BY SIGNING THIS DOCUMENT AT YOUR OWN DISCRETION AND WITH PRECAUTION YOU ARE AWARE OF AND BOUND BY THE CONTENT UNDER MENTIONED. IF YOU DO NOT AGREE, PLEASE DO NOT CONTINUE THE READING AND SIGNING OF THE SAME.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU, THE TRAVELER, AGREE TO AND RECOGNIZE THE FOLLOWING:
I. Your holiday contract.
When you make an authorized booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A booking will be confirmed as soon as you make payment and complete the online registration form. This booking is based upon your authorization below in I. B. and is subject to the terms of the following conditions, which are governed by Chinese Law, and the jurisdiction of the Chinese Courts.
It is your responsibility to have read and agreed to these terms and conditions if using Travelers Society’s services.
II. Responsibilities of Travelers Society (may also be referred to as “TS”)
A. Travelers Society acts as the traveler’s consultant for the interests and well-being of individual travel-er(s) and, as such, acts as a representative of the traveler(s)
B. You authorize Travelers Society to act on your behalf as your representative to coordinate between you and a Domestic Travel Agency (may also be referred to as “DTA”), including but not limited to:
1. the grouping of individual travelers for a DTA’s offer, such that said travelers may receive a “group-benefit-price” contract with DTA.
2. Timely coordination of trip bookings with DTA, including payments for said trip, confirmation of availability, and the transfer of the traveler’s personal information as completed by the traveler in the online registration form.
III. Role of DTA
A. When you make a booking for a trip advertised via Travelers Society, you are entering into a contract with DTA once DTA confirms. As such, TS shall bear no responsibility or liability for trip itinerary, changes, and/or events on trip.
B. The trip offer is made by DTA and the official written offer shall be provided by DTA to any traveler only upon request. Should such official written offer meets the booking then TS will accept the trip of-fer based upon above I.B. and availability of space.
C. Space on said trips is limited. Should you complete the payment and booking process and there are no more places on the trip, Travelers Society shall notify you and DTA shall provide a full refund.
D. In the case that a TS member be present on the trip, his/her role shall be as follows:
1. A representative of individual travelers who have authorized TS to coordinate with DTA on their behalf.
2. TS DOES NOT act as a representative of DTA.
3. TS may consult/communicate/coordinate with DTA on behalf of the traveler whilst on the trip; however, final decisions shall be made by DTA. DTA shall bear all responsibility for the outcome of said consultation/communication/coordination. Travelers Society shall not be responsible for any lack of and/or miscommunication thereof.
IV. Definition of published trip description as invitation
A. The published trip description shall in no time be regarded as a trip offer but instead shall be regarded as an invitation to the trip offer as provided by DTA.
B. In case of discrepancy, the published trip description as it appears on the Travelers Society Website shall take precedence over any and all other trip descriptions and/or advertisements published in social and/or other media.
C. In case of discrepancy between the published trip description and trip offer as provided by DTA, the trip offer shall take precedence.
D. DTA shall be responsible for issuing invoices (fapiao), should they be required by the traveler. Any extra charges for this service shall be confirmed upon request.
E. Travelers Society reserves the right to alter the prices, with reasonable justification required, of any of the holidays listed in any of our marketing materials. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
A. The payment due dates and amounts as outlined in the published trip description shall be honored by the traveler, unless otherwise agreed upon.
B. If the deposit and/or balance is not paid on time, Travelers Society shall cancel your travel arrange-ments with DTA. If the balance is not paid on time, your deposit shall be retained (which is in the na-ture of penalty for failure to honor payment). Certain trips require full payment upfront as stipulated in the published trip description. Travelers Society cannot finalize your booking with DTA until full payment is received.
