change the rights or obligations of Users, for example the removal of clerical errors, the updating of contact details or the updating of the names of suppliers and of technical parameters, if this does not worsen the position of Users.
The Operator gives notice of a change to the Terms by e-mail, on a Durable Medium, and in the Service, at least 30 days before the day on which the changes take effect. The notice contains a list of the changes and the consolidated text of the Terms. Changes that are solely to the advantage of Users, and changes whose earlier introduction is required by the law or by a decision of a competent authority, can take effect within a shorter time.
A User who does not accept the changes can, before the day on which they take effect, terminate the Account Agreement at no cost by deleting the Account or by sending a statement by e-mail. If, at the moment of termination, a TripPass Period is running, the Operator refunds the price paid for TripPass and for Guest Places for the unused days, according to § 23(6), within the time limit in § 23(1), irrespective of the content of the change and of the rule in § 7(3).
Changes to the Terms do not worsen the price or the length of a paid TripPass Period. The scope of the TripPass Features during a paid TripPass Period can change only on the terms of § 21, including with the right to terminate the TripPass Agreement and to a refund under § 21(3). The version of the Terms in force on the day of purchase applies to a TripPass that has been bought; later changes apply to it only where they are to the User's advantage, where the law requires it or where they were introduced on the terms of § 21. Changed provisions of § 8 and § 22 apply only to conduct that took place after the changes took effect.
Earlier versions of the Terms, with the dates on which they applied, are available on request sent by e-mail to support@tripinthai.com. The Operator records which version of the Terms the User accepted.
§ 31. Language and final provisions
The Terms exist in English only. The Operator does not publish translations of the Terms, including the Refund Policy, which is part of them. The Privacy Policy, which is not a contract, is published in the 14 languages of the interface. The interface of the Service is available in 14 languages: English, Thai, Chinese in simplified script, Chinese in traditional script, Japanese, Korean, Vietnamese, German, French, Spanish, Italian, Russian, Polish and Hebrew; this does not change the language of the contract, which is English. Doubts about the meaning of a provision of the Terms are resolved in the Consumer's favour.
Contracts are concluded in English. The interface of the Service, including the Pricing Page and the purchase process, is displayed in the language version chosen by the User. The Paddle payment form is displayed in the language of the version of the Service if Paddle supports it, and otherwise in English. The confirmation of the conclusion of a contract (§ 6(2) and § 17(8)(2)) contains the Terms in English.
A provision of the Terms that proves to be unfair does not bind a Consumer. A provision that proves to be invalid does not bind either party. In both cases the remaining provisions of the Terms bind the parties. The Operator has no right to give a binding interpretation of the Terms.
The Operator can transfer the rights and obligations under contracts concluded with a User to another person or entity only in the following cases:
by universal succession under the law; the User is informed of this on a Durable Medium;
where the Operator transfers the operation of the Service to another person or entity, for example to a company established to operate the Service, provided that the acquirer takes over all obligations towards Users on terms no worse than those resulting from the Terms. The Operator informs the User of this on a Durable Medium at least 30 days before the transfer, and the User can, until the day of the transfer, terminate the contract at no cost and receives a refund of the price of TripPass and of Guest Places for the unused days, according to § 23(6);
in other cases – with the User's consent.
The Terms take effect on 12 October 2026.
Annex 1. Instruction on the right of withdrawal
This instruction concerns the TripPass Agreement and the contract concerning a Guest Place, concluded by a Consumer or by an Entrepreneur with Consumer Rights.
When the right of withdrawal does not apply
TripPass and a Guest Place are digital content that is not supplied on a tangible medium. Before paying, you ticked a separate box in which you expressly consented to the supply beginning before the end of the 14-day withdrawal period and acknowledged that you thereby lose your right of withdrawal. We confirm that consent and acknowledgement in the purchase confirmation e-mail.
TripPass starts as soon as your payment is confirmed. From that moment you have no right to withdraw from this contract and we do not refund the price because you have changed your mind, whether or not you have used TripPass. The same applies to a Guest Place: it can be bought only while your TripPass Period is running, and it is made available as soon as your payment is confirmed.
You have the right of withdrawal in one case only: where the supply has not yet begun because we have not yet switched your TripPass on or, in the case of a Guest Place, have not yet made it available. We do this immediately after the payment, no later than within 24 hours. You cannot buy another TripPass while your TripPass is running, so there is no other case in which the supply begins later. You lose the right of withdrawal at the moment the supply begins, even if 14 days have not yet passed.
Right of withdrawal
In the case described in point 3, you have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract or, if this happens earlier, at the moment the supply begins (point 3). The contract is concluded at the moment Paddle confirms to you that the payment has been made successfully.
To exercise the right of withdrawal, you must inform us (Tomasz Pietruszka, Józefa Lompy 19/2, 50-308 Wrocław, e-mail: support@tripinthai.com) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or e-mail).
You may use the model withdrawal form in Annex 2 to the Terms, but it is not obligatory.
