Your contract is with China Adventure Ltd Tours. This Company's
registration number is 440104000074752 and its registered office is at
Yi An Plaza, Suite 13A07 – 33 Jianshe Liu Ma Lu, Yuexiu District,
Guangzhou 510060, P. R. of China. China Adventure Ltd Tours are
hereinafter referred to as ‘the Company’ or ‘we’ in respect of the
Booking Conditions, which apply to all of the tours in our brochure.
The Client or ‘you’– The person whose signature and details appear on the booking form.
The Contract – 1) These conditions of contract, 2) The specific itinerary for the tour on which the client has booked, 3) the application booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Client.
The Date of Departure – the date of commencement of the tour.
Force Majeure – unusual and unforeseeable circumstances beyond the control of the Company, the consequences of which could not have been avoided, even if all due care had been exercised.
1. The Booking Form:
1.1 To make a booking for an escorted group tour with the Company the Client must send a completed booking form and for a tailor-made trip, usually a deposit of 10% per person. In some circumstances we will contact you for interim payments where certain services such as flights have to be secured in advance.
1.2 The Contract between the Company and the Client will be final and binding on both parties with effect from the date that notification of the acceptance of the deposit (when applicable) has been sent by the Company to the Client.
1.3 We reserve the right for whatsoever reason to return the deposit to the Client and refuse acceptance of the Client’s application. The Contract is subject to the following terms and conditions.
2. Balance of Payment:
2.1 The Client will pay the balance of the tour price and any visa cost (where applicable) no less than 45 days before the departure date. If the booking is made less than 45 days before the relevant departure date the Client must pay the tour price in full on booking.
2.2 In the case of international payments the Client will ensure that the full amount is received by the Company after all bank charges have been levied.
3. Failure to pay the Balance of Payment when due:
If the balance of the monies due from the Client to the Company is not paid 45 days prior to departure, we will treat the Contract as cancelled by the Client and retain the deposit (where applicable).
4. Passports, Visas and Health Matters:
Medical vaccinations, passports, visas etc. are entirely your responsibility and must be arranged prior to departure. We can take no responsibility for cancellation of your trip in the event that you are not allowed to fly, or continue your tour. If you are unable to travel due to not being able to obtain (or not having) the appropriate visa we reserve the right to retain the cost of the trip. If we are arranging your visa for an administration fee and this is refused, the administration fee will be non-refundable.
5. Cancellation By The Client:
5.1 The Client acknowledges that payment for the tour is an intrinsic part of the tour’s income and contributes to the overall cost of equipment, running costs, staffing, administration etc., and that the Company will have incurred the largest part of its costs before the actual date of departure. Cancellation by the Client must be in writing.
5.2 Deposits are non-refundable. If you cancel your booking, cancellation charges will be imposed as shown below:
a) 45 days or more prior to departure – loss of deposit
b) 45-30 days before departure – 30% of tour cost
c) 30-15 days before departure – 60% of tour cost
d) Less than 15 days – 100% of tour cost
All cancellations must be in writing and be made by the person who signed the booking form.
5.3 Any payments for flights are non-refundable.
5.4 After the Departure Date, no refund for any unused portion or part of the tour or services to be provided will be given. If the Client of their own volition makes any alteration to or departs from, any portion of part of the tour, such alteration or departure will be entirely at the Client’s expense and liability and the Client will forthwith communicate in writing the reason for leaving to the tour guide.
6. Cancellation By The Company:
6.1 The Company reserves the right to cancel the Client’s tour, however, the Company will normally not do so unless forced to do so by virtue of unforeseen circumstances such as flight cancellations, civil or political unrest or ‘force majeure’ or on group tours where minimum numbers have not been reached.
6.2 In the event of cancellation caused by unforeseen circumstances such as flight cancellations, civil or political unrest or ‘force majeure’, the Company will only reimburse monies that it can retrieve.
6.3 In the event of cancellation caused by a group not reaching minimum numbers (an amount which will be determined by The Company), then the Company shall notify the Client not less than 45 days prior to departure that the minimum numbers have not enrolled and the tour is cancelled, in which case we will offer you an alternative tour of an equivalent or lesser price. If this is not acceptable, the payments made to the Company in respect of the tour (with the exception of monies paid out for international flights where cancellation charges may apply), shall be reimbursed.
6. 4 In the event of any cancellation, the Company will not accept liability for any incidental expenses that the Client may incur as a result of cancellation or for any other loss or damage howsoever caused arising out of cancellation. In all cases it is up to the Client to have suitable insurance to cover any additional losses not covered by the Company’s policy of reimbursement due to cancellation.
