Terms and Conditions

Angkor Eye Company Limited

Standard Terms & Conditions of Use

All persons riding on the Angkor Eye, and/or visiting the Ferris wheel’s premises on National Road 6, Krous Village, Siem Reap, Kingdom of Cambodia (“the premises”), shall do so subject to the following terms and conditions.

1. Agreement with Angkor Eye Company Limited

1.1. Your use of or access to Angkor Eye Company Limited (“AECL”) products, services, the Premises, the Wheel and web sites (referred to collectively as the “Services”) shall be subject to these terms and conditions. AECL is a company incorporated in Cambodia.

1.2. By making use of or accessing any of the Services, including but not limited to riding on the Angkor Eye, and/or visiting any part of the Premises, you hereby agree to adhere to these terms and conditions.

2. Use of the Services

2.1. You agree to use and/or access the Services only for purposes that are permitted by (a) these terms and conditions and (b) any applicable law or regulations in Cambodia.

2.2. You agree not to use or access (or attempt to use or access) any of the Services by any means other than through the Premises or with AECL’s express consent.

2.3. You agree that you will not engage in any activity that interferes with or disrupts, or may or is likely to cause interference or disruption to, the Services.

2.4. Unless you have been specifically permitted to do so in a separate agreement with the Angkor Eye, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the Services for any purpose.

3. Ticketing

3.1. Tickets sold by AECL are non-refundable, non-exchangeable, non-extendable and non-transferable. All tickets sold by SLPL shall only be changed or replaced at the absolute discretion of SLPL. All requests and applications for refunds must be made in writing to AECL. AECL may consider refund of tickets only in exceptional circumstances. AEL reserves the right not to accede to any requests for refunds without assigning any reason therefor.

3.2. Unless otherwise permitted by AECL, all persons riding the Flyer must pay for admission before boarding the Flyer. Tickets must be retained by the ticket holders at all times and presented for inspection whenever required by any employee or agent of AECL. Any person attempting to gain admission to the Angkor Eye without a valid ticket will be refused entry or will be required to purchase a valid ticket before gaining entry.

3.3. Tickets may not be resold without the prior written consent of AECL. AECL shall retain the sole discretion to refuse entry to any person or to remove any person from the Premises or the Angkor Eye (as the case may be), without refund or compensation to such person(s) affected, if AECL reasonably believes that the ticket held by such person has been resold without AECL’s prior consent.

3.4. Only ticket holders holding tickets purchased from AECL’s authorised representatives, agents and personnel will be permitted to board the Angkor Eye. If you have any doubt or any query , please contact AECL by email at reservation@angkoreye.com or approach AECL staff at the ticketing counter for assistance. In the event of any ticket fraud, no refund of tickets or entry to the Angkor Eye will be allowed by AECL.

3.5. AECLL retains the right to sell tickets for admission to the Angkor Eye to third party agents, who may, in turn, sell the tickets to you. A copy of these terms and conditions is available at all ticket counters at the Premises and on AECL’s website at www.angkoreye.com.

3.6 aecL shall not be liable to you or any other person, for any loss or damage which may arise out of or in connection with or as a consequence of the acts or omissions of any third party including, but not limited to, loss of profit, expense, cost, goodwill, reputation, distress, inconvenience, anxiety, damage to or loss of property or items belonging to you or any other person, or for any personal injury which you or any other person may suffer (save where such personal injuries which may be caused by AECL’s or its employees’ negligence).

4. Flights on the Angkor Eye

4.1. The maximum number of persons allowed on each Angkor Eye Cabin is 4. Unless a “private cabin” has been booked, AECL has the sole discretion to allocate you and any other persons travelling with you in a group to different cabins and you agree and acknowledge that not all the members in each group (regardless of number of persons) will be able to travel in the same cabin.

4.2. Children aged 13 and below must be accompanied by an adult on the same flight.

4.3. You are required to arrive at the Angkor Eye’s boarding entrance no later than 30 minutes prior to your flight time stated on the ticket issued to you (where applicable). Latecomers will only be admitted to the Angkor Eye at AECL’s discretion and subject to space availability.