You can also submit your statement of withdrawal electronically by means of the "Withdraw from the contract here" function, available for as long as you have the right of withdrawal on our website tripinthai.com (in the Account settings) and in the TripInThai App (in the Account settings), or through Paddle, using the link in the payment confirmation or the Paddle customer portal at https://paddle.net. If you use the "Withdraw from the contract here" function, we will send you without delay an acknowledgement of receipt of the withdrawal on a Durable Medium (by e-mail); a statement submitted through Paddle is acknowledged by Paddle.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you for this contract, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. The reimbursement will be carried out on our instruction by Paddle, using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
After withdrawal, the TripPass or Guest Place to which the withdrawal relates does not start. If you withdraw from a contract concerning a Guest Place, your TripPass Period that is already running is not affected. Your Account, Favourites and Plans remain.
This instruction concerns only withdrawal without giving a reason. It does not limit your rights where TripPass does not conform to the contract or your other rights to a refund described in the Refund Policy (Annex 3 to the Terms).
Annex 2. Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract and you have the right of withdrawal, that is, where the supply of the TripPass or Guest Place has not yet begun because we have not yet switched it on (Annex 1, point 3). You can send it by e-mail to support@tripinthai.com or by post. Instead of the form you can use the "Withdraw from the contract here" function in the Account.
To: Tomasz Pietruszka, Józefa Lompy 19/2, 50-308 Wrocław, e-mail: support@tripinthai.com
I/We (delete as appropriate) hereby give notice that I/We (delete as appropriate) withdraw from my/our (delete as appropriate) contract for the supply of the following digital content, the supply of which has not yet begun: TripPass 180 / TripPass 365 / Guest Place (delete as appropriate)
Paddle transaction identifier (if known): ……………………
Date of conclusion of the contract: ……………………
Name of consumer(s): ……………………
Address of consumer(s): e-mail address assigned to the Account ……………………, optionally postal address ……………………
Signature of consumer(s) (only if this form is notified on paper): ……………………
Date: ……………………
Annex 3. Refund Policy
The Refund Policy brings together in one place the provisions of the Terms concerning refunds for TripPass and Guest Places. It is part of the Terms (Annex 3). If the Refund Policy and the other provisions of the Terms differ, the provision more favourable to the User applies.
Who sells. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries relating to payments and handles returns. TripPass is supplied by the Operator, Tomasz Pietruszka, who also accepts complaints about how TripPass works and statements of withdrawal from the contract (§ 17(1)–(2)).
No refund for change of mind once TripPass has started. TripPass is digital content that is not supplied on a tangible medium, and it starts as soon as the payment is confirmed. Before paying, the Consumer ticks a separate box, expressly consenting to that immediate start and acknowledging that the right of withdrawal is thereby lost; the Operator confirms this in the purchase confirmation e-mail. Once TripPass has started, the Consumer cannot withdraw from the TripPass Agreement and the Operator does not refund the price because the Consumer has changed their mind, irrespective of whether and how much TripPass was used. The same applies to a Guest Place once its supply has begun (§ 16(1), § 17(3)(4), § 17(7) and § 19(1)–(3)).
When the money is returned. The price, or part of it, is returned in the following cases:
withdrawal from a contract for a TripPass or Guest Place that has not yet been switched on (point 4);
deletion of the Account while the Consumer can still withdraw from such a contract (point 7);
termination of the contract by the Operator for reasons for which the User is not responsible, or the Operator ending the Service or TripPass early (point 8);
lack of conformity of TripPass with the contract (point 9);
a material adverse change to TripPass (point 10);
a payment charged twice or by mistake (point 11);
the other cases set out in the Terms, in particular § 6(3)(6), § 17(7), § 22(3), § 30(3) and § 31(4).
Withdrawal before TripPass has been switched on – full refund. TripPass cannot be bought ahead of time: while a TripPass Period is running, another TripPass cannot be bought for the same Account, and a new TripPass can be bought only after the current TripPass Period has ended. The Operator switches TripPass on immediately after the payment, no later than within 24 hours. Only as long as it has not yet been switched on, and no later than 14 days after the conclusion of the contract, can the Consumer withdraw from the contract without giving a reason; the Operator then refunds the entire price. The same applies to a Guest Place that the Operator has not yet made available (§ 16(5), § 17(7) and § 19(4)).
How to withdraw. Where the right of withdrawal applies (point 4), one unambiguous statement is enough, made by means of the "Withdraw from the contract here" function in the Account on the Website or in the App, through Paddle (the link in the payment confirmation or the portal at https://paddle.net), by e-mail to support@tripinthai.com or in writing to the Operator's address. The form in Annex 2 can be used but does not have to be. The Operator promptly confirms receipt of the statement by e-mail; a statement made through Paddle is confirmed by Paddle (§ 19(5)).
