23/01/2019

Terms of Service (ToS) | Bookings

Terms of Service for Bookings Services

UNDERSTANDING EACH OTHER

in order to enjoy working together


Terms of Use

Angkor Films welcomes you (“you”) to its website and mobile application (the “Site”). The terms “Angkor Films”, “we” or “us” refer to Angkor Films and the term “Angkor Films Group” collectively refers to Angkor Films and its network of affiliates and vendors (the “Alliance” or “Ally(ies)”), including but not necessarily limited to Angkor Films.

References to the Site are deemed to include derivatives thereof, including but not necessarily limited to websites and applications, whether accessed by mobile phone, tablet or other device. The Terms of Use –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online bookings, customer service requests or otherwise. By accessing, browsing and using the Site and/or by making a booking through Angkor Films, you acknowledge and agree having read, understood and agreed to the Terms of Use.

The terms and conditions set out below and the Policies are collectively referred to as the “Terms of Use”. If you do not agree to the Terms of Use, please cease use of the Site immediately. The Terms of Use – as may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and Angkor Films with respect to its subject matters unless explicitly stated otherwise.

  1. We provide an online platform through which you can browse different types of media services, including but not necessarily limited to photography, videography, digital advertising, film / video production & post-production, freelance local photographers, photographic studios, film crew and rentals, etc. (collectively, the “Media Service(s)”) and make reservations with such Media Services for a fee (the “Booking Fee”), including already making payment for such reservations of Media Services in advance with a credit card, debit card or such other payment method to facilitate the processing of such payment (“Payment Instrument”).
  2. By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site. This shall become a binding contract pursuant to the Terms of Use when accepted by our Ally and consequently Angkor Films.
  3. You will receive proof of the confirmed Media Service booking via an e-mail confirmation (with a voucher for prepaid Media Service(s)),which means the reservation has been confirmed by the Ally providing that Media Service. The “Thank You page” means your reservation request has been received and is complete for final processing, no further action is required by you.
  4. When rendering our services, the information that we disclose about Media Services is based on the information provided to us by our suppliers, vendors or providers (including but not necessarily limited to our Allies, their representatives, partners, etc.). As such, our Allies or their representatives are given access to an additional platform or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, service policies and other information which is displayed on the Site.
  5. Each Ally remains responsible at all times for the accuracy, completeness and correctness of the Media Service information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Ally.
  6. When a search result indicates that a particular Media Service has no more dates available, that means the date is not available for reservation through Angkor Films.
  7. The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Media Service listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Media Service listed on the Site.
  8. Angkor Films currently has a “Recommended Partner” program whereby certain selected Allies have the opportunity improve their visibility on the Site through paid sponsored listings. Such Recommended Partner listings will be marked or contain wording for clarity.
  9. We reserve the right not to accept you or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting you or booking include, but are not limited to: Alliance’s request(s), reselling of Media Services booked through the Site on an individual or mass basis without our prior written approval (“Reselling”), breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, Payment Instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations (USA, EU, UN, Cambodia), etc.
  10. In case a booking is rejected or cancelled by Angkor Films and a payment has already been made, you will receive a refund of the total booking value, except in the case of unauthorized Reselling or in any other appropriate case that we determine in our sole and absolute discretion where we reserve the right not to refund the total booking value or any part thereof. Refunds will not be issued in the event of unauthorized Reselling.
  11. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user.
  12. In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, etc.) which a reasonable person would not consider to be normal. Whether to cancel or reject a booking for this reason is in Angkor Films’s sole discretion.
  13. Angkor Films grants you a limited, restricted, personal, non-transferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Angkor Films or its Alliance.
  14. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Angkor Films and acknowledge that Angkor Films may use these details to contact you in the event that this should prove necessary.
  15. By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.
  16. Please note that all prices on the Site are for your Media Service booking only and are for the requested dates and for the number of people indicated, unless indicated otherwise.
  17. Insurance of any kind is never included in the rates. You are solely responsible for having your own active/valid insurance plan and that for your group (e.g. wife and children, employees, etc.). You are strongly advised to take insurance.
  18. The Ally may also refuse to accept additional people if not duly informed in advance.
  19. Needless to say, optional incidental fees and personal consumptions are almost never included, for example, parking charges, minibar charges, phone calls, accommodation, food & beverage, etc.
  20. Please note that Angkor Films does not organize any Media Service transportation, this is always organized by and offered by or on behalf of the Ally, who is responsible for such transportation services, not Angkor Films. Angkor Films does not assume any liability for the quality, safety, frequency or service levels of such transportation services.
  21. Please note that all prices on the Site are set by our Allies, unless otherwise indicated.
  22. The prices shown in Angkor Films listings are based on rates set by our Allies in their country currency or United States Dollar. If your Payment Currency is a different one, certain additional exchange and/or processing fees may apply. Such fees are not set by Angkor Films, but by the payment processing providers involved (e.g. PayPal, Visa, etc.).
  23. Certain Payment Instrument companies charge their member banks a fee for processing “foreign transactions”. If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of Angkor Films.
  24. Our prices do not include taxes. You are solely responsible for paying your taxes, depending on your jurisdiction.
  25. Angkor Films relies on established third-party worldwide payment gateways to process your transactions, such as PayPal Holdings, Inc. Therefore, we never collect nor handle your financial information, for example, credit or debit card numbers.
  26. In order to safeguard and encrypt your Payment Instrument information when in transit to us, we use the “Secure Socket Layer (SSL)” technology for our services. Please note that your bank may impose additional fees on the transaction, over which Angkor Films has no control.
  27. In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Angkor Films, please contact our Customer Service team immediately.
  28. In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
  29. You undertake that the details you provide us with in making a booking are fully correct. Angkor Films reserves the right not to accept certain Payment Instruments. Angkor Films may add or remove other payment methods at its discretion.
  30. We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking.
  31. Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that a Media Service could become fully booked during the fraud check, in which case the reservation will no longer be available. Angkor Films can never be held liable in such cases.
