Terms of Service

By booking or participating in a tour or any other related services ("tour") with The China Guide ("we", "our", "us"), the Traveler ("you") acknowledge that you have read, understand, and agree to be bound by these Terms of Service ("terms"). If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these terms on behalf of the other participants in your party.

1. BOOKING AND CONTRACT

Your booking is confirmed and a contract exists when we confirm the receipt of the applicable deposit by email. You must be at least 18 years of age to make a booking. You agree to provide us with full, complete, and accurate information.

2. PRICE, QUOTATION, AND PAYMENT

All prices published on our website are subject to change without prior notice. Quotations are also subject to change prior to booking. Prices are quoted in the local currency, Chinese Yuan (CNY).

Depending on your itinerary and the departure date of your tour, a deposit of 10-100% of the total tour price is required at the time of booking. The outstanding balance is due 45 to 15 days prior to the departure date. Your travel specialist will advise you of the specific requirements prior to booking.

Payment can be made by bank transfer, credit card (Visa or MasterCard) or any other method agreed by us.

3. TRAVEL DOCUMENTS

It is your responsibility to obtain and to have in your possession all the required documentation and identification required for entering China. These documents may include but are not limited to a valid passport, a Chinese visa, permits and certificates, and insurance policies. Your passport must be valid for at least six months from the last date of travel with us as set out in your itinerary. When traveling to China, you must carry the same travel documents as the copies you have provided to us.

The Chinese government may require foreign travelers to apply for a permit when traveling to specific regions, such as Tibet. We will assist you in applying for such permits but you are responsible for providing the documents required. We do not guarantee that the Chinese government will issue your permit even after you have prepared all the documents.

You are solely responsible for any costs incurred as a result of missing or defective documentation.

4. MEDICAL, HEALTH, AND INSURANCE

You are responsible for assessing whether a tour is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. We do not provide medical advice; you should seek your physician's advice on vaccinations and medical precautions.

Travel in China may involve visiting remote or developing regions where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. We make no representations and give no warranties in relation to the availability or standard of medical facilities in China.

We highly recommend you purchase travel insurance that covers all applicable dates of travel with us in your home country. Your travel insurance should at least cover personal injury and emergency medical expenses. You are recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You are responsible for advising your insurer of the type of travel, destination(s), and activities included in your booking so that the insurer may provide appropriate coverage.

You acknowledge that insurance coverage is not included in the cost of any tour offered by us. It is your responsibility to ensure that you have sufficient coverage and will be at your own risk if you fail to do so.

5. FLEXIBILITY AND UNUSED SERVICES

After your booking has been confirmed or your tour has started, we may be forced to modify your itinerary, schedule, accommodation, activities, and mode of transportation due to unforeseeable circumstances, operational concerns or concerns for your health, safety, enjoyment or comfort, or events outside of our control. You acknowledge that the nature of travel requires flexibility and acknowledge that you will permit reasonable alterations to services or itineraries. Any changes are at our discretion. We will notify you as soon as practically possible and will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.

Where a significant element of a tour as described cannot be provided, we will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, we will provide you with a refund for unused products or services unless the failure to provide is due to your unreasonable conduct or force majeure.

If you wish to change your itinerary, schedule, accommodation, activities or mode of transportation after your booking has been confirmed or your tour has started, we will do our best to assist you in making the change, but make no guarantees. You will bear any extra costs incurred as a result of these changes. If you wish to cancel part of your trip, we will refund you any costs that we can recover from the cancellation of the unused products or services as determined at our discretion.

6. IN THE EVENT THAT YOU CANCEL A TOUR

If you have to cancel your whole trip before departure, you will need to notify your travel specialist by email as early as possible. The earlier you notify us, the smaller your loss will be. The cancellation fee, if charged, will be determined according to the date on which we receive your notice of cancellation.

Cancellation fees charged by us:
(a) Cancellation received 14 days or more before your tour starts: no cancellation fee
(b) Cancellation received 13 to 7 days before your tour starts: 10% of the tour price
(c) Cancellation received 6 to 0 days before your tour starts: 20% of the tour price

Cancellation fees charged by third-party service providers:
Canceling your tour may incur third-party cancellation fees (such as airlines, rail companies, cruise lines, hotels and banks). All fees will be itemized within 24 hours of receiving your notice of cancellation.

An alternative cancellation policy may apply to certain tours. Your travel specialist will advise you of any such policy prior to booking.

7. IN THE EVENT THAT WE CANCEL A TOUR

We guarantee that all scheduled tours booked and secured with a valid deposit will depart on the date agreed, subject to reasonable itinerary changes as described in these terms. This guarantee is not applicable in the case of Force Majeure.

If we cancel a tour before the date of departure for reasons other than Force Majeure and the cancellation is not a result of your fault or negligence, you may choose one of the following options:

(a) a substitute tour of equivalent or superior value
(b) a substitute tour of lesser value and to recover the difference in price
(c) a full refund of all fees paid for the cancelled tour

We are not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including, but not limited to, visas, vaccinations, non-refundable flights or trains, non-refundable car parking, and any other fees or loss of earnings.

8. LIABILITY

By traveling with us you acknowledge that you have considered any potential risks to health and safety. You acknowledge that there may be a significant degree of personal risk involved in participating in high-risk activities or travel to developing regions. Standards of hygiene, accommodation and transport in China may be lower than the standards you may reasonably expect in your home country. You hereby release us from all claims and causes of action arising from any losses, damages, injuries or death resulting from the risks inherent to travel.

You must at all times strictly comply with all applicable laws and regulations in China. Should you commit any illegal act when on tour or, if in our opinion, your behavior is causing or is likely to cause danger, distress or material annoyance to others, we may immediately terminate any services at your expense. You will not be entitled to any refund or costs incurred as a result of termination of your travel arrangements.

You agree to take all prudent measures in relation to your own safety while on tour, including, but not limited to, the proper use of safety devices and obeying all posted signs and oral or written warnings regarding health and safety. Neither we nor our service providers are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

We act only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. We are not responsible for delays or changes to air itineraries or flight times.

You agree that any assistance given by our representative(s) in arranging, selecting or booking any optional service that is not included in your booking with us is purely at your request and we make no warranties and expressly disclaim any liability arising from participation in these optional services.

9. COMPLAINTS

You agree to bring any complaints to us as soon as possible in order to provide us with the opportunity to properly address them. You agree to inform your tour guide or travel specialist directly. We assume no liability for complaints that are not properly brought to our attention. Any complaint made after the completion of a tour must be received in writing within 15 days of the last day of travel.

10. FORCE MAJEURE

We will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for our failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, terrorist activities or threat thereof, civil commotions, labor disputes, interference by authorities, political disturbance, riots, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond our reasonable control. Any event which we or our service providers cannot, even with all due care, reasonably foresee constitute force majeure.

11. APPLICABLE LAWS

The contract and these terms are subject to the laws of the People's Republic of China and you submit to the exclusive jurisdiction of the courts located in Beijing for the resolution of any dispute under these terms or concerning any tour or service.