Your contract is with Travel China Planner Limited.
The following Terms shall have the meanings set out below when used in these Booking Conditions:
'TCP' means Travel China Planner Limited.
'Tour' means the Tour booked by you or any person on your behalf.
'Force Majeure' means any circumstances which are unusual and/or unforeseeable which are beyond the control of Travel China Planner, the consequence of which could not have been avoided even if all due care had been exercised, including (but not limited to) war or threat of war; riot; civil strife; hostilities; political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity; weather conditions; closure of airports; fire; flood; drought; re-scheduling or cancellation of flights or alteration of the airline or aircraft type by an airline and technical problems with transportation that are outside our control.
'Major Change' includes:
a. an alteration to your scheduled time of departure or return of 12 hours or more; and/or
b. a change of hotel to a materially lower rating; and/or
c. a significant change of resort area.
a. These conditions apply to all package tours. All prices quoted are in USD. These conditions govern your relationship with Travel China Planner and set out details of TCP's obligations in relation to any package tours which you book or is booked on your behalf. Please read these conditions carefully before making a booking.
b. Please be aware that these terms include limitations on the liability of Travel China Planner and its obligations relating to any package tours and certain exclusions of Travel China Planner’s responsibility. These conditions do not govern your rights and/or duties in relation to any other person or company whose services may be used on any package tours.
c. These terms, together with our confirmation invoice, constitute the entire agreement and you confirm that you have not been induced to enter into the agreement by relying on any representations outside these terms and the confirmation. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions together with all other information contained on this website. Please read these terms and conditions and information carefully since they set out the terms and conditions of the contract between you and Travel China Planner.
d. If you had not seen these terms and conditions at the time of booking and you do not wish to proceed with your booking now that you have seen them. Your booking will be cancelled and your monies will be returned in cancellation and refund policy. This clause does not apply if your booking was made within 10 weeks of travel, or if you have booked a tour requiring payment in full at the time of booking.
2. Your Package Tours Contract
a. When a booking is made, the 'lead name' on the booking guarantees that she or he has the authority to accept and does accept on behalf of the party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract, is made on the terms of these booking conditions, which are governed by Chinese Law, and the jurisdiction of the Chinese Courts.
b. On receipt by Travel China Planner of your completed booking and deposit(s) we will reserve your package tours in respect of all persons travelling. It is important to check the details on the invoice when you get it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact our Customer Care Department immediately.
c. All brochure/website descriptions are made in good faith and every care is taken to ensure their accuracy. However, in view of the detail contained therein and the fact that brochures/websites are necessarily prepared/created some time in advance of distribution and of the package tours, advertised facilities, amenities, entertainment and schedules may, on occasion, be restricted, curtailed, changed or cancelled. Therefore, changes may be made to the particulars you have seen at any time before the contract with you is made. In these circumstances, we will notify you of such changes prior to confirmation of your booking. If you have already booked, where possible, we will notify you as soon as we are aware, if there is time before you travel.
3. Travel Documents
All passport, visa, travel insurance and health certificate requirements are your responsibility and Travel China Planner accept no responsibility for any delay or expense incurred through any irregularity in your documents. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
4. Your Package Tour Price
a. When you make your booking you must pay a deposit of USD100 per person. The balance of the price of your travel arrangements must be paid at least 10 days before your departure date. If you book within 10 days of departure, you must pay the total price of the package tour at the time of booking. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time, we shall cancel your booking and retain your deposit. Direct payments to Travel China Planner by credit card will incur a charge of 2% of the total value of your tour.
b. The prices on this website are correct at time of website publication, however, Travel China Planner reserves the right to raise or lower its prices at any time. Before you make a booking we will give you the up-to-date price of your chosen package tours, hotels, flights, etc., including the cost of any peak-season supplements, upgrades or additional facilities which you have requested.
For packages, changes in fees (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates) and services mean that the price of your travel arrangements may change after you have booked your holiday. However, there will be no change to the cost of your holiday within 30 days of departure.