VI. Cancellation & Changes
A. The cancellation policy as outlined in the published trip description shall be honored by the traveler, unless otherwise agreed upon. After Travelers Society receives your deposit, which shall be regarded and called as initial deposit, you have a specified time period as per the published trip description, dur-ing which, but not after, you can claim a refund of your deposit for any reason. In certain cases, can-cellation fees may apply and shall be subtracted from said initial deposit. After this specified time peri-od, your deposit shall be regarded as a guaranteed-deposit, which is non-refundable. All subsequent payments are and shall be regarded as the same nature of guarantee, also non-refundable. The refund policy is only applicable to initial deposits, and not for any subsequent payments.
B. Should the trip be cancelled due to the minimum number of travelers not being met, force majeur or other unforeseen causes, a full refund of the trip or an offer of alternative travel arrangements shall be provided. Travelers Society shall not be responsible for any additional costs incurred by the traveler, including but not limited to flights, train tickets, accommodation, permits, etc.
C. DTA reserves the right to make changes to trip offer at any time, with reasonable justification required.
D. Operationally-Difficult Trips
1. Operationally-Difficult Trips are defined by Travelers Society as trips that may experience organ-izational difficulties due to the nature of the advertised activity(ies). Such trips may require the last minute cancellation of planned activities due to changes in weather conditions, etc. You SHALL be liable for any extra costs incurred due to such conditions. Refund shall not be offered. PLEASE REFER TO THE “Cancellation & Disclaimer” IN THE TRIP ADVERTISEMENT AS PUBLISHED ON THE TRAVELERS SOCIETY Website FOR TRIP SPECIFIC POLICIES.
E. It is a common and accepted practice for transport methods employed on mentioned trips to run with delays, or to run below operational standards that would be regarded as normal in other regions. We cannot accept claims of any nature which relate to failure of transport operators to conform either to timetables supplied or to their own timetables or arise from operational standards by transport opera-tors whose services form part of the itineraries (whether original or amended).
VII. Responsibilities of you, the traveler
A. Trip Registration Form
1. The traveler shall complete the online registration form ACCURATELY and upon request within 24 hours of payment. Should the traveler book late or at the last minute and/or fail to complete the online registration form, Travelers Society shall not be held responsible for any additional costs, inability to participate in activities, or non coverage periods by insurance. Booking cannot be con-firmed with DTA until both registration and payment are submitted.
2. You must inform Travelers Society of any pre-existing medical conditions, prior to your trip de-parture date. Although we will do our due diligence in keeping DTA informed about your specific medical needs, ultimately, you retain responsibility for your own medical needs, conditions, and emergencies related to said condition(s). Should a medical situation, or emergency arise due to medical conditions not previously informed to us in writing, Travelers Society shall not be liable in any way, regardless of the ensuing result.
B. Individual Traveler shall act in accordance with Chinese Law. Travelers Society shall not be responsi-ble for resulting damages, additional costs, failure to participate in trip activities, etc. due to failure to do so.
C. INDIVIDUAL TRAVELER SHALL NOT, UNDER ANY CIRCUMSTANCES, BRING ILLEGAL DRUGS OR OTHER ILLEGAL SUBSTANCES ON ANY TRIP.
D. Individual traveler must comply with the DTA’s stipulations/advice/regulations. Otherwise, you, the participant will be held liable for any consequences resulting from your or any other travelers’ non-compliance.
E. Individual Travelers may be required to present valid personal identification and/or valid visa/permit upon request. If you fail to produce proper documentation, Travelers Society cannot be held responsi-ble for any additional costs or inability to participate in activities.
F. For certain trips, special documentation is required. (ie. a set of passport copies, including the page of your current valid Chinese visa ). Please ensure you have sent a scan of requested documents by the given deadline. Without this we cannot book your train tickets and/or special permits, and you will be unable to travel. No refund will be offered in this situation.
G. Traveler must possess a valid Chinese visa/permit to participate. Your specific passport and visa re-quirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We, Travelers Society, SHALL NOT be responsible if you cannot travel because you have not complied with any passport, visa or immigration requirements. Note: You may not participate in any trip if on visa-free transit status.
H. Additional Travel Costs
1. If you must make additional travel arrangements to the activity/departure site, you SHALL be solely responsible for these costs.
