Terms and Conditions

 CHINA WAYS

Service Agreement

 

Thank you for choosing Chinawayz.com as your tour operator in China. Our mission is to provide an exceptional travel experience to every person who journeys with us.

This Service Agreement (this “Agreement”) is a part of the China Dragon International Travel Agency Co. (“China Ways”) Agreement between China Ways and the “Customer” who books a tour through this website or visits this website (together with the Privacy Policy, Website Terms of Use Policy, and all other documents, addenda, schedules, and exhibits incorporated therein, collectively, the “Agreement”)  governing Customer’s use of the travel booking and tour services provided by China Ways.

In the event of any conflict between the terms of this Agreement and the Privacy Policy or Website Terms of Use Policy, the relevant terms of this Agreement will prevail.

 

1. BOOKING.
   1. Reservation and Payment:
      1. All tour fares are in U.S. Dollars.
      2. We use a real time booking and online payment system, which means our prices are always updated.
      3. We reserve the right to correct pricing errors or to increase the tour price in the event of price increases due to changes in airfares, cruise fares, currency devaluation, park fee increases, taxes, or fuel surcharges before we receive your reservation deposit.
      4. Upon receiving your inquiry to book a tour, we will gather the requested information and updated prices for your customized tour package and reply to you by email, chat, or phone. We work to ensure that you book the best vacation package for your needs, at the best price on the market. We gladly answer all questions and offer suggestions to enhance the quality of your travel. As soon as you confirm the customized tour package, or purchase one of the pre-planned tours, we proceed to reserve your trip.
      5. A minimum payment of twenty percent (20%) is required as a deposit to confirm your booking. You can easily switch between “Full Payment” and “Deposit Payment” and decide how you want to pay for your booking at this stage. As mentioned on the payment page, sending your deposit means that you have read and agree with these terms and conditions.
      6. The total amount of your tour might be slightly different based on your selected room occupancy. The default prices on the website are based on double occupancy and are per person. A single room supplement will be added to your total price, if you choose single room occupancy.
      7. The final payment is required thirty (30) days before the tour departs.
      8. If you fail to make a full payment within thirty (30) days of departure, your tour may be cancelled and your deposit may be forfeited.
      9. If you book within thirty (30) days of departure, then a “Full Payment” will be required at the time of booking.
      10. China Ways is a Chinese company that processes your payments using safe and secure payment gateways that support credit and debit cards as well as PayPal. It makes the payment safe and reliable for our customers around the world. We also accept Bank Transfers, Western Union, and also WeChat, and AliPay for customers in China.
   2. Tour Fare includes:
      1. The services and amenitiesare described on the specific tour web page.
   3. Tour Fare Does Not Include:
      1. Entry tourist visa processing fee, passport application or renewal fee;
      2. Airfare to or from the tour’s place of departure in China;
      3. Personal expenses including, but not limited to, baggage fees, telephone expenses, laundry, food or beverages outside the tour’s itinerary;
      4. Travel insurance protection premiums;
      5. Any processing surcharge or exchange fee for making the online payment; or
      6. Gratuities for tour leader, tour guides, drivers, bellmen, porters and waiters.
   4. Grouping and Minimum Passengers
      1. Small Group Tours: This is one of the best ways to reduce travel costs and still take advantage of arranged transportation and a professional tour guide. We ensure that we have a perfect combination of fantastic people to join in a small group to share the expenses and offer a better deal.
         1. For most tours, we do not impose a minimum number of passengers. However, for some tours we require at least two (2) passengers to run the tour, and these tours will indicate the minimum number of passengers in details section on that tour’s page. If the total number of passengers should fall below our minimum requirements, China Ways may cancel the tour and issue customers a full refund.
      2. Private Tours: This type of tour is customized and tailored based on your preferences and no other passengers will accompany you for the duration. You will still experience all that China has to offer and will interact with others while cruising the Yangtze river or embarking on public transportation. You will have access to a private driver and tour guide during your trip, which gives you the ability to be reasonably flexible on visiting duration, meal time, etc.
   5. Passports and Visas