7. Foreign and Commonwealth Office Advice:
7.1. The Client acknowledges that they are responsible to make themselves aware through Foreign Office advice, State Department warnings and any other sources available to them in regard to the safety of the countries and areas in which they will be travelling and to make their decisions accordingly.
7.2. Whilst we will do our best to inform clients of relevant changes to the Foreign Ministries Travel Advice, it is up to the Client, and not the Company, to know what the Foreign Ministry travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. The Company accepts no liability if the Client a) chooses to cancel a booking because of Foreign Ministry advice or b) is not adequately insured to travel. The Company will not normally cancel a trip simply because the Foreign Ministry advise against travel.
8.1 The price of your holiday is subject to surcharges on the following items: Government action, currency, fuel for road vehicles and increase in scheduled airfares and hotel charges. Even in these cases, we will absorb an amount equivalent to 3% of the holiday price, excluding insurance premiums and any amendment charges. Only amounts in excess of this 3% will be surcharged. If this means paying more than 10% on the holiday price you will be entitled to cancel your tour within 14 days of the invoice issue date, with a full refund with the exception of any insurance premium paid and your deposit.
8.2 Prices quoted by the company are subject to change if booking less than 8 weeks prior to departure; if the flight price has increased at the time of booking we reserve the right to pass this surcharge to the client.
9. Transfer of booking by the Client:
9.1 If prior to 90 days before departure, the Client wishes to transfer from the tour they have booked to another available one, a transfer fee of $20 USD is payable and any additional costs incurred by the Company in respect of that change. The Company will consider discretionary waiving of the transfer fee if the transfer is to a tour departing no later than the original tour booked.
9.2 Any transfer made by the Client later than 90 days prior to departure will be subject to the Company’s discretion and subject to a $20 USD administration fee and any additional costs incurred by the Company in respect of that change. If for any reason the Company deems the transfer unfeasible then conditions relating to cancellation by the Client apply. (See Paragraph 5)
9.3 Where the Client is prevented from proceeding with the tour, the Client may transfer the booking to a person who satisfies all the conditions applicable to the tour, having first given the Company notice as soon as possible of their intention. The Transferee will sign a new Booking form, and pay the transfer fee as defined in this Clause.
9.4 The Client and the Transferee shall then be jointly and severally liable to the Company for payment of the balance due under Clause 2 above and for any additional costs arising from such transfer.
10. Changes by the Company:
10.1 It is unlikely that the Company will have to make any changes to our published itineraries, but the arrangements are planned many months in advance. Occasionally changes may occur without prior notice, which the Company reserves the right to do at any time. A published itinerary constitutes only an indication of what the tour is planned to accomplish and is not to constitute a contractual obligation on the part of the Company.
10.2 The Client agrees that the nature of the tours offered by the Company require a degree of flexibility and that the contents and timings of the tour (including the arrival time at the tour’s destination, changes in route or method of transport) may be materially and consequentially effected as a result of Force Majeure, weather, local political conditions, natural disasters (including landslides, quakes and severe flooding), strikes, entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances. You must be prepared to accept this flexibility and to accept that we cannot be held responsible for delays and alterations in the schedule, or for expenses incurred as result of any delay or alterations arising from any such circumstances.
10.3 When a major change becomes necessary before the tour departure notification of such alterations will be sent to the client's last known address (email or postal) as soon as the Company becomes aware.
10.4 If a major change to an itinerary is necessary prior to commencement of the tour – including a date change – the Client will have the choice of either accepting the change of arrangements, taking another available tour from the Company, or cancelling the tour and receiving a full refund provided that the major change is not due to flight cancellations, civil or political unrest or ‘force majeure’ or any other reason beyond the control of Company, and provided they do so within 21 days of notification.
10.5 However the Company reserves the right to alter itineraries after departure, without refund if it is believed by the Company to be in the interest of the client to do so. If an itinerary has to be changed during a tour, it will be up to the Company to decide the new itinerary. Should a Client choose not to participate in the revised itinerary they will be asked to sign off the tour, and although all reasonable help will be given to facilitate their personal plan, no refund or compensation will be payable in respect of any unused hotel accommodation, air tickets or any other services on a Tour.
11. Company and Client Responsibility:
11.1 The Client’s booking is accepted on the understanding that they realise the potential risks and hazards that can be involved in tours of this kind including injury, loss or damage to property, discomfort and inconvenience. The Client also realises that they may travel to remote areas where possible problems may include: forces of nature; terrorism; civil unrest; war and accidents. The Client also assumes any associated risks with altitude, illness, disease and physical exertion knowing that access to evacuation and/or suitable medical supplies and support may not always be available.