4.4. You agree to abide by all instructions given or issued by AECL or its employees at all times. AECL reserves the right to refuse entry to or require a person to leave the Angkor Eye or the Premises (without refund or compensation) if such person –

4.4.1. has behaved in a manner which, in the opinion of AECL has, or is likely to affect the safety or enjoyment of other visitors;

4.4.2. has used threatening, abusive or insulting words or has behaved in any way which provoke or may result in a breach of the peace, is disorderly or is disruptive to other persons at the Angkor Eye and/or the Premises;

4.4.3. has failed to comply with any part of these terms and conditions or any instructions given or issued by AECL or its employees; or

4.4.4. is or appears to be under the influence of drugs or alcohol.

4.4. To ensure, as best as possible, the safety and security of all persons present at the Angkor Eye and the Premises, you agree to be subject to AECL’s prevailing security measures, including but not limited to a search of your belongings or yourselves when required to do so.

4.5. You are prohibited to take onto the Angkor Eye and/or the Premises any weapons, fireworks, smoke bombs, glass bottles, flammable liquids, or other articles of a dangerous or hazardous nature or which may cause injury.

4.6. Littering is strictly prohibited. Without restricting the scope of prohibition against littering, the throwing of any article which could cause injury or annoyance is strictly prohibited even if such article is thrown into litter bin(s) provided. Strict restrictions apply to certain articles which are set out in the list attached.

4.7. Large baggage and other bulky items are not permitted to be carried onto the Angkor Eye and must be stored at the Security Counter prior to your admission to the Angkor Eye.

4.8. Smoking is strictly prohibited on the Angkor Eye and is permitted only in designated areas at the Premises.

4.9. No food or beverage of any nature may be consumed on the Angkor Eye, unless specially arranged and catered for by AECL.

4.10. No pets or animals of any nature are allowed on the Flyer, except for guide dogs, hearing dogs or any other kind of service dogs.

4.11. The making of unnecessary noise (such as that from the use of radio sets and other electrical equipment) or any behaviour which causes or is likely to cause annoyance to other visitors is strictly not permitted on the Angkor Eye or within the vicinity of the Premises.

5. Exclusion of warranties

5.1. AECL will use its reasonable endeavours to ensure that the Angkor Eye is open for use during its normal operating hours. Notwithstanding the foregoing, AECL reserves the right, in its absolute discretion, whether for safety medical and/or emergency reasons or otherwise, and with or without prior notice, to cancel, close, postpone, slow down, interrupt or stop any flight operation or any part of the Angkor Eye and/or the Premises. AECL also reserves the right to cancel, close, postpone, slow down, interrupt or stop any flight operation or any part of the Angkor Eye and/or the Premises in the event of any road closures or the taking place of any events of national interest. Where such cancellation, closure, postponement, slowing down, interruption or stoppage as set out in this clause takes place, AECL will refund you the cost of your prepaid ticket, but otherwise AECL shall not be liable to you for any loss or damage which you may suffer by reason of the cancellation, closure, postponement, slowing down, interruption or stoppage of any flight operation or any part of the Angkor Eye and/or the Premises, including, but not limited to, any travel or accommodation expenses or any other expenses of any nature whatsoever.

5.2. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided by AECL on a “as is” and “as available” basis. In particular, AECL does not represent or warrant to you that:

5.2.1. your use of the Services will meet your requirements;

5.2.2. your use of the Services will be uninterrupted, timely or secure; or

5.2.3. your view of the surrounding areas whilst on the Angkor Eye will be clear or unobstructed, whether due to inclement weather or otherwise.

5.3. You further understand and agree that you shall voluntarily assume all risks and danger incidental to your use of the Services and/or access to the Angkor Eye and/or the Premises, whether occurring prior to, during or subsequent to the actual flight on the Angkor Eye, including any death, personal injury, loss, property damage or liability, save in the case of death or personal injury due to the negligence of AECL.

5.4. You further warrant that you are medically fit to use the Services (including taking a flight on the Angkor Eye) and/or to access any part of the Premises, and you have obtained prior medical clearance (where applicable) before using any of the Services or accessing any part of the Premises. In the event you suffer from any medical condition, including but not limited to fear of heights, claustrophobia or other medical conditions that may be aggravated by taking the Angkor Eye, you are advised not to take the Angkor Eye without having obtained prior medical clearance. In the event of medical emergencies where the wheel has stopped, you understand that evacuation would take some time to bring the affected passenger in the cabin to an ambulance vehicle.