      1. China Ways offers its services to people worldwide. Since we have a wide variety of customers from different origins, we are not currently offering and including international flights and Chinese visas in our tour packages. It is your responsibility to make sure you have a valid passport and visa before coming to China. Your passport must be valid for at least six (6) months after the return date of your trip, and you must have at least two (2) blank pages available.
      2. The process of getting a Chinese visa is different based on your country of residency. We are offering an official invitation for those who need this letter to obtain their visa. For more information about Chinese visas please take a look: Chinese Visa page.
      3. Passengers who are qualified for a 144-hour visa free stay in Beijing and Shanghai need to confirm this with their local embassy. You can find a list of Chinese embassies and consulates on our website.
   6. Booking Name
      1. Customers must book using the same exact name that appears on their passport or official travel document. Tickets will be issued under the booking name, in order to comply with transport carriers, hotels, and the Chinese government. Incorrect names may be considered a cancellation. Customers may book tours on behalf of others, but the recipients’ names must exactly match their official travel documents.
   7. Changing Itinerary
      1. Certain tour program options can be changed with a fee after reservation:
         1. Customers may change their tour package prior to departure. Customers are responsible for any increased costs due to differences between the tour packages. If your request to change your itinerary is less than thirty (30) days before the departure, we will ask that you pay the entire difference at the time you request the change.
         2. Customers may upgrade their hotel room, VIP or business class ticket, room occupancy, or meal plan. Any increases in costs will be due at the time the change is requested.
         3. For city tours, customers may change the tour departure date after making full payment and notifying China Ways in writing at least seven (7) days prior to departure.
      2. Certain tour program options cannot be changed:
         1. Passengers cannot assign or transfer their vacation packages to another person after booking.
         2. Any unused part of itinerary is neither refundable nor exchangeable.
         3. For private tours, customers may not change the tour departure date.
2. CANCELLATION AND REFUND.
   In case of any cancellation, these terms will apply. In the event there is any conflict between this general cancellation policy and the policies for a specific tour package, the policies for the specific tour shall control.  Only written cancellation requests will be considered. You can send your request directly to [email protected] or use the Cancellation Form to let us know. We will determine whether to grant your cancellation request and let you know bot whether your request has been granted and if so, the return amount, within seven (7) days. Any refunds granted will be processed and returned within twenty-one (21) business days after receiving your request. Unless customers cancel within forty-eight (48) hours of booking, no portion of the Deposit Payment shall be returned to the customer under any circumstances. If customers made a full payment at the time of booking, and request to cancel, then China Ways will retain twenty percent (20%) of the trip price plus the additional fees contemplated below:
   1. Small Group Tours:
      1. +30 days before tour departure: Free Cancellation. We will return 100% of your payment.
      2. 29 to 15 days before tour departure: China Ways retains your twenty percent (20%) Deposit Payment, but does not charge you an additional penalty fee. You are liable for the cost of any Flight, Train, Cruise, or Hotel room that we have already booked for you. We will send you a bill for these booked items if the costs exceed your twenty percent (20%) Deposit Payment.
      3. 14 to 3 days before tour departure: fifty percent (50%) of the total price.
      4. Within two (2) days before tour departure: China Ways will retain one hundred percent (100%) of the total price.
   2. Private and Customized Tours:
      1. +15 days before tour departure: China Ways retains your twenty percent (20%) Deposit Payment, but does not charge you an additional penalty fee. You will also remain liable for the cost of any booked flight, train, cruise, or hotel room and will be charged for these costs.
      2. 14 to 3 days before tour departure: Fifty percent (50%) of the total price. China Ways will also retain your twenty percent (20%) down payment. You will also remain liable for the cost of any booked flight, train, cruise, or hotel room and will be charged for these costs.
      3. 14 to 3 days before tour departure: China Ways will retain one hundred percent (100%) of the total price. You will also remain liable for the cost of any booked flight, train, cruise, or hotel room and will be charged for these costs.
      4. Special deals or promotions:All bookings for special deals, promotions, or promotional tours are final once purchased and paid in full. China Ways will not issue any refunds or accept transfers at any time.
      5. Cancellation time: Since the actual cancellation process happens in our Beijing office, we use China Standard Time (CST), UTC +8 as a base to apply the cancellation policy.