In relation to package tours, we will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality, you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of monies paid, except for any amendment charges and cancellation charges already incurred.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
The price of your travel arrangements was calculated using the rate of exchange applicable to the purchase of foreign currency which is used to pay for these supplies.
For arrangements which are not packages, we reserve the right to pass on any cost increases to you in full.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be from the 'lead name' on the booking. You will be asked to pay an administration charge of USD1 per person and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Only one change of departure date, per booking may be permitted. Further changes may be classed as Major Changes, which may result in cancellation charges being applied.
Important Note: Name changes or departure changes are not always permitted by the carrier and/or hotelier. Where possible we will make the necessary arrangements, although some carriers/hoteliers treat name changes as cancellations and charge accordingly. If airline tickets have been issued, any changes made to a booking may mean you having to pay for the cancelled ticket and purchasing a new ticket at full cost.
6. If You Cancel Your Holiday
a. You, or any member of your party, may cancel your travel arrangements at any time. Written notification by email, mail or fax from the 'lead name' on the booking. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation shown our cancellation and refund policy.
b. Please note that in the case of part cancellation, for example if members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the package tour cost for the remaining travelers. You may have to pay the extra room charges such as single-room supplements. One person who occupies a twin room will probably have to pay a significant extra charge.
Note: Cancellation charges made by our suppliers may be higher than the cost of the deposit and we reserve the right to pass such fees on to you. Travel China Planner will advise of such fees before cancellation.
7. If We Change or Cancel Your Holiday
a. It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible opportunity. However, some destinations can suffer from extreme weather conditions such as hurricanes. Due to their unpredicability, these are a Force Majeure event and we shall not be liable for any changes to your arrangements either before departure or during the tour, which in our opinion are necessary to protect your safety. In this event we will offer you suitable alternative arrangements, or, if you do not travel, we will return the monies you have paid to us. No compensation will be payable.
However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance.
If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept any offer we make of alternative travel arrangements of equivalent or superior standard, or a choice of specified travel arrangements of a lower standard to the travel arrangements booked together with a refund of the difference in price. If it is necessary to cancel your travel arrangements, except where cancellation is due to non payment by you of your final balance or Force Majeure, we will pay to you minimum compensation as detailed.
b. Please note that carriers such as airlines used in the brochure/website may be subject to change. Some flights may have to stop en route for technical reasons. Where this is known in advance, details are given in the flight timetables. Planned flight times given in the brochure/website and on subsequent customer invoices are for guidance only. Alterations may be made by the various China and overseas airport scheduling committees or for other reasons. Actual flight times will be shown on your tickets.
All bookings are accepted, subject to the Civil Aviation Authority granting Licences. Such changes are deemed to be a minor change.
c. If we make a Major Change to your package tour, we will inform you as soon as reasonably possible, if there is time, before your departure. You will have the choice of either accepting the change of arrangements, accepting any offer we make of equivalent or superior quality alternative travel arrangements, accepting alternative travel arrangements from us of a lower standard to the travel arrangements booked together with a refund of the difference in price, if available, or cancelling your booking and receiving a full refund of all monies paid to us.
In all cases, (except where the Major Change arises due to reasons of Force Majeure, where no compensation is payable), we will pay minimum compensation as detailed below.
These scales are based on how many days before your booked holiday, departure date, we notify you of a major change.
|before departure when a major change is notified||Compensation payable per adult|
|More than 56 days||USD0.00|
|Less than 7 days||USD30.00|
d. Please note that the above payments are per full fare-paying passenger (excluding infants). For children invoiced at reduced rates, compensation will be paid on a pro-rata basis of the adult rate.
e. Compensation will not be payable and we will not otherwise be liable to you if we are forced to cancel, delay or curtail or in any way change your package tour as a result of Force Majeure as detailed previously.