5.5. AECL reserves the right, in its sole discretion, to stop or prevent you, should you appear to be pregnant or suffering from any medical condition, from taking any flight on the Angkor Eye or to access any part of the Premises if it would be, in the reasonable opinion of AECL, in the interest of your safety. In such an event, AECL will refund to you the cost of your prepaid ticket, but otherwise AECL shall not be liable to you for any loss or damage which you may suffer arising out of the cancellation, closure, postponement, slowing down, interruption or stoppage of any flight operation or any part of the Angkor Eye or any part of the Premises, including, but not limited to, any travel or accommodation expenses or any other expenses of any nature whatsoever.

5.6. AECL further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, in respect of any of the Services provided by AECL at the Agnkor Eye or at the Premises.

6. Indemnity

You agree to indemnify and hold harmless AECL against all claims, demands, actions, judgements, damages, losses, costs and expenses of any nature which AECL may suffer or incur for any death, injury, loss or damage caused by any negligent act or omission in your use of the Services, the Angkor Eye and/or the Premises or non-compliance with any of these terms and conditions.

7. Limitation of liability

Other than liability for death or personal injury resulting from AECL’s negligence, neither AECL, its employees nor its agents shall be liable to you for any loss or damage suffered by you, directly or indirectly, howsoever arising, including, without limitation, any loss, damage, expense, cost, profit, goodwill, reputation, distress, inconvenience or anxiety, which may arise out of or in connection with your use of any of the Services (including but not limited to taking flights on the Angkor Eye) or your access to any part of the Angkor Eye and/or the Premises. [AECL may at its discretion provide medical or other form of assistance on a goodwill basis. The provision of such assistance shall in no event amount to or be construed as an admission of liability by AECL of the death, injury, loss, damage or inconvenience sustained.]

8. Intellectual Property and Information

8.1. You agree and accept that all the information (such as documents, data, information, descriptions, names, logos, graphics, images, software, music, audio files or other sounds, photographs, videos or other images) (hereinafter referred to as “the Information”) which you may have access to as part of, or through your use of the Services, or access to the Angkor Eye or the Premises are owned by AECL and/or its licensors.

8.2. You acknowledge and agree that AECL and/or its licensors own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by AECL and that you shall not disclose such information without AECL’s prior written consent.

8.3. You may not reproduce, distribute, adapt, modify, republish, display, broadcast, hyperlink, frame or transmit in any manner or by any means or store in an information retrieval system, any part or parts of the Information without the prior written permission of AECL.

8.4. You may not, without the permission of AECL, insert a hyperlink to any of the content on AECL’s website at www.angkoreye.com on any other website or “mirror” any Information contained on AECL’s website on any other server.

8.5. Nothing herein shall be construed as AECL granting, by implication, estoppel, or otherwise, any license or right to you to use any of the Information displayed on AECL’s website, without the written permission of AECL.

8.6. From time to time AECL or any party authorized by AECL may carry out photography and/or video recording and/or other monitoring on or in the vicinity of the Angkor Eye or the Premises, including of all visitors and/or ticket holders. You hereby grant to AECL and such party authorised by AECL the rights, in perpetuity and throughout the world, to use such images for promotional, advertising, publicity or other purposes and in any format or media whatsoever. You further acknowledge that copyright in these materials shall vest in and belong to AECL or such party authorised by AECL (as the case may be) and you waive any moral and/or other rights which you may have in or to such materials.

9. General terms

9.1. Governing law – The terms and conditions shall be governed by, and construed in accordance with, the laws of the Kingdom of Cambodia.

9.2. Severance – If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

9.4. Non-assignment – You cannot assign, or otherwise transfer any of your rights or obligations under these terms and conditions. AECL may assign or transfer any of its rights or obligations under these terms and conditions to such third parties as it deems fit.

9.5. Non-waiver of rights – Failure by AECL to exercise any of its right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.

9.6. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

9.7. No third party rights – No third party shall have any right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of these terms and conditions.

9.8. Changes to these terms – AECL reserves the right to amend these terms and conditions at its discretion without prior notice.