GENERAL TERMS AND CONDITIONS

(Website Usage & Privacy Policy)


1. GENERAL

This websitewww.thomascook.com.cn(“Site”) is operated by Beijing Xiuping International Travel Agency Co., Ltd. (“Thomas Cook China” or “we”). If any user (“User” or “you”) visits this Site or reserves, uses or purchases our product or service (collectively “Service”) on this Site, the User shall be deemed to accept these Terms and Conditions. Please read these Terms and Conditions carefully (especially the content in bold fonts) before using this Site. If you disagree with any part of these Terms and Conditions then you may not use this Site whatsoever.


All Service provided by Thomas Cook China on this Site shall be subject to these Terms and Conditions. In the event of any discrepancy between these Terms and Conditions and our terms and conditions for accommodation booking, tourism contract and etc. (collectively “Other Clauses”), the Other Clauses shall prevail.


2. CONDITIONS OF USE

For the purpose of using this Site and enjoying the Service provided by Thomas Cook China, the User shall:


(a) provide the equipment, such as a personal computer, a modem with internet device and etc;
(b) provide authentic, accurate and detailed personal information to Thomas Cook China in a timely fashion;
(c) update the personal registration information in a timely, detailed and accurate manner, if necessary;
(d) agree to accept various types of information services in connection with the Service, including but without limitation transmission of short messages, advertisements and etc.


3. AMENDMENT OF SERVICE TERMS

Thomas Cook China may, from time to time, amend these Terms and Conditions and/or Other Clauses at its own discretion without any notice to the Users. The User shall visit this Site on a regular basis and be updated with any amendment of aforesaid service terms. Continued use of the Site following any amendment shall constitute your acceptance of such amendment.


4. CHANGE, INTERRUPTION, TERMINATION OF SERVICE

You completely understand and agree that, as the provision of Service hereunder relies on the normal operation of network and telecommunication, the Service hereunder may be adversely affected by some event out of our control. We do not warrant that this Site is free from computer viruses or other properties that may cause loss or damage. Thomas Cook China shall under no circumstances be liable for any damage or loss caused by interruption, cancellation or termination of the Service resulted from force majeure, computer virus or hackers, system instability, malfunction of User’s computer, network failure or any other unpredictable or uncontrollable event.


We may need to conduct reparation and maintenance to this Site and relevant equipment on a regular or irregular basis. In such case, we will publish the notice on this Site for your information. Thomas Cook China does not accept any liability in respect of your inability to access or use this Site at any time or for any interruption in that access or use, or for any failure to complete any transaction.


5. RULE OF USE

During use of the Service provided by us, you must fully comply with the laws and regulations of PRC, you shall agree not to use the Service to conduct any illegal or improper activities, including but not limited to upload, display, exhibit, spread or transmit any information that may:


(a) violate the principle of PRC Constitution;
(b) jeopardize the national security, divulge the national secrets, subvert the state power or undermine the state utility;
(c) damage the national honour or interest;
(d) constitute discrimination of ethnic, gender or other kinds;
(e) violate the national religious policy or publicize heresy or feudal superstitions;
(f) disturb the social order or undermine the social stability;
(g) contain sexual suggestive material, gambling, violence or murder;
(h) constitute insult or slander to other people or infringement to other people’s privacy or other legal benefits;
(i) contain vulgar language; or
(j) contain any other content that is prohibited by PRC laws, regulations or other rules with legal force and effect.


Additionally, by using this Site you agree that:


(a) you accept financial responsibility for all transactions made under your name or account;
(b) you must be 18 years of age or over and have legal capacity;
(c) you warrant that all information you provide about yourself and about anyone else shall be true and accurate;
(d) this Site must not be used for speculative, false or fraudulent bookings;
(e) the transmission of threatening, defamatory, pornographic, political or racist material, or any material that is otherwise unlawful or offensive via this Site is expressly prohibited; and
(f) this Site and any of its content may not be modified, copied, transmitted, distributed, sold, displayed, licensed or reproduced in any way by you.


6. SITE CONTENT AND INFORMATION

No warranties or promises of any kind, express or implied, are given as to the accuracy of any of the information on this Site or as to the nature, standard, suitability or otherwise of any Service offered by us or on our behalf. Thomas Cook China shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) that may arise as a result, directly or indirectly, from the use of any of the information or material contained on this Site and/or the use of or access to any other information or material via web links from this Site, or any inability to access this Site.If any of these exclusions, in whole or in part, are found to be unlawful, void or unenforceable for any other reasons, that exclusion or part of the exclusion shall be deemed severable and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question.