11.2 Mode of Transport: For each tour, China Adventure Tours will use locally arranged transport including jeeps, coaches, trains, buses, river craft or helicopters as shown in the specific tour itinerary.
a). The Client agrees that the obligation of the Company to the Client is to select competent, independent sub-contractors to provide reasonable transport given local conditions and any other services related to the Tour and to exercise reasonable care in selecting such suppliers.
b) The Client’s booking is accepted only on the understanding that safety standards in the developing world are not the same as in their own country and things like safety belts are often not available.
11.3 Accommodation: We do our best to provide interesting and safe accommodation, however the Client’s booking is again only accepted on the understanding that safety standards in the developing world are not the same as in their own country and things like fire escapes may often not be available.
11.4 Where the Client does not suffer personal injury, and is not as a result of ‘force majeure’, the Company accepts liability should any part of the tour arrangements booked with the Company not be supplied as described in the itinerary. In addition we do not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the failure in the tour arrangements was the client’s fault, the actions of someone unconnected with the tour arrangements or could not have been foreseen or avoided by the Company or its suppliers even if all due care had been exercised. Where the Client does suffer personal injury or death as a result of an activity forming part of the tour arrangements booked with the Company, the same rules shall apply.
11.5. Our responsibility does not start until you meet the group at the designated start point overseas; usually the airport in the city at the start of the trip or the joining hotel. We are not responsible for any additional expenses incurred by you in getting to the meeting point.
12. Travel Insurance:
12.1. The Client will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third party liability insurance in respect of the Client and dependant relatives, and insurance to cover loss of, damage to or theft of the Client’s baggage, no later than the date on which the balance payment is due. The tour is a journey of a hazardous nature and the Client must be satisfied that such insurance fully covers all personal requirements including medical expenses, repatriation, helicopter rescue and air ambulance in the event of accident or illness.
12.2. The insurance policy and the receipt of premiums paid there under will be produced to the Company prior to departure and to the tour guide on day one of the tour. If you join the holiday without adequate insurance you may not be allowed to continue on the holiday, with no right to refund. If circumstances give rise to a claim the client will forthwith pursue their remedies under such policy(ies).
12.3. The Client will also produce to the Company prior to departure the details of the name, address and telephone numbers of their next of kin or persons to be notified in the event of an emergency.
12.4. The insurance cover should extend for the planned duration of the tour and at least an additional day.
13. Acceptance of Risk:
The Client acknowledges that there is a significant element of personal risk in participating in the tour. The Client accepts and consents to the personal risks inherent in the implementation of this Contract, and accepts the limitations of the Company’s liability set out herein as being reasonable. The Company reserves the right at any time to require the Client to produce a doctor’s certificate certifying that the Client is fit to participate in the tour.
14. Company Tour Leader:
The Company will appoint the Tour Leader(s) who will represent the Company, and the Client agrees to accept the decisions of the Tour Leader who shall have absolute discretion and authority to secure implementation of the Company’s obligations under the Contract. If your physical condition or behaviour is such as to affect the well-being of yourself or other members of the group, you may be asked to leave the tour without any right to refund.
15. Compliance with Legislation:
The Client will comply at their expense and their liability with all legislation, visa requirements, and immigration, customs and foreign exchange regulations of the countries visited. Should there be any failure to comply or any contravention by the Client of such laws, requirements or regulations, subject to the provisions of this Contract, the Company shall have the right to require the Client to leave the tour without recourse to refund or other compensation.
16.1. We will always endeavour to resolve a complaint as it arises. In order to do this we need to be made aware of the complaint. The Client agrees to the following procedure:
16.2. The Client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated to the Company’s Tour Guide or in the case of a Tailor-Made tour with the Company’s local office or the Company’s overseas agents as soon as possible. The Company and the Client will then make prompt efforts to resolve the complaint.
16.3. The Client agrees to give written details of any unresolved serious complaint to the Tour guide.
16.4. In the event that the complaint remains unresolved then the client agrees to set out their complaint in writing to the Company within 7 days of completion of the tour.
16.5. The Client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Companies discretion, exclude any rights arising out of this Contract.
17. General Conditions:
17.1. No person, save with the express permission in writing of a company director of China Adventure Ltd Tours has the authority or is empowered to waive or vary any of the conditions.
17.2. The Client acknowledges that prior to Contract they have been given general information on passport and visa requirements for the tour and of the health formalities required, and knows of no reason that would cause the client to be unable to comply with these requirements.
17.3. This Contract shall be construed in accordance with Chinese law and the parties irrevocably submit to the exclusive jurisdiction of the Iranian Courts to settle any disputes, which may arise out of or in connection with this Contract.
18. Consumer Protection:
China Adventure Ltd Tours is fully bonded and licensed by GTMA (Guangzhou Tourism Ministry Administration) in respect of all tours in this brochure or website, which do not include air travel. Under the terms of the bond, monies are secured by a bank guarantee.