3. GENERAL TERMS AND CONDITIONS.
   1. Travelers Insurance
      1. At this time, we do not provide travel insurance. We encourage our customers to purchase travel insurance policies from their preferred insurance providers before your travel to China.
      2. We do not provide any traveler’s insurance liability plan. You may choose to purchase this separately if you desire from an independent third party.
      3. For customers who wish to obtain Traveler’s Insurance through a Chinese Insurance Company, we will put you in contact with Chinese insurance providers once you arrive in China.
      4. In all cases, customers are responsible for communicating directly with their insurer for all claims.
   2. Hotel Policies
      Hotels set their own policies and some require passengers to offer a valid credit card (or some amount of cash) to the hotel reception as a deposit guarantee for any personal expense such as damage to hotel properties, laundry fees, minibar usage etc.
   3. Complaints
      We rely on our customers’ feedback to continually improve our services and provide the best tours. If you have a complaint during your trip, please immediately let a tour leader know and they will try to solve it. If they are unable to solve the issue, they will contact China Ways and allow us to follow up on your complaint. If you are not satisfied with your travel experience, please let us know by email, phone, or live chat session so that we can follow up with you. We are unable to address complaints we are not aware of.
   4. Baggage
      Customers are solely responsible for their own baggage. China Ways assumes no liability for loss, theft, or damage to baggage or possessions. Customers are strongly encouraged to limit their baggage to one checked bag and one small personal item for the duration of their trip.
   5. Shopping
      Customers will be provided with many opportunities to purchase goods and local products in China. Customers are not obligated to buy anything. Customers are solely responsible for their purchases. Customers are prohibited from purchasing any live cargo, animals, or any nuisance-like product (for example a strongly scented, exceptionally loud, or dangerous product) during the tour. Customers are responsible for handling any disputes that may arise with local merchants. Customers are solely responsible for transporting their purchases back to their countries of residence and must comply with all of their country’s customs and border patrol rules.
   6. Health
      China Ways recommends that travelers be in good health, as determined by the traveler’s physician. Travelers will be required to board and disembark transportation, walk long distances, and carry their own luggage. Travelers are responsible for preparing themselves for the level of activity that will be required on the tours. Travelers must disclose any mental, physical, or other illness, pregnancy, disability, or any other condition that may create a health issue for themselves or other travelers, or require special accommodation, at the time of reservation in order for China Ways to determine what kinds of accommodations it can reasonably provide. This information will be treated according to our Privacy Policy.  China Ways will make reasonable efforts to accommodate disabled travelers but is not responsible if hotels, restaurants, or other providers in China deny disabled travelers services. China Ways is unable to assist travelers with walking, eating, personal hygiene, or medical tasks. Disabled Travelers may be accompanied by a qualified companion who is responsible for providing the disabled traveler with assistance for the duration of the trip. Qualified companions must purchase fare, just like all other travelers. For group tours, China Ways reserves the right to decline people who are unable to participate in the group tour due to their fitness level, or if their health condition creates a danger to themselves or others, or would otherwise impede the other Travelers’ enjoyment. For customers with food allergies, China Ways cannot guarantee that the food preparers will be able to accommodate dietary restrictions or allergies.
   7. Participation and Conduct during Tour
      1. Travelers who elect not to participate in certain parts of the tour or not to use certain goods or services, will not receive a refund for any unused parts of the tour, or unconsumed goods and services.
      2. Travelers are responsible for respecting the guides, transportation providers, hotels, fellow passengers, and Chinese law. As it is our policy to ensure a peaceful, enjoyable trip for all passengers, we may exclude any traveler from participating in all or any part of the tour if, in our sole discretion, the traveler’s behavior may render them unfit. Unfitness may include, without limitation, any behavior that is inappropriate, nuisance-like, belligerent, disruptive, offensive or behavior that may constitute a danger or embarrassment. In such case, China Ways may decide to refund a portion of the recoverable cost of any unused portion of the tour.