The information and prices on this Site are not 'live' and are updated from time to time. Every effort is made to ensure the accuracy of all information and prices but, regrettably, errors do occasionally occur. Where a price is obviously incorrect due to a system error, we shall not be bound by such price. The prices and any discounts shown on this Site may vary from the prices offered for the same holidays by Thomas Cook China retail shops (if any) and Thomas Cook China telephone direct businesses (if any).


7. 3rd PARTY WEBSITE CONTENT

Where we provide links to other company websites, we shall not be deemed to endorse their products or services. Your use of these links is entirely at your own risk, and we cannot accept responsibility or liability for the content, use or availability of these sites. We have not checked the content of these sites. This Site may also contain some material provided by third parties and we cannot accept responsibility or liability for the accuracy of that material.


8. COPYRIGHT AND TRADEMARK

The copyright in the content of this Site belongs to Thomas Cook China or to the licensors of such content. We reserve the copyright and all proprietary rights in this Site and all its content. The name 'Thomas Cook' and any other marks, logos and graphics of Thomas Cook displayed on this Site are registered trademarks of Thomas Cook UK Limited or its affiliates and are granted and licensed to Thomas Cook China to use. Other company and product/service names displayed on this Site may be the trademarks of their respective owners. The Users are not granted any right or license to use any trade marks.


9. PRIVACY POLICY

We collect personal data about you that you provide to us while using the Site (“Personal Data”). Personal Data may include your name, address, phone number, payment account information or e-mail address. We also collects non-personally identifiable information, which may be linked to your Personal Data, including your log-in name, IP address and password, and search preferences related to specific searches.


To prevent unauthorized access, we maintain reasonable steps to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, or unauthorized disclosure or access.


We use Personal Data and other information collected through this Site to register you with this Site, to provide you with the requested products and services, to build features that will make the Service available on the Site easier to use, and to contact you about these Services. This includes faster purchase requests, better customer support and timely notice of new services and special offers. From time to time, we may contact you to request feedback on your experience using the Site, to assist us in improving the Site, or to offer promotions to you as a Site user, in case you have indicated your consent to receiving such communications.


We may share your Personal Data with third parties we employ to perform the Service on our behalf, to market our products and services, to handle transactions and to otherwise provide you with customer service. All such third parties will be under an obligation to maintain the confidentiality of the Personal Data, and to process the Personal Data only in accordance with our instructions. In some cases, however, we may require that you transact directly with a third party to obtain services, or when you use the Site to reserve a hotel room or obtain another product or service, we may provide your Personal Data to that hotel or other involved third party. We may disclose Personal Data to protect ourselves against liability, to respond to subpoenas, judicial processes, legitimate requests by law enforcement officials, or as otherwise required in order to comply with applicable law, or to the purchasers in connection with any sale, assignment, or other transfer of all or a part of our business or company. We may also disclose Personal Data to enforce or apply the terms and conditions applicable to our products and services, or to protect the rights, property or safety of us, our users, or others. In the situations described above, the recipient of the Personal Data may be located in a jurisdiction that may not provide an equivalent level of data protection to the laws in your home jurisdiction.


To serve you faster and with better quality, we use "cookie" technology on this Site. Cookies are small bits of code, usually stored on a user's computer hard drive, which enable a website to "personalize" itself for each user by remembering information about the user's visit to the website. Cookies can store a variety of information, including IP addresses, navigational data, server information, data transfer times, user preferences, and e-mail addresses and passwords needed to access the Site. The "Help" section of the toolbar on most Internet browsers will tell you how to prevent your browser from accepting new cookies or how to configure your browser to reject cookies altogether. If you disable cookies, you might not be able to access important functions or features of this Site and your use of the Site may be limited. The cookies used on this Site are associated with a User's Personal Data.


If you wish to update any Personal Data you have previously provided, or to exercise any right of access, rectification, deletion, or opposition to the processing of your Personal Data that you may have under applicable law, please email us at info@thomascook.com.cn. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Data.


10. SEVERABILITY

These Terms and Conditions are severable. In the event that any provision is determined to be unenforceable or invalid, such clause shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining clauses.


11. LANGUAGE

These Terms and Conditions are written in both English and Chinese, which shall have equal force and effect.


12. GOVERNING LAW

The validity, construction and performance of these Terms and Conditions shall be governed by and construed for all purposes in accordance with the laws of PRC.


13. DISPUTE RESOLUTION

Prior to taking any legal action, Thomas Cook China and the User shall endeavour to settle by amicable arrangement any dispute arising between them. Should the dispute cannot be resolved by an amicable arrangement, either party may submit to Shanghai International Arbitration Center (“SIETAC”) for arbitration in accordance with its then applicable arbitration rules. The venue for arbitration will be Shanghai, and both Chinese and English shall be used in the arbitration proceeding.


You have read and fully understood these Terms and Conditions, especially those content in bold fonts, before using this Site, and hereby warrants that you will perform your obligation under these Terms and Conditions.