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TERMS & CONDITIONS


1) Validity
The prices listed by Tales of the Orient (hereinafter the Company,  we, us ) are based on the costs and exchange rates current at the time of publishing. The Company reserves the right to alter these prices at any time but will only do so in exceptional circumstances.

The potential activities and dates listed on our website are applicable from January 1, 2008 until December 31, 2008. All published information is accurate to the best of our knowledge at the time of publishing, but please note that changes to our Getaway bases (which can be significant) can and do occur. The Company will make every effort to keep the client informed of any changes, but cannot be held liable for any alterations made to the published potential activities. Please refer to our website for the most recent update on any Getaway.

2) Contract
To secure your place at any of our Getaways the Company requires full payment at least 30 days before the start of the relevant Getaway. A booking is accepted and becomes definite only from the date when the Company has confirmed acceptance by issuing the client with a Getaway Confirmation email. It is at this point that a contract between the Company and the Client comes into existence. Before your booking is confirmed and a contract comes into force, the Company reserves the right to decline any booking at their discretion. The contract is between the Company and the Client, being the person named on the booking form. The contract, including all matters arising from it, is subject to Chinese law and the exclusive jurisdiction of the Peoples Republic of China. No employee, contractor or sub-contractor of the Company other than the executives, namely Terry A. Black and Allan Waltham, has the authority to vary or omit any of these terms or promise any discount or refund.

3) Payment for your Getaway
The balance of all monies due, including any surcharges applicable at that time, must be paid to the Company not later than 30 days before departure. In the case of non-payment before that due date the Company will treat the booking as canceled by the Client.

4) Cancellation by the Client
Loss of monies paid applies to all canceled reservations. The date of the Getaway cancellation is the date on which the written cancellation is received by the Company. The loss of monies paid is as follows, per person:

Cancellation less than 30 days prior to departure 100% of total booking cost
No refunds will be made if you voluntarily leave a Getaway for any reason after the Getaway has begun. The same applies if you leave a Getaway or cannot fully participate in a Getaway due to injury or illness. Refunds will be at the discretion of the Company if you are involuntarily forced to leave a Getaway for any reason. No refunds will be made for any accommodation or activities or services not utilized.

5) Cancellation by the Company
The Company reserves the right to cancel any Getaway if the Getaway does not attract the minimum number of clients required to make the trip financially viable. The Company will not, however, cancel a trip any later than two weeks prior to the commencement of the trip. A proviso to this ?the Company reserves the right to cancel a trip at any stage prior to the scheduled departure due to terrorism, natural disasters, political instability or other external events which make it unviable for the Company to operate our planned Getaway. In such a case, the Company will, at its own discretion, refund the Getaway price only.

6) Booking Amendments
If you wish to change your booking in any way, you must contact us as soon as possible and we will accommodate your request to the best of our ability. Surcharges may apply.

7) Substitution of a Client
If any member of the party is prevented from traveling because of the death, injury or serious illness of the passenger, close relative or friend, redundancy or jury service, it may be possible to transfer the booking to another suitable person (acceptable to the Company) provided that written notice is given at least 5 days prior to your departure. An administration fee of up to USD100 may be imposed by the company to cover non-refundable costs. Airlines may impose 100% cancellation charges and the cost of a new ticket.

8) Surcharges
Prices on this website that are not quoted in local currency are based on a recent currency conversion rate. The Company reserves the right to change the trip costs to take account of the following items: government action, fluctuations in currency exchange rates, and transportation costs, including the cost of fuel, airport charges and increases in scheduled air fares (where applicable). The Company will not absorb any increase in booking price should a surcharge be necessary. The Client will have to pay necessary surcharges but if these result in an increase of more than 10% of the Getaway cost payable to us the Client may cancel the booking within 5 days notification of the surcharge and obtain a full refund. No surcharge will be imposed within 21 days of the start of the Getaway.

9) Insurance
Travel insurance is mandatory for all clients whilst on a Getaway organized by the Company. It is mandatory that this travel insurance covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client. Clients, together with their personal property including baggage, are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. When purchasing insurance, clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their trip.