      3. We reserve this right in our sole discretion. No refund shall be issued to a customer who engages in or displays disruptive or belligerent behavior and it shall be their sole responsibility to make their own travel arrangements from that point going forward.
   8. Liability
      1. International travel can be unpredictable and while China Ways partners with the best vendors and tour providers in order to make your travel experience as comfortable, consistent, and pleasant as possible, we are not responsible for the following:
         1. acts of independent contractors or agents who provide tour, transportation, or other services in China;
         2. acts of any transportation company, vessel, boat, airline, cruise, train, bus, or automobile providers;
         3. acts of God such as but not limited to, typhoons, hurricanes, earthquakes, poor air quality, landslides, floods, fires, or any other natural disaster that may delay, cancel, or curtail your trip;
         4. acts of terrorism, political unrest, or wars which may delay, cancel, or curtail your trip;
         5. acts of fellow passengers, unrelated tourists, or Chinese residents;
         6. accidents, medical emergencies, or personal emergencies of individual passengers;
         7. outside services that individual customers arrange with local agents, local guides, or the driver beyond the planned itinerary;
         8. extra expenses from shopping, attractions, or add-on destinations;
         9. price increases due to tariffs, trade wars, increased price on airfare, cruise fare, fuel costs, lodging costs, major events and holidays within China, currency devaluation, taxes, and park fee increases; or
         10. defaults or negligent acts by any third-party.
      2. We will do our best to assist customers in the difficult situations contemplated above. Our mission is to provide an exceptional travel experience to every person who journeys with us. Customers understand and agree that China Ways does not own any third-party providers and does not employ the tour providers in China. Customers agree to take up all legal disputes with third parties directly. Customers agree that any liability owing to changes in itinerary or cancellations by China Ways will be limited to the cost of the tour.
      3. China Ways reserves the right to alter the itinerary, withdraw from any tour, and make other alterations for the convenience of the operation of tours. China Ways reserves the right to cancel the tour for any reason prior to departure. Liability for such cancellation is limited to a full refund to passengers and this will constitute full settlement with the passenger.
   9. Conflicts and Choice of Law
      This Agreement shall be subject to and governed by the laws of the state of Oregon. Any dispute, controversy, or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, will, upon the request of any party involved, be submitted to, and settled by, arbitration in Beaverton, Oregon, pursuant to the American Arbitration Association rules of arbitration.  Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. In the event that neither party requests arbitration, each customer hereby consents to the exclusive jurisdiction of Washington County, Oregon, Circuit Court in any action on a claim arising hereunder.
   10. Attorney Fees
       In the event of any suit or action to enforce or interpret any provision of the Agreement, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals.  The determination of who is a prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party shall be decided by the arbitrator.
   11. Severability
       If any part of this Agreement is found to be void, the remaining provisions of this Agreement will nevertheless be binding with the same effect as though the void parts were deleted.
   12. Agreement Binding
       This Agreement shall be binding upon the customers hereto and upon their heirs, executors, administrators, or successors; and the customers hereto agree for themselves and their heirs, executors, administrators, or successors, to execute any and all instruments in writing which are or may become necessary or proper to carry out the purpose and intent of this Agreement.
   13. Entire Agreement
       This Agreement, together with the Privacy Policy, and policies contained on this website, represent the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior agreements, writings, or understandings between the parties with respect to the subject matter hereof.
   14. Assignment; Third party rights
       This Agreement is between the customer and China Ways. The provisions of this Agreement are intended to bind the parties as to each other and are not intended and do not create rights in any other person or confer upon any other person any benefits, rights, or remedies. No person is or is intended to be a third-party beneficiary of any of the provisions of this Agreement. Like all major vacation companies or airline carriers, China Ways does not allow customers to assign their place on tour to another person. Customers are allowed to book tours and vacation packages for other people, but once the initial deposit is paid, customers are not allowed to change the identity of the recipient of the vacation.
   15. Agreement
       Booking a tour and paying the twenty percent (20%) Deposit shall be deemed consent to this Agreement.