1. THE COMPANY’S RESPONSIBILITY:
(a) The Company has taken all reasonable steps to ensure the suppliers with whom we do business are reputable and efficient and that they comply with the laws of the country in which they operate. The Company has also taken reasonable care in making the holiday arrangements offered in this brochure and accepts responsibility for ensuring that there are no deficiencies in the services we are contractually obliged to provide and that they are provided to a reasonable standard. Should deficiencies occur then The Company will pay reasonable compensation to a maximum of the full total cost of the holiday. This maximum amount will only be awarded in extreme cases and when you have thus obtained no enjoyment whatsoever from the holiday. In all other cases, The Company will pay an amount it considers reasonable for the inconvenience suffered. Please note that The Company will not accept responsibility for disappointment suffered as a result of unrealistic expectations. The Company does not accept responsibility where there has been no fault on our part or that of our suppliers or the cause was your own fault or the actions of a third party unconnected with the holiday arrangements, or could not have been foreseen or avoided by us or our suppliers even if all due care had been exercised. The Company has no liability for changes to, or cancellation of schedules by, scheduled airlines and also has no liability if you or any member of your party is prevented from travelling on an aircraft, vehicle or vessel by any person in authority at the airport, boarding point or port or is denied access to accommodation by any person in authority because you or the party member appears unfit to travel or is likely to cause disturbance or discomfort to any other travellers.
(b) Where we accept responsibility it is a requirement that you: (i) assign to us your rights against the person or persons responsible so that we may be subrogated to those rights and claim in your place. (ii) will co-operate fully (at The Company’s expense) should we or our insurers wish to enforce those rights.
(c) Should you or any member of your party through misadventure suffer death, personal injury or illness during the holiday arising out of an activity unconnected with the holiday arrangements, The Company may, where appropriate and at its discretion, provide general advice and assistance in connection with any claims you may have against third parties.
2. FORCE MAJEURE:
Force Majeure shall include but not be limited to, acts of God, acts of government, war (whether declared or not), threat of war, other hostilities, terrorist activity, civil strife, strikes, riots, fire, thefts, epidemics, quarantine or medical regulations, natural and nuclear disaster, medical or customs regulations, technical or administrative problems with transport, industrial disputes, closure of airports, breakdown in machinery, or equipment or similar events beyond the control of The Company.
3. GOVERNING LAW:
All matters concerning the booking and in particular, but without limitation, in respect of questions of liability and quantum of damages, shall be governed by Chinese Law and the parties shall submit to the exclusive jurisdiction of the Chinese Courts.