2. If you have asked Travelers Society for help with additional travel arrangements or other purchas-es, you will be responsible for the additional cost and any cancellation costs incurred if you should cancel your trip.
1. In the case of lateness for departure times, any and all additional costs incurred for transportation, etc. to meet the group shall be your responsibility. If you are not present at the departure point at the stated departure time, your place will be considered forfeited and Travelers Society SHALL NOT be obligated to refund the deposit or any additional payments.
J. Insurance Coverage
1. It is your responsibility to arrange for long-term medical insurance. You are liable for any medical costs or otherwise due to failure to purchase a suitable long-term medical insurance policy prior to travel.
2. Travelers Society is not liable for costs related to injuries/medical issues not covered by your long-term insurance policy or any travel insurance policy purchased on your behalf. This is including, but not limited to conditions resulting from or related to preexisting medical conditions, failure to maintain a healthy regiment necessary to the maintenance of proper health, i.e. failure to eat, wear proper attire/footwear, exclusions as outlined in the Terms and Conditions of the above mentioned insurance policies.
3. In most cases, travel insurance is included in the trip price and purchased ON YOUR BEHALF for the stipulated trip duration. Travelers Society is not liable for any periods of non-coverage due to last minute trip reservations or failure to agree/authorize purchase of Travel-Insurance-Policy or to provide required personal information in a timely manner. Travelers Society is also not liable for medical and/or other costs not covered by said policy. If travel insurance is not included in the trip price, outlined in the published trip description published on the Travelers Society website, you will be required to arrange your own insurance and provide Travelers Society with the policy in-formation. If you have asked Travelers Society to purchase insurance on your behalf, Travelers Society is not liable for any non-coverage/exclusions on the purchased policy.
VIII. Persons Under 18 years of age joining
A. Occasionally, Travelers Society will receive requests to allow persons less than 18 years of age to join a trip. The decision on whether to allow an under 18 year old to join the trip is at the discretion of DTA. If the person is aged less than 18 years, such person must be accompanied by a parent or legal guardian. Given that safety precautions undertaken by DTA meet usual requirements for persons above the age of 18 on an organized tour, therefore, persons including those under 18 years joining the trip and their parents or legal guardian MUST sign the Declaration and Acknowledgment and Waiver Let-ter attention directed to DTA, accepting that they are fully aware that trip is designed for adults on an organized tour but they still make their decision to join such trip designed for adults, and sufficient alert has been given from DTA on the matter thus WAIVE DTA’s RESPONSIBILITY LIABILITIES. Travelers Society SHALL NOT be held liable for situations which arise as a result of this. All persons less than the age of 18 years joining the trip MUST agree that they SHALL NOT consume alcohol whilst on the trip.
A. If during your trip you are responsible for incurring extra charges to the DTA, you will endeavour to pay these to DTA’s bank account, the information regarding which you will be provided by DTA. Ex-amples include fees to pay for avoidable damage to hostel/hotel property, paying for you to catch up with the group if you miss a train (if due to your own fault), you lose a train ticket after handed to you.
B. Extreme activities/locations, including, but not limited to Everest and Tibet
1. Trips may involve activities of a high risk nature or entry into areas that are not deemed “Official Tourist Areas” organized by DTA and/or travel to high altitude/remote regions. By registering for the trip and agreeing to these Terms & Conditions, you, the participant, SHALL BE FULLY AWARE and understand the nature of these activities and status of these areas. Travelers Society SHALL NOT be held liable for any injury, death, trauma, psychological and/or otherwise, incurred from the participation in the above mentioned actives or entry into the above mentioned areas. In the case of negligence by any party involved, Travelers Society SHALL NOT be held liable.
C. Great Wall
1. On certain trips, DTA brings you to unrestored portions of The Great Wall of China at which the camp site that DTA uses has been deemed by local authorities as safe barring any unforeseen cir-cumstances not limited to but including instances of ‘force majeure.’ Your safety while camping on The Great Wall is under your own discretion and precaution and sole responsibility, thus DTA/Travelers Society SHALL NOT be held liable in any way for your safety under such cir-cumstance(s).
