BOOKING CONDITIONSThe trips described in this brochure are operated by Imperial China Tours trading as Imperial China Tours which has its head office in Sydney, Australia. The ContractThese Booking Conditions contain important information. It is essential that you carefully read and understand them. The Booking Conditions constitute a legally binding contract between Imperial China Tours and you for the services provided by Imperial China Tours and set out the basis of your legal relationship with Imperial China Tours. By booking with Imperial China Tours and paying the non-refundable deposit $800 per passenger for all trips ($500 per passenger for extensions), or full payment, you acknowledge that you have read and understood and that you agree to be bound by these Booking Conditions. Acceptance of your booking will be confirmed in writing to you or your travel agent, and a contract comes into existence on the date shown on your confirmation letter or email. If you have any queries regarding these Conditions or do not understand them, please raise your query with a member of our staff. 1) PRICES AND VALIDITYPrices are on twin share basis, and based on costs and exchange rates applicable when this brochure was printed. Imperial China Tours reserves the right to adjust prices whether or not you have already made full payment. We will do everything within our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Itineraries departing after 01 March 2014 are indicative only and subject to change. Airfares (except when otherwise stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities to leaders and guides, extra meals, laundry, drinks, medical expenses, optional activities and trips, and any items of a personal nature are not included in your trip price. 2) YOUR TRIP AND ASSUMPTION OF RISKImperial China Tours operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, not be of the standard that you are used to at home. By booking with us you acknowledge that participation in all trips involves inherent risks that may not be present in the case of conventional or less demanding holidays. These risks include, without limitation, the possibility of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. The possibility of experiencing all or some of these risks is likely to be higher if participation in an Imperial China Tours trip involves visiting remote or unstable regions, or regions where there is dangerous wildlife. When assessing whether trips will operate, Imperial China Tours uses information from its local offices in conjunction with advice from the Australian Department of Foreign Affairs and Trade, the British Foreign Office and the US Department of State. It is your responsibility to accustom yourself with the travel advice provided by these government bodies, as well as that of your country of residency, before commencing the trip. By booking with Imperial China Tours you acknowledge your decision to travel on an Imperial China Tours trip is made after due consideration of relevant travel information that may be made available at any time. 3) EXCLUSION OF LIABILITYExcept where stated otherwise, Imperial China Tours acts as agent for service providers when making arrangements for your trip. Where Imperial China Tours provides services it will do so with due care and skill. Imperial China Tours is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage, death, injury or expense (including loss of money paid in advance), which you may incur as a consequence of the acts and omissions of others. You warrant that you have not relied on any representation made by Imperial China Tours, any travel agent or other Representative, which has not been stated expressly in this brochure. Imperial China Tours will not accept responsibility or liability if you contravene any law or regulation of any country or region visited. Any independent arrangements that you make that are not part of the Imperial China Tours trip (including pre- and post accommodation) are entirely at your own risk and Imperial China Tours cannot and does not give you any assurance, representation or warranty in connection with any such arrangements. To the fullest extent permitted by law and subject to the exception set out below, Imperial China Tours does not accept liability for any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this contract or your participation in a trip, or in respect of a failure or omission on the part of Imperial China Tours to comply with its obligations under this contract, or in respect of any other conduct that Imperial China Tours undertakes in connection with a trip. To the fullest extent permitted by law and subject to the exception set out below, you also agree to release Imperial China Tours and its officers, employees, agents and representatives (“Representatives”) from all costs, liability, loss and damage incurred by you in connection with your participation in any trip, and waive any associated claims that you may have against Imperial China Tours or its Representatives as a result of your participation in any trip. For these purposes, enters into these Booking Conditions as trustee or agent for its Representatives. To the fullest extent permitted by law and subject to the exception set out below, any condition or warranty, which would otherwise be implied into these Booking Conditionsis excluded. Where legislation implies any condition or warranty, and that legislationprohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. ExceptionThe “Exclusion of Liability” section set out in these Booking Conditions does not attempt or purport to exclude, restrict or modify liability arising under, or remedies that may be available to you, pursuant to legislation where the exclusion, restriction or modification of liability or remedies is not permitted. This includes legislation in part of the Trade Practices Act 1974 (Cth), and any state or territory Fair Trading Act (or its equivalent). 4) CANCELLATION BY Imperial China ToursImperial China Tours reserves the right to cancel a departure and will advise you of such cancellationsno later than 30 days before the tour departure date. If due to ‘Force Majeure’ or government travel advice, Imperial China Tours reserves the right to cancel a departure, including a guaranteed one, at any time. With any form of cancellation, Imperial China Tourswill offer you alternative arrangements, and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to Imperial China Tours, (in case of ‘Force Majeure’ or government travel advice refunds will be less any unrecoverable costs). Imperial China Tours will not be liable for any additional costs incurred by you. Force MajeureImperial China Tours will not be liable for any delay in, change to or cancellation of trips due to‘Force Majeure’. ‘Force Majeure’ means a circumstance beyond the reasonable control of Imperial China Tours and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes. 5) CANCELLATION BY YOUIf you wish to cancel all or any part of your booking, notification of cancellation must be made to Imperial China Tours in writing. The date of the cancellation is the date on which written notification is received by Imperial China Tours. Days before departure, charge applicable per person as follows: • More than 90 days Loss of deposit • Between 90 and 45 days Loss of 50% of total booking cost • 45 days or less Loss of 100% of total booking cost Cancellation fees for air tickets issued by or on behalf of Imperial China Tours will apply asdetermined by Airline Tariff Regulations, and may vary as to the type of ticket issued.
