Terms & Conditions of Use

Effective March 10, 2010

Welcome to Pandaadventures.com (PANDA Travel)! Please read these Terms and Conditions of use carefully before using or obtaining any content, products, or services through our websites.

Access to and use of these websites is subject to acceptance of the terms and conditions below ("Terms"), which include our Privacy Policy . By accessing, using or obtaining any content, products, or services through these websites, you agree to be bound by these terms. If you do not accept all of these terms, then please do not use these websites.

1. Definitions
2. Scope and Terms
3. Use of the Site
4. Privacy and Security
5. Services and Content
6. Links to Third Party Sites
7. Intellectual Property
8. Fees
9. Disclaimer of Warranty
10. Limitation of Liability
11. Indemnification
12. Travel Service Terms and Conditions
13. Disputes
14. General
15. Provisions of These Terms and Conditions
16. Contact Information

1. Definitions
In this document, terms that commence with a capital letter are defined in this Section or in the preamble.

"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Products and Services.

"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.

"Member" means an individual who has registered with the Site. Members choose a Member ID and a password.

"Member ID" means the e-mail address you use (with your password) to login to our Site.

"PANDA" or "we" means PANDA, and its subsidiaries and affiliates.

"Products and Services" means the airline travel, hotel accommodation, car rental , ground transportation, tours, theater tickets, attractions, travel insurance, care alerts, and other items available through the Site.

"Provider" means PANDA's, suppliers, information providers, and travel and leisure service providers.

"Purchase" means to book, reserve, or purchase.

The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.

"Site" means the www.pandaadventures.com website, and their respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites and sub-sites.

2. Scope and Terms
Site
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of PANDA and its Providers.

Additional Terms
Additional terms, including Travel Services Terms and Conditions may apply when you Purchase Products or Services, or when you participate in sweepstakes, raffle, or other promotions. For example, airlines have contracts of carriage, hotels have cancellation policies, and sweepstakes are subject to rules. These additional terms are found in the area of the Site where you will Purchase a Product or Service, or where you will register for a sweepstakes.

Age restriction
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site.

Responsible party
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in the folder. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.

3. Use of the Site
License
PANDA grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.

Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.

No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content.
If you do so, you may not modify the Content in any way, and you must reproduce the PANDA copyright notice (or the Provider's notice as applicable) in the form:
© 2007-2008 Pandaadventures, - All Rights reserved
as displayed on the relevant page(s) that you might copy.
Except as provided above, you may not

" Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
" Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
" Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
" Reverse engineer any part of this Site; or
" Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties

Other Limitations
Unless otherwise provided within these Terms, or unless specific applicable law requires PANDA to allow you to do so, you may not do any of the following without the prior written consent of PANDA:

" Use any robot, spider, other automatic device, or manual process to monitor Content;
" Use the Site other than to make legitimate reservations or purchases;
" Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
" Imply in any fashion that PANDA is endorsing your products or services;
" Place false or misleading information on the Site,
" Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
" Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by PANDA, other Site users or members;
" Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
" Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
" Disguise the origin of the information transmitted through the Site.

Member ID and Password
Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Termination
PANDA, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. PANDA shall not be responsible to you to such suspension or termination.

Changes
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that PANDA shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms, as provided in Modifications

4. Privacy and Security
Your use of the Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you.
Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

5. Services and Content
Availability
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Content
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.

You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided below.

Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

6. Links to third party sites
Outbound Links
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

Inbound Links
We welcome links from a third party site to the home page of our Site, through a plain text link, provided that (a) you give PANDA prior written notice of such link by contacting PANDA Customer Service, to request PANDA's permission to establish the link; (b) you discontinue providing a link to our Site if so requested by PANDA; (c) you do not imply in any fashion that PANDA is endorsing any of your products or service or is affiliated with you, (d) you do not present PANDA in a false light, or provide misleading or false information about PANDA, or its Site or Services, (e) you do not remove or obscure the copyright notices, or other notices on this Site; (f) you do not use any Mark of PANDA; and (g) you do not replicate, frame or mirror the content of the Site.

We reserve the right to require you to remove links to the Site, in our sole discretion.

Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with PANDA.