8. Flights and Other Services
a. You are reminded that Captains of aircraft have absolute authority over the aircraft and its passengers whilst boarding or in flight. The Captain or other authorized representative of an airline can refuse to carry anyone, if they are unruly or are otherwise unfit to travel or are a danger to the flight or other passengers. If you are refused carriage in these circumstances your tour will terminate immediate as will the contract between you and Travel China Planner, and Travel China Planner will have no further responsibility or liability to you.
b. This brochure/website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that, in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under 2 years old on the day.
c. When you book a Holiday with Travel China Planner you accept responsibility for the proper conduct for yourself and your party whilst on tour. Travel China Planner reserves the right in its reasonable discretion to terminate your tour or that of any member of your party due to misconduct, and Travel China Planner will have no further responsibility or liability to you. If your actions or those of any member of your party cause damage to the accommodation in which you are staying, or cause delay or diversion to any flight or other means of transportation, you agree to fully indemnify (i.e. compensate or reimburse) Travel China Planner against any claim (including legal costs) made against Travel China Planner by or on behalf of the owners of such accommodation or the operator of such flights or other means of transportation.
d. For those who participate in sports, water sports and winter sports whilst on tour that have been organized and arranged completely independently of Travel China Planner, it should be understood that participation is at the individual's own risk and it is your own responsibility to obtain the relevant insurance.
9. If You Have A Complaint
China National Tourism Administration (CNTA) helps holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by CNTA's code of conduct. If you have a problem during your tour, you must inform the relevant supplier (eg your hotelier) and our customer care representative immediately who will endeavor to put things right. If your complaint is not resolved locally, please follow this up within a reasonable period of time (we would suggest 28 days) of your return home. Your complaint should be in writing, to our Customer Care Department at Travel China Planner Limited, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
It is strongly suggested that you communicate any complaint to the supplier of the services in question, as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract.
10. What Happens To Complaints
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract which cannot be settled amicably may (if you wish) be referred to arbitration under a special scheme which is arranged by the China National Tourism Administration but is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for any amount greater than USD6,000 per person or USD26,000 per booking form. Also it does not apply to claims which relate solely to physical injury or illness. The scheme can, however, deal with compensation claims which include an element of minor injury or illness subject to a limit of USD1,000 on the amount the arbitrator can award per person in respect of this element. If you choose to proceed to arbitration under this scheme, you must send a written notice of your decision to CNTA within 8 months of your scheduled date of return.
For further information about CNTA, the code of conduct and the arbitration scheme available to you if you have a complaint, contact CNTA (China National Tourism Administration) at 68-71 Newman Street, London, W1P 4AH. Tel: 0207 637 2444
11. Our Liability To You
a. We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described on this website. If, after departure, any part of your travel arrangements is not provided as promised, due to the fault of our employees or suppliers, we will pay you appropriate compensation, if this has affected the enjoyment of your travel arrangements. However, our liability in all cases shall be limited to a maximum of three times the cost of your travel arrangements.
b. We accept responsibility for what our employees and suppliers do or do not do providing that they were at all times acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under Chinese Law.
Please note that we will not be liable for any injury, illness, or death or consequent losses suffered by you or any member of your party, unless you are able to prove that such injury or illness was caused by lack of reasonable care and skill on the part of ourselves or our suppliers in the performance of our obligations under our contract with you.
And in all claims of whatever nature we will not be liable where the alleged loss or damage results from any of the following:
a. the fault of the person(s) affected or any members(s) of their party or
b. the fault of a third party not connected with the provision of your tour which we could not have predicted or avoided or
c. an event or circumstances which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care
d. the fault of anyone who was not carrying out work for us (generally or in particular) at the time.
12. For Non -packages
In respect of non-packages - we promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your hotel/car rental/flight, as well as using our reasonable skill and care in choosing our providers. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which does not result from any failure to use reasonable skill and care as referred to above.
Please also note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure/website and we have not agreed to arrange them for you. This also includes any excursion or activity you book or purchase locally in resort.
13. Important Notice on Limits of Liability
In respect of international travel by air, sea and rail, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to accommodation arrangements). You can ask for copies of these Conventions from us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that trip. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
14. Data Protection
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us in respect of your travel arrangements, unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so.
15. Disabled Clients
We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. We do have a customer care department who will be able to provide assistance to you. For further information, call our Customer Care team on +86 29 8872 6613 to discuss your travel requirements further.
You MUST, repeat MUST have adequate insurance when travelling abroad.