10) Passport, Visa and Vaccinations
It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the Getaway. Any information given by us about these matters or related items is given in good faith but without responsibility on the part of the Company.

11) Responsibility
You acknowledge that participating in our China Getaways requires a degree of flexibility and the ability to compromise to accommodate the diverse desires of other persons who have joined your particular Getaway, and understand that the Getaway base including accommodation and modes of transport are subject to change without prior notice due to local circumstances. These changes are binding and additional expenses may be charged to you if the reason for any alteration is outside the Company抯 control. While experiencing China with the Company you agree to accept the authority of the executives and/or local translators at all times. You understand that the Company reserves the right to decline, accept, or retain any person as a member of the group at any time. You acknowledge that the Company contracts with a network of local organisations, government agencies and individuals to assist in the running of its Getaways. To the best of the Company抯 knowledge, these third parties are qualified to perform the duties they are contracted to perform. However, the Company will not be held liable for any injury including death, damage, loss, delay or irregularity that may occur due to the behavior of these third parties. The Company will not accept responsibility or liability for any client who contravenes any law or regulation of The Peoples Republic of China. No employee, contractor, sub-contractor, servant or agent of the Company has authority to vary these conditions. This agreement is governed by the laws of The Peoples Republic of China.

12) Expectations
The Company does its utmost to ensure you a rewarding and enjoyable experience with us. In the case where we offer coaching and guiding, we also endeavor to provide you with the best possible opportunities for you to experience China on your own terms. We understand that expectations vary greatly from person to person, however, and we cannot guarantee to meet all the expectations of the various people who attend our Getaways. By agreeing to these terms and conditions you accept that the Company will not be held accountable if our trips do not meet your particular expectations. This includes, but is not limited to, meeting your expectations regarding the quality or type of accommodation, the standard or type of transportation, infrastructure, the style of Getaway translators and activity providers and any of the activities that we recommend. The safety of roads and standard of driving practices may also be lower in some of these regions relative to what you are accustomed to. Although we do our utmost to ensure that our drivers adhere to local driving laws and drive carefully and safely, we cannot guarantee your safety while driving with us and will not be held accountable for road accidents that occur during your travels with us.


13) Dangers
Joining a Getaway with the Company may involve risks above and beyond those encountered on a more conventional tour group holiday
as you will be free to choose which activities you wish to experience and have the freedom to enjoy China on your own should you desire. China is a relatively safe country for foreigners however in life the unexpected can happen. Use of our guides and translators can help to reduce these dangers but it cannot eliminate them. You must be prepared to accept the risks associated with traveling to a developing country such as China. Therefore, you must also be prepared to accept responsibility for your own actions during our Getaways. Although our guides and translators may provide you with advice and directions it is ultimately your responsibility to decide what you wish to do during your Getaway. We will not be held accountable for the choices and decisions you make during our trips.

 
By agreeing to these terms and conditions you accept the risks outlined in the above paragraph and fully assume the risks of traveling within China. You agree to release the Company from any liabilities connected to these risks.


14) Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (hereafter the Release Agreement)
By agreeing to this release agreement you will waive certain legal rights, including the right to sue. Please read carefully!

To: Tales of the Orient and their directors, officers, employees, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (all of whom are hereafter collectively referred to as 搕he RELEASEES?.

Assumption of Risk: I am aware that some activities I decide to experience may involve an element of risk and I freely accept and fully assume all risks, dangers and hazards associated with participating in a Tales of the Orient Getaway and the possibility of loss, personal injury or death resulting therefrom.

In consideration of booking a Tales of the Orient Getaway I hereby agree as follows:

1) To waive any and all claims that I have or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next-of-kin may suffer as a result of a Tales of the Orient Getaway due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of the RELEASEES, and further including the failure on the part of the RELEASEES to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in a Tales of the Orient Getaway.

2) To hold harmless and indemnify the RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in a Tales of the Orient Getaway

3) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

4) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of The Peoples Republic of China and no other jurisdiction; and

5) Any litigation involving the parties to this Release Agreement shall be brought solely within The Peoples Republic of China and shall be within the exclusive jurisdiction of the Courts of The Peoples Republic of China.



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