7. Intellectual Property
Ownership Rights
This Site is the sole and exclusive property of PANDA. PANDA retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.

Trademarks
PANDA, PANDA Travel, PANDA FOR BUSINESS, and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of PANDA and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from PANDA or the relevant Provider, except as an integral party of any authorized copy of the Content.

Additional Copyright Notices
Much of the Content is owned by third parties. These materials are subject to the additional terms below, which are incorporated into, and made a part of the Terms.

If there is a conflict between the Additional Copyright Notices and the remainder of these Terms, the Additional Copyright Notice supersede any provision of these Terms with respect to the Content to which it pertains.

Your Comments and Submissions
Any communications or materials you transmit to PANDA, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant PANDA, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.

8. Fees
PANDA may charge a fee for the service it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.

9. Disclaimer of Warranty
PANDA and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. PANDA and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that PANDA is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, PANDA AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

10. Limitation of Liability
IN NO EVENT WILL PANDA OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF PANDA AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, despite the limitation above, PANDA or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then PANDA and the Providers' liability will in no event exceed, in total, the sum of US$150.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

11. Indemnification
You agree to defend and indemnify PANDA and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against PANDA as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.

12. Travel Services Terms and Conditions
The receipt of your deposit and/or final payment will indicate that you and your travel agent (when applicable) have read these Terms and Conditions, and that you (and your agent) have accepted them.

Our Contract
It is essential that you carefully read and that you understand these Booking Conditions which contain important information. They constitute the contract between PANDA and you for the services provided by PANDA and set out the basis of your legal relationship with PANDA.

By booking with us and paying the non-refundable deposit of 15% of total booking cost per passenger for all trips (USD 50 per passenger for extensions), or full payment, you acknowledge that you have read and understood and that you agree to be bound by these Booking Conditions. We will inform you in writing (to you or your travel agent) if your booking is accepted and a contract comes into existence on the date shown on this letter or email confirmation.

" Booking
" Prices & Validity
" Your Trip
" Disclaimer
" Payment
" Cancellation by PANDA
" Cancellation by You
" Booking Amendments
" Changes to Your Holiday
" Authority of the Leader
" Travel Documentation
" Your Health & Fitness
" Travel Insurance
" Luggage Allowance
" Age Limits
" Publicity
" Privacy
" Complaints
" Communications
" Governing Law

1) BOOKING
Step1: Select a tour in China Tours
Select a trip from the list of China tours.

Step 2: Check your itinerary
Check the Trip Overview/Trip Dossier/Detailed Itinerary/Dates&Prices on the trip you're interested in.

Step 3: Learn about the policies
Learn our Terms and Conditions, Booking Conditions and Cancellation Policy before the booking procedure.

Step 4: Complete all travellers details
Complete all travellers details as indicated in the form.

Step 5: Submit your booking online
Click "submit" when finishing all travellers details.

Step 6: Complete payment
Complete the payment by following the procedure in the booking letter.

Step 7: Send you a booking letter
You will receive a booking letter from PANDA of your trip.

2) PRICES & VALIDITY
Prices are based on costs and exchange rates applicable when first released on the Web. PANDA reserves the right to adjust prices whether or not you have already made full payment. We will do everything within our control not to adjust prices and will generally only amend prices in the event of marked fluctuations in exchange rates, fuel costs and other operating costs on which prices are based. Airfares (except where stated), passport and visa fees, travel insurance, excess baggage charges, airport taxes, gratuities to staff and crew, postage, telephone calls, laundry, drinks, additional hotel accommodation, medical expenses and any items of a personal nature are not included in your trip price.

3) YOUR TRIP
PANDA operates trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you would expect. Please bear this in mind when making your booking.

All PANDA trips, but especially those visiting remote or unstable regions, or regions with dangerous wildlife, involve a risk of injury, psychological trauma, disease, loss or damage to property, inconvenience and discomfort. By booking with us you agree to assume all risks associated with the journey to the maximum extent permitted by law.

