Terms & Conditions
 
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Dear Guest,

We use all our experience and knowledge to organize and process your travel carefully. However, we need the following terms and conditions. They become part of the travel contract between Hainan Ananda Travel Service Co., Ltd., hereafter “Hainan Ananda Travel”, and any individual travel participant.
1. Conclusion of the travel contract

1.1 With your oral, written or electronic (email) booking, you offer Hainan Ananda Travel the conclusion of a travel contract, provided that your booking concerns a travel offer from Hainan Ananda Travel. In other cases, Hainan Ananda Travel is only acting as agent for services of a third party.
1.2 The travel contract materializes with our confirmation of the booking to you.
1.3 If the content of the confirmation of the booking differs from your booking a new offer from our side is existent to which we are bound for 10 days. The travel contract is based on this new offer and materializes if you announce your acceptance within the period of commitment by express statement (see1.1), prepayment, final payment or accession to the travel.
1.4 If we act as agent for travel arrangement from other tour operators, their terms and conditions apply. For all only-flight-arrangements with scheduled flights, the terms and conditions of the responsible airline apply. In these cases, Hainan Ananda Travel is not the contractual partner and therefore, you cannot refer to the terms and conditions at hand.

2. Conditions of payment

2.1 On receipt of the confirmation of the booking, which at the same time is the invoice, a prepayment of 10% of the travel price becomes due. For booking for high season and Chinese holidays prepayment is 30%of the travel price. The final payment must be done not later than 30 days prior to the departure date.
2.2 For booking 30 days and less before the departure date, the total amount of your travel must be paid immediately.
2.3 Air tickets which have to be printed right at the time of booking must be paid when placing the definite order.

3. Inclusions and Prices

3.1 The descriptions and prices in the relevant advertisement as well as in the confirmation of the booking are exclusively included in the contract. The terms and conditions at hand are part of the travel contract as well.
3.2 In case of a substitute participant joining the travel, the original participant still remains responsible toward Hainan Ananda Travel for payment of the travel price and possible charges.

4. Changes in inclusions and prices

4.1 Changes and variations in the agreed content of the travel contract, which become necessary after conclusion of the travel contract and that are not incurred by Hainan Ananda Travel against good faith, are allowed as far as the changes and variations are not considerable, are reasonable, do not lead to essential changes of the travel inclusions and do not change the overall character of the travel booked. Hainan Ananda Travel is bound to inform you immediately about changes and variations in the inclusions.
4.2 In the following exceptional Hainan Ananda Travel may have to raise the published prices:
- Changes in tariffs of transport companies (e.g. fuel surcharge)
- Newly introduced governmental taxes fees (e.g. raised airport taxes, insurance fees)
-raised in prices decreed by the Government (value added tax, etc.)
-changes in exchange rate
Hainan Ananda Travel will announce changes in price due to the above mentioned reasons 21 days prior to the departure date.
4.3 If prices rise more than 10%, you have the right to withdraw from the travel contract within 5 days without any charges or you can ask to participate at a travel that is at least equivalent, if we are capable of offering such a travel out of our offers. You must assert this immediately after our announcement.

5. Withdrawal by customer, change of booking

5.1 You can state your withdrawal from the travel contract, preferably in written form, at any time before departure date.
5.2 If you withdraw after booking we have to charge, in addition to the handling fees, the following costs in percentage of the travel price. The following regulation applies to changes as well:
Up to 30 days prior to departure date 10%of travel price
29-15 days prior to departure date 30%of travel price
14-8 days prior to departure date 60%of travel price
7-1 days prior to departure date 80% of travel price
At departure date 100% of travel price
5.3 If you can prove that Hainan Ananda Travel had no or much less expenses than the claimed lump sum. In this case you are requested to pay only the actually incurred expenses.
5.4 In individual cases, Hainan Ananda Travel expressly reserves the right to charge a higher compensation according to the incurred costs. Hainan Ananda Travel has to specify and document these costs.
5.5 We point out that if a participant does not show up without explicit withdrawal from the travel contract, this participant has the obligation to pay the total travel price.
5.6 We strongly recommend the acquisition of a travel insurance against cancellation.

6. Unused inclusions

If a participant does not make use of a particular inclusion due to early return, illness or any other reason over which Hainan Ananda Travel does not have any control, the participant does do not qualify for pro rata reimbursement. However, Hainan Ananda Travel should pay back saved expenditures as soon as and as far as the individual service providers actually have returned them.

7. Withdrawal and cancellation by Hainan Ananda Travel

It is left to Hainan Ananda Travel’s discretion not to carry out travels due to insufficient number of participant, strikes, riots, acts of nature beyond control or cancellation of licenses by governmental authorities. Already paid money will be refunded immediately. You do not qualify for any other claim. In particular we are not liable for possible cancellation charges for travel arrangements that have been booked elsewhere than at Hainan Ananda Travel.

8. Passport-, visa-, customs-, foreign currency- and health regulations

8.1 The website of Hainan Ananda Travel contains information about passport-, visa-, customs-, foreign currency-and health regulations that have to be considered for the travel.
8.2 On your request, we inform you about the effective entry regulations for citizens of countries that are not listed in our information.
8.3 Hainan Ananda Travel can assume no liability for denied entry due to not obtained or not received visa. You are liable for compliance with passport-, visa-, customs-, foreign currency-and health regulations.

9. Liability

9.1 Hainan Ananda Travel refunds cancellations of inclusions or additionally arisen expenditures as far as it was not possible for the tour guide to offer an equivalent inclusion on site and without actual fault from your side. However, our liability is limited to twice the travel price and includes only direct damage.
9.2 Hainan Ananda Travel is not liable for changes to the itinerary that can be traced back to strikes, riots, weather conditions, official actions, delay of third parties and so on. For changes in the itinerary due to changes in the flight schedule Hainan Ananda Travel assumes no liability.
9.3 Hainan Ananda Travel assumes liability for direct damage at death, personal injury or illness during the travel, provided that it has been caused by Hainan Ananda Travel or a company assigned by Hainan Ananda Travel (ex: hotels). If you suffer death, personal injury or illness in connection with air transport or with use of a transport company (train, ship, bus etc.).

The amount of the indemnity is limited according to the applicable international treaties or national laws. In these cases any further liability by Hainan Ananda Travel is excluded.

10. Complaint

In case you have reasons to complain, you have to do so immediately on site to the Hainan Ananda Travel tour guide or the local tour guide. If no relief can be produced you have to get a confirmation from the tour guide that you complained and why you complained. This is a necessary precondition for asserting a claim afterwards and moreover, in most cases it is possible to resolve the problem on site. The tour guide is bound to record the facts in writing. Complaints and the confirmation from the tour guide have to be put to Hainan Ananda Travel in Haikou within 30 days after the agreed return date.

11. Jurisdiction

In the contractual relation between you and Hainan Ananda Travel solely Chinese law is applicable. Actions against Hainan Ananda Travel can only be filed at the head office of the company in Haikou.

Issued: September 2007
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© 2007. HAINAN ANANDA INTERNATIONAL TRAVEL SERVICE CO., LTD.
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