1. There are opportunities to swim in swimming pools, rivers, the sea, and lakes on some trips. Under NO circumstance SHALL one or several trip leaders be regarded as trained life-guards. So EACH and all swimmers acknowledge complete and full awareness of risk of swimming and all swim-ming is undertaken at the swimmer’s own risk, and DTA/Travelers Society SHALL NOT be liable for any swimming accidents which may occur.
E. Winter Sports
1. There are opportunities to ski, sled, snowboard, horse-sled amongst other winter sports activities during some trips. Under NO circumstance shall one or several Trip leaders be regarded as trainers in these sports, so all activities are undertaken at your own risk. This means that said activities should be covered by your travel and medical insurance. DTA/Travelers Society SHALL NOT be held liable for any winter sports related accidents which may occur under such circumstance(s).
X. Discount Flyers and Prize Flyers
A. Discount coupons for consulting services on outdoor activity are valid for first time users and must be used before the expiration date. Each discount coupon may be used for up to 5 first time travelers on the same trip.
Prize coupons for consulting services on outdoor activity are valid for services on one trip up to the specified amount before the expiration date. Exceptions may apply. When using the prize coupon, the specified deposit amount must be paid prior to travel. The amount will then be refunded at the time of travel. If the traveler does not show or cancels, the cancellation policy shall apply.
If you wish to use a discount coupon or prize coupon, Travelers Society must be advised at the time of registration prior to travel and the flyer must be presented upon payment of the remaining balance. Prize coupons and discount coupons cannot be applied to the deposit.
Prize coupons and discount coupons may not be used together.
Prize coupons and discount coupons may not apply to specific trips. Acceptance of any prize coupon and discount coupon is not guaranteed. If a prize coupon and discount coupons cannot be used, Travel-ers Society will notify you at the time of registration.
B. Travelers Society reserves the right to alter or discontinue any promotions or special offers at any point up until deposit for a trip has been received. Any promotional offers for trip arrangement(s) only apply to new bookings. Authorized/Confirmed Bookings are defined as deposits paid if you author-ize/confirm with Travelers Society to make booking arrangement(s). A new booking is deemed to be a booking which we have not already received a deposit for or have not received notification of from your travel agent.
XI. If You Have A Complaint
A. If you have a problem during your holiday, please inform the relevant supplier (ie -your hostel, your activity provider, your transportation) and DTA immediately who will endeavor to put things right. If your complaint is not resolved locally, please follow this up within 60 days by email, stating your name, the name of the related trip, and outlining the specifics of your complaint. Travelers Society, as your representative, will then endeavor to investigate with DTA on your behalf. Chinese law allows for a period of 90 days for administrative authority to take tourist’s complaint. The statute of limitation to file a lawsuit against DTA in Chinese Court of jurisdiction is one (1) year. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your com-plaint and this may affect your rights under this contract.
XII. Intellectual Property
A. IF YOU DO NOT AGREE TO GIVE PERMISSION FOR THE FOLLOWING PLEASE LET US KNOW BY EMAIL, WITHOUT WHICH TRAVELERS SOCIETY SHALL REGARD AS YOUR CONSENT TO:
1. use photos of you, quotes taken from you during the feedback session, and the contents of emails you send us for the purpose of marketing, including use for social media.
B. Travelers Society maintains the rights to and ownership of the “Travelers Society logo” , name, and any and all information published, including but not limited to “schedules”, “concepts”, “trip write-ups”, selected photographic material, etc.. Without prior written explicit consent of Travelers Society, you SHALL NOT be allowed to make use of any of the above mentioned materials in any form or way or by any means regardless of making benefit or not.
XIII. Modifications of Terms & Conditions
A. Travelers Society maintains the right to make changes to these “Terms & Conditions” without notifi-cation.