Terms and Conditions for Chinese Motorcycle Travel by AH3 TRAVEL
These terms and conditions cover various aspects such as booking and payment, itinerary changes, vehicle rental, etc., aiming to clarify the rights and obligations of both the company and customers and safeguard the interests of both parties.
1. Booking and Payment
When a customer signs up, it is considered an offer to enter into a contract with AH3. The contract becomes effective upon written confirmation by AH3. For bookings, the earliest time to pay the deposit is 12 months before the end of the itinerary. The deposit amount is either $600 or 20% of the total travel price, whichever is lower. The remaining balance should be paid when receiving the travel documents 30 days before the start of the itinerary. For specific itineraries, the payment terms of the relevant operators or service providers shall be followed. If the customer fails to make the payment, AH3 has the right to cancel the service.
2. Traveler Changes
2.1 Transfer of Travel Service Claims
The booking person may transfer the contract rights to a third party but shall bear the additional costs incurred, with a minimum payment of $100.
2.2 Transfer of Travel Activities
If a customer is unable to travel, they can transfer the contract relationship. They must notify AH3 at least 15 days before departure. The transferor and the transferee shall jointly bear the outstanding fees and the additional costs arising from the transfer, with a minimum payment of $100.
3. Legal Basis for Performance and Breach of Contract
3.1 Warranty
When the service is not provided or is defective, the customer has the right to claim a warranty. AH3 may choose to provide a defect – free service free of charge, improve the defective service, etc., to resolve the issue.
3.2 Damages
AH3 or its assistants shall compensate the customer for losses in case of intentional or grossly negligent breach of contract. Under normal circumstances, for non – personal injury caused by the actions of non – employees, AH3 shall only be liable when there is intentional or gross negligence. The customer should properly take care of their belongings and avoid carrying items of special value.
3.3 Notice of Defects
If the customer discovers any defects in the performance of the contract during the journey, they must immediately notify the AH3 representative. Failure to notify in a timely manner may be regarded as contributory negligence, reducing the claim amount.
3.4 Claim Assertion
To facilitate the claim, the customer should obtain relevant written confirmations and collect evidence, and file a claim with AH3 or the travel agency as soon as possible after the end of the trip.
4. Contract Termination
4.1 Termination by the Customer before the Start of the Itinerary
If the travel price increases by more than 10%, the customer can terminate the contract without liability. If AH3 cancels the itinerary without fault, the customer can request to participate in an equivalent travel activity. In other cases, the customer can terminate the contract after paying the cancellation fee, which is determined according to the time of termination. In case of “no – show”, the customer needs to pay the full travel price.
4.2 Termination by AH3 before the Start of the Itinerary
If the minimum number of participants is not reached or due to force majeure (excluding over – booking), AH3 can terminate the contract and refund the paid amount. The customer can choose to participate in an equivalent travel activity.
4.3 Termination by AH3 after the Start of the Itinerary
If the customer’s serious improper behavior or insufficient driving ability affects the itinerary, AH3 can terminate the contract, and the customer shall bear the corresponding losses.
5. Contract Changes
5.1 Price Changes
Due to factors such as transportation costs, service fees, and exchange rate changes, AH3 has the right to change the price two months after the conclusion of the contract and more than 20 days before departure. If the price change exceeds 10%, the customer can terminate the contract without liability.
5.2 Service Changes after the Start of the Itinerary
For changes not caused by AH3’s liability, the breach of contract provisions shall apply. If most of the services cannot be fulfilled, AH3 should take measures to continue the trip or provide an alternative.
6. Information Provision
Without the explicit request of the traveler, AH3 shall not disclose the traveler’s information to third parties. The cost of urgent information transmission shall be borne by the customer.
7. Passport, Visa, etc. Regulations
The customer is responsible for handling matters related to visas, etc., and abiding by relevant regulations. Any adverse consequences arising from non – compliance shall be borne by the customer.
8. Vehicle Rental
8.1 Motorcycle Rental
AH3 will provide the reserved type of motorcycle, and the vehicle condition depends on the local situation. The customer must pick up the vehicle with a valid driver’s license. Otherwise, AH3 has the right to refuse to provide the vehicle without refunding. A deposit needs to be paid when renting a motorcycle, and the vehicle damage shall be handled as specified.
8.2 Bicycle Rental
Bicycle services are provided, and the vehicle condition depends on the local situation. If the bicycle cannot be used due to reasons not attributable to AH3, the rental period will not be interrupted. AH3 is only responsible for replacing the bicycle when the damage is caused by its own fault.
8.3 Self – provided Vehicles
Members who participate in the trip with their own vehicles need to ensure that the vehicles are legal and in good technical condition. If the vehicle problems lead to issues in AH3’s performance of the contract, the customer shall bear the liability for compensation.
9. Driver’s License and Driving Ability
The customer shall declare at the time of booking that they hold a valid driver’s license and have the driving ability. If there is any change in the driver’s license information, they must notify AH3 in a timely manner. If it is found that the customer’s driver’s license or driving ability does not meet the requirements, it shall be handled according to the corresponding provisions.
10. Local Regulations
The customer needs to abide by local traffic regulations, and any consequences arising from violations shall be borne by the customer.
11. Health, Alcohol, and Drugs
The customer must be in good health. Drinking alcohol and taking drugs that affect driving are prohibited during the trip. Violations shall be handled according to relevant provisions.
12. Off – road Driving
Off – road driving outside the specified itinerary is prohibited without permission. The customer shall be fully liable for any losses caused by violations.
13. Liability
The customer is responsible for personal and material damage caused by their own fault and shall indemnify AH3 against third – party claims.
14. Personal Responsibility
The customer is responsible for their own itinerary arrangements and proper custody of luggage. AH3 does not assume responsibility for this.
15. Risk Acknowledgment
The customer is aware that motorcycle travel involves risks. By making a reservation, the customer voluntarily assumes all risks and waives the requirement for specific notice of risks.
16. Room Arrangements
Some itineraries have single rooms, which will be allocated in the order of booking. If a customer requests to share a room but no roommate is found, they need to pay the single – room price.
17. Insurance
AH3 recommends purchasing travel insurance, vehicle insurance, and bankruptcy insurance, and has detailed the conditions and requirements related to insurance.
18. Data Protection and Copyright
AH3 has the right to use the materials photographed during the trip for advertising purposes and may disclose participants’ information to others, unless the participants refuse in writing.
19. Weather and Itinerary
AH3 has the right to adjust the itinerary according to weather and other conditions and does not assume responsibility for refunding costs caused by weather.
20. Special Provisions for AH3 Signature Tours
There are special provisions in aspects such as booking and payment, traveler changes, contract termination, and vehicle rental. Participants are emphasized to prepare valid documents and be aware of and accept special risks.
21. Applicable Law
The contract relationship is governed by Chinese law.
22. Place of Performance and Jurisdiction
The place of performance is the registered place of AH3. The jurisdiction is [City], [Province], China (except as otherwise compulsorily provided by law).
23. Others
Oral agreements are only valid upon written confirmation by AH3. Tour guides have no right to make commitments inconsistent with the contract. AH3 can correct printing and calculation errors at any time. The invalidity of some provisions does not affect the validity of other provisions.
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