When assessing whether trips will operate PANDA uses information from its local offices in conjunction with advice from the Ministry of Foreign Affairs of China, Australian Department of Foreign Affairs and Trade, the British Foreign Office, and the US Department of State. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. By booking with us you acknowledge your decision to travel on a PANDA trip is made after due consideration of relevant travel information that may be made available at any time and you agree to assume the risks associated with the trip.

4) DISCLAIMER
Where PANDA provides services it will do so with due care and skill. PANDA is not responsible for the acts and omissions of others, including tour guides, airlines and accommodation providers or for any loss, damage or expense (including loss of money paid in advance) which you may incur as a consequence of the acts and omissions of others.

You warrant that you have not relied on any representation made by PANDA, which has not been stated expressly on this website.

PANDA will not accept responsibility or liability for any passenger who contravenes any law or regulation of any country or territory visited. Any independent arrangements that you make that are not part of the PANDA trip are entirely at your own risk.

PANDA does not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with this contract or in respect of a failure or omission on the part of PANDA to comply with its obligations under this contract.

Many of PANDA tour packages include activities which require care attention. Such activities include boarding and going ashore from boats, climbing hills and entering and exiting tombs and caves etc. You will receive help and advice from our representatives but all activities are undertaken at your own risk. PANDA, its employees and agents cannot be responsible for any action or event that occurs after its said employees and agents have exercised their duty and taken the necessary care.

To the extent permitted by law, any condition or warranty, which would otherwise be implied into these booking conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Exception to Disclaimer
This disclaimer set out in these booking conditions does not attempt or purport to exclude, restrict or modify liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

5) PAYMENT
Deposit & Final payment
A deposit which is equal to 15% of the total booking cost is required at the time of booking. The full and/or final payment is required 49 days before departure for your China tour. Should the tour booked within 49 days before departure for your China tour, full payment is required.

Methods of Payment:
A. Visa or Master Card secure online payment via PayPal
B. Wire transfer
Cash payment, travelers' check is applicable upon special request.

6) CANCELLATION BY PANDA
PANDA reserves the right to cancel the departure and will advise you of such cancellations not later than 49 days before the departure date. PANDA will offer you alternative arrangements and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to PANDA, less any unrecoverable costs incurred by PANDA, but we will not be liable under any circumstances whatsoever for any claims made by you for any additional costs incurred by you.

PANDA will not be liable for any delay in, change to or cancellation of trips due to Force Majeure. Force Majeure means a circumstance beyond the reasonable control of PANDA and includes but is not limited to war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes. If PANDA does cancel a trip as a result of Force Majeure, or government travel advice, PANDA will offer you alternative arrangements and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to PANDA less any unrecoverable costs. PANDA will not be liable for any additional costs incurred by you.

7) CANCELLATION BY YOU
Notification of cancellation must be made to PANDA in writing (including mail). The date when written confirmation of cancellation is received by PANDA will determine the charges applicable. Loss of money paid is as follows:
Days before departure - Charge applicable
Not less than 49 days - Loss of deposit
Between 29 and 48 days - Loss of 50% of the total booking cost or loss of deposit; whichever is the greater
28 days or less - Loss of total booking cost

Cancellation fees for air tickets issued by or on behalf of PANDA will apply as determined by CAAC and may vary as to the type of ticket issued.

Depending on your reason for cancellation, these charges may be recoverable under your insurance policy.

If you do not pay the balance of your total booking cost within 49 days of departure your booking may be terminated and you will lose your deposit. Additional PANDA cancellation penalties may apply.

No refunds will be made if you leave a trip for any reason after the trip has begun.

Special Notes for Yangtze River Cruise: the payment for the Yangtze River Cruise can not be refunded if the cancellation notice is received less than 35 days prior to the date of the cruise.

8) BOOKING AMENDMENTS
Changes to your booking will be subject to a USD $30 administration fee per person per change. These are in addition to any changes levied by ground operators, hotels or airlines. If you need to change your tour booking more than 49 days before departure we will not refund your deposit, however you may wish to transfer your deposit to another trip in our current program. A transfer fee of USD $50 per person per trip will be levied and this must be paid prior to any transfer being confirmed. Cancellation fees will apply if trip amendment request is received within 49 days of departure.