Depending on the reason for your cancellation, these charges may be recoverable under any insurance policy you purchased. 6) BOOKING AMENDMENTS
If you wish to change your booking in any way, the following fees will apply: 7) LATE BOOKINGSBookings requests received by Imperial China Tours within 60 days before tour departure may require full payment. If we cannot confirm thebooking we will refund you in full any monies paid to Imperial China Tours. Imperial China Tours will not beliable for any additional costs incurred by you. 8) CHANGES TO YOUR HOLIDAY
You acknowledge that travelling with Imperial China Tours requires a degree of flexibility, goodhumour, and an understanding that the itinerary, and particularly accommodation,and/or modes of transport may change, even after a tour’s commencement, without prior notice due to local circumstances. Changes may occur because of ‘Force Majeure’, poor road conditions, weather, availability, vehicle breakdowns, changes in transport schedules, or other circumstances beyond Imperial China Tours control or which simply cannot beforeseen. Imperial China Tours does not accept any responsibility for loss of enjoyment, delays orcompensation resulting from circumstances beyondImperial China Tours control. The information about trips given in this brochure, Trip Notes and Pre-Departure Information are subject to change. It is your responsibility to review the up-to-date Trip Notes and Pre-Departure Information. These can be obtained from Imperial China Tourswebsite or your travel agent. The information and conditions in the Trip 9) COMPLAINTSIf you have any complaint about your trip, you must make it known at the earliest opportunity to the Imperial China Tours local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip. 10) TRAVEL INSURANCEAdequate and valid travel insurance is compulsory for all Imperial China Tours travellers. Your travel insurance must cover accidents, injury, illness and death medical expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. Imperial China Tours also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You must carry proof of insurance with you and produce it if reasonably requested by Imperial China Tours employees or suppliers. Imperial China Tours reserves the right to cancel or suspend your participation on a trip or in certain activities that comprise part of a trip, at any time, including after the commencement of your tour, with no right of refund, if you are unable to provide proof of insurance when requested. 11) PASSPORT AND VISASIt is your responsibility that you carry a valid passport and have obtained the appropriate visas when travelling withImperial China Tours. Please ensure that your passport is valid for 6 months beyond the duration of your holiday. 12) HEALTH, FITNESS AND AGE LIMITSIt is your responsibility to advise Imperial China Tours of any pre-existing medical condition and/or disability that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a tour. If requested by Imperial China Tours, or our suppliers, you may be required to provide an assessment of your medical condition by completing a special Health &Fitness Questionnaire and/or a Medical Clearance Form, the latter which requires certification by a medical practitioner. Imperial China reserves the right, at its reasonable discretion, to cancel your booking and refund the money paid by you, less an unrecoverable costs. Imperial China Tours also reserves the right to cancel your participation in a trip at any time, including after the commencement of your trip, with no right of refund if your medical condition and/or disability could be reasonably expected to affect the normal conduct of the trip and the enjoyment of other trip members. 13 ) PUBLICITYYou agree that Imperial China Tours may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes onlythrough whatever medium it chooses. 14) PRIVACYIn order to be able to supply a service to you Imperial China Tours will need to collect certaininformation from you, some of which may be of a personal nature. The information may be disclosed to, or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. Please call us on +61 2 9221 0266 for further information or refer to our website. 15 ) GOVERNING LAWThis agreement will be governed by and construed in accordance with the law of New South Wales, Australia and each party agrees to submit to the exclusive jurisdiction of thecourts of New South Wales, Australia as regards any claim or matter arising under this agreement.
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