  32. By making a Media Service reservation on our Site, you accept and agree to the relevant Media Service booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Media Service that may apply to your reservation. Please note that you may be charged for your cancellation in accordance with the Ally’s cancellation and no-show policy.
  33. You may cancel your booking anytime. It is refundable if you cancel within 24 hours of placing your booking. You’re also eligible for a refund if you cancel more than 30 days before the booking is scheduled to start. In both cases, you will get a full refund of the amount paid minus any payment processing, foreign currency conversion and/or other incidental fees (between 10%-20%). Regardless of the Media Service’s cancellation policy, Angkor Films will keep 100% of the “Booking Fee” as a penalty for “Late Cancellation” or “No-Show”.
  34. If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the Media Service and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by Angkor Films.
  35. By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your experience with the Media Service, followed by one or more reminders. Completion is optional.
  36. By displaying Media Services in particular locations, Angkor Films does not represent or warrant that visits to such points are advisable or risk-free and Angkor Films can never be held liable for damages or losses that may result from visits to such destinations.
  37. Angkor Films can under no circumstances be held liable for any incidents occurring during your experience with the Media Service. Angkor Films is solely responsible for the booking platform and, thus, fhe booking service only, not for the Media Services carried out by our vendors or partners themselves.
  38. It is your responsibility to carry with you whatever personal documents might be required on site.
  39. You agree to allow us to collect information about you and any partner being part of the service that Angkor Films is providing directly or indirectly, in accordance with our Privacy Policy.
  40. If you have complaints about Angkor Films’s service, you can contact our Customer Service team via one of the methods described here. We will do our very best to help you.
  41. Please note that any complaints about the Media Service (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Media Service itself. Angkor Films will coordinate directly with the Media Service to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome.
  42. Angkor Films does not warrant or make any representations that the Site will operate error-free or uninterrupted, that defects will be corrected, or that the Site and/or its servers will be free of viruses and/or other harmful components.
  43. Angkor Films does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Site for any purpose, including software, products, services, information, text and related graphics content.
  44. Unless Angkor Films is at fault for intentional or willful misconduct, or gross negligence, Angkor Films is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of reservations or, any computer virus or other technical defect, whether human or technical in nature.
  45. Limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Angkor Films shall bear the liability to the extent set forth in the relevant laws.
  46. To the extent permitted by law, in no event shall Angkor Films companies, including their respective officers, directors, employees, representatives, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents (collectively the “covered parties”), be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages or losses whatsoever, including but not limited to: (where relevant, caused by): (i) loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, inconvenience , stress, distress, loss of claim, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, delay, performance or non-performance of the Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service, including services rendered or products offered by the media service, (partial) cancellations or overbookings; (v) errors or inaccuracies contained on the Site or any information (including but not limited to the (descriptive) information (including rates, availability and ratings) of the media service as made available on the Site), software, products, services, and related graphics obtained through the Site; (vi) any transactions entered into through the Site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Site or any Site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Site, any use, delay or inability to use the Site, or any information, products, or services obtained through the Site; or (ix) any (personal) injury, death, property damage, or other damages attributable to the media service (its employees, directors, officers, agents, representatives or affiliated companies) (x) any damages caused by a force majeure event. the limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a covered party has been advised of the possibility of damages. A force majeure event is any event beyond the covered parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. no responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No covered party shall be responsible for any media service’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any covered party be responsible for any other wrongdoing of an Ally (including any liability in tort), as to any products and/or services available through the Site. Angkor Films does not guarantee continuous access without interruption to the Site.
  47. Angkor Films will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant service. To the extent permissible pursuant to the relevant applicable laws, and without prejudice to the limitations set out in the Terms of Use, the liability of Angkor Films, in the aggregate, will not exceed the lesser of (a) the aggregate cost of your reservation Booking Fee as set out in the confirmation email (whether for one event or series of connected events) or (b) fifty United States dollars. In case of an overcharge or mischarge caused by Angkor Films, you can make a claim regarding all erroneous charges notwithstanding what is set out above.
  48. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered.
  49. Angkor Films does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Media Services. Allies (vendors, providers, suppliers, etc.) are liable and responsible for providing their services to people who have booked through our Site.
  50. You agree to indemnify, defend and hold harmless Angkor Films, their subsidiaries and other affiliates, and their partners, payment service providers and other applicable third parties from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of (i) any breach or non-compliance by you of any law or any term of these Terms of Use, (ii) any action, inaction or omission by you, or (iii) any dispute or litigation caused by your actions, inactions or omissions. If you use the Site for or on behalf of a third-party (“Third-party”), such as a family member or a friend, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Angkor Films harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party’s or the user’s failure to fulfill any of its obligations as described above.
  51. You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Angkor Films cannot be held liable in case a Media Service or Ally refuses to service you for legal or regulatory reasons.
  52. The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.
  53. Angkor Films reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof. In the event of termination of the Site, the reservations made via Angkor Films will still be honored unless you receive a notification. You will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Angkor Films shall not be liable to you or any third-party for any termination of your access to the Site. Angkor Films reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. Allies have the right to change their offerings and this is outside Angkor Films’s control.
  54. Failure by Angkor Films to enforce a right does not result in waiver of such right. You may not assign or transfer your rights unless agreed by us. We reserve the right to freely assign the Terms of Use and the rights and obligations hereunder. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions. Your bookings will be governed by the then current applicable Terms of Use at the time of your specific bookings.

Phnom Penh (Kingdom of Cambodia), January 1st, 2019.


When in doubt, please feel free to contact us.