When and how the money comes back. The refund is made promptly, no later than within 14 days of receipt of the statement or of another obligation to refund arising, in the currency of the payment and by the same payment method. The refund is made by Paddle on the Operator's instruction, and the Operator is liable for the amount due being refunded. If a refund by that method is not possible, for example where more than 120 days have passed since a card payment or more than 179 days since a PayPal payment, the refund is made in another way, with the Consumer's consent and at no cost to the Consumer (§ 19(6) and § 23(1)–(2)).
Deleting the Account during a TripPass Period. If the User deletes the Account while a TripPass Period is running, TripPass and Guest Places end with the deletion of the Account and the Operator does not refund the price for the remaining days, also where the Account is deleted within 14 days of the purchase. The Operator displays a clear warning about this before the Account is deleted. Only where, at the moment of deletion, the Consumer can still withdraw from a contract under point 4 does the Operator treat the deletion as a withdrawal from that contract and refund its entire price (§ 7(2)–(4)). This rule does not limit the Consumer's rights where TripPass does not conform to the contract (point 9), on a material adverse change (point 10) or on a change to the Terms (§ 30(3)).
Termination of the contract by the Operator and the ending of the provision of services. If the Operator terminates the contract for reasons for which the User is not responsible, stops operating the Service or stops providing TripPass before the end of a paid TripPass Period, it refunds the price for the unused days (§ 22(4)–(5) and § 23(6)). Stopping the sale of TripPass does not concern TripPass already bought. If the Operator terminates the contract because of the User's breach of the Terms, TripPass and Guest Places end and the Operator does not refund the price for the remaining days (§ 22(4)(2)).
Lack of conformity with the contract. If TripPass does not work in conformity with the contract and the Operator does not bring it into conformity with the contract, the Consumer can reduce the price or withdraw from the contract. The Consumer does not pay for the period of the lack of conformity, and the amount due is returned within 14 days. The loss of the right of withdrawal described in point 2 does not affect these rights (§ 20).
Material adverse change to TripPass. If a change materially and adversely affects the use of TripPass, the Consumer can terminate the TripPass Agreement within 30 days and receives a refund for the days from the day on which the change was introduced until the end of the TripPass Period, according to the formula: price paid × number of unused days ÷ number of days of the TripPass Period, rounded up to the smallest unit of the currency of the payment. Example: for TripPass 365 for which PLN 199 was paid, with 100 unused days, the refund is PLN 199 × 100 ÷ 365 = PLN 54.53 (§ 21(3) and § 23(6)).
Duplicate or erroneous charges and payment disputes (chargeback). An amount charged twice or by mistake is returned; the User can report it to the Operator or directly to Paddle (§ 17(9)). A Consumer can use the procedures of their bank or card issuer; contacting the Operator first is not a condition. A refund of the entire price as a result of such a dispute ends the TripPass (§ 23(3)–(4)).
Wider rights under the law or Paddle's policy. Nothing in the Terms limits the rights that a Consumer has under provisions of the law of the country of the Consumer's habitual residence that cannot be waived or derogated from by contract. Where that law or the Paddle Refund Policy gives the buyer a wider right to a refund than the Terms, the wider right applies (§ 19(9)).
Purchase channel. TripPass and Guest Places are currently bought on the Website, through Paddle; refunds are made by Paddle according to this policy. The purchase channels currently available are shown on the Pricing Page. If you bought TripPass or a Guest Place in an App Marketplace (App Store or Google Play), the sale was made by Apple or Google and a refund is requested from Apple or Google under their rules (§ 24(3)).
Contact. E-mail: support@tripinthai.com; address: Tomasz Pietruszka, Józefa Lompy 19/2, 50-308 Wrocław. We do not provide a telephone number. In matters concerning the payment itself you can also contact Paddle through https://paddle.net.
Instruction and form. The full instruction on the right of withdrawal is contained in Annex 1, and the model withdrawal form in Annex 2 to the Terms. On the separate page of the Refund Policy the Operator publishes them in full, together with the Refund Policy.
Annex 4. Free Features and TripPass Features – reference to the Pricing Page
The scope of the Free Features and of the TripPass Features is variable. The Terms do not list the features or their limits. The single source of information about them is the Pricing Page, which shows at any given time:
the features available without an Account, with a free Account and with TripPass, on the Website and in the App;
any limits that apply to those features;
the current prices of the TripPass Variants and of Guest Places, including the Returning-Customer Price, in the individual language versions and currencies;
the purchase channels currently available (§ 24(3)).
The scope of the TripPass Features and the limits shown on the Pricing Page on the day of purchase are recorded in the purchase confirmation that the Operator sends to the User on a Durable Medium (§ 17(8)(2)). That scope is part of the description of the TripPass bought (§ 4(2) and § 20(1)) and can change during a paid TripPass Period only on the terms of § 21.
A TripPass Guest has the same TripPass Features as the TripPass Owner, except for buying Guest Places. The TripPass Features work on the Website and in the App after signing in to the same Account.
For one Account, a total of no more than 3 Guest Places can be bought (§ 18(5)(1)).