9) CHANGES TO YOUR HOLIDAY
Travelling with PANDA requires a certain measure of flexibility, good humour, and an understanding that the itinerary, accommodation, and modes of transport may be changed, even after a tour's commencement, without notice. Changes may occur because of Force Majeure, poor road conditions, weather, the availability of tickets, vehicle breakdowns, changes in transport schedules, or other circumstances beyond PANDA's control.

The information about trips given on this website and trip dossiers are subject to change. It is your responsibility to review the up-to-date Trip Dossiers. These can be downloaded from our website or sent to you on request. The information and conditions in the Trip Dossiers will be deemed to be part of the contract.

Where changes to your trip occur after you have received your Final Documentation we will, where practical, advise you or your travel agent of such changes. PANDA does not accept any responsibility for loss of enjoyment, delays or compensation resulting from changes due to Force Majeure or any reasons beyond PANDA's control. Group sizes may also vary. No refunds will be made in any of these situations.

PANDA reserves the right to modify the itinerary of the tour if air schedule or ground transportation changes, and/or events beyond its control make such alteration necessary. In this event, any increase or reduction of the tour cost will be calculated and charged/refunded accordingly. If the tour has to be changed at the request of the client/s, the client will be required to pay any additional cost in advance.


10) AUTHORITY OF THE LEADER OR REPRESENTATIVE
At all times the decision of the PANDA leader or representative will be final on all matters likely to affect the safety and well-being of the trip. You must, at all times, strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited. Should you fail to comply with the above, or should you interfere with the well-being of the group then the trip leader or company representative reserves the right to order you to leave the trip immediately with no right of refund.


11) TRAVEL DOCUMENTATION
All clients must be in possession of a valid passport and necessary visas or permits at the commencement of travel. All such documentation is the sole responsibility of the client. Your travel consultant may assist you in applying for the necessary travel documentation upon request. PANDA accepts no responsibility or liability whatsoever for the failure of clients to obtain appropriate documentation.

12) YOUR HEALTH & FITNESS
It is your responsibility to advise PANDA of any pre-existing medical conditions that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a trip and the enjoyment of other trip members. You are required to provide an assessment of your medical condition from a qualified medical practitioner. Travelers to Tibet are required to provide a doctor's certificate stating that the he/she is fit to travel and his/her blood pressure and heart condition are normal. This is a necessary requirement because of the possible effects that the very high altitude may have on certain people. PANDA reserves the right, at its discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs, if it is deemed that you are not suitable for the trip booked.

13) TRAVEL INSURANCE
Travel insurance is compulsory for all PANDA travellers. Your travel insurance must cover accidents, medical expenses, including any related to pre-existing medical conditions, emergency repatriation, including helicopter rescue and air ambulance, and personal liability. PANDA also recommends it covers cancellation, curtailment and loss of luggage and personal effects. You are required to carry proof of insurance with you and produce it if reasonably requested by PANDA's employees or suppliers. PANDA reserves the right to cancel your participation in a trip at any time, with no right of refund, if you are unable to provide proof of insurance.

PANDA tour packages don't include any insurance charge. We highly recommend that you purchase full coverage travel insurance from you country of origin.

14) LUGGAGE ALLOWANCE
In accordance with regulations of the General Administration of Civil Aviation of China, the free baggage allowance within China is 20 kg for the economy class, 30 kg for the business class, and 40 kg for the first class, plus limited carry-on luggage. Excess baggage charges are the sole responsibility of the client. Regulations within China specify that all suitcases must have a locking device attached. Failure to follow this regulation may result in refusal by airport staff to load suitcases onto the aircraft.

15) AGE LIMITS
PANDA trips (except Family Adventures) are not recommended for children under the age of sixteen. Persons under sixteen can take part in a private group trip. If you have a question regarding age and suitability, please contact PANDA for further advice.

16) PUBLICITY
You agree that PANDA may use images of you taken during the trip without recourse to you and without compensation to you, for publicity and promotion purposes only through whatever medium it chooses.

17) PRIVACY
Certain information will be collected by us to supply the services to you. Your personal information is collected only to enable us to provide you with the services you wish us to provide. The information may be disclosed to or collected on our behalf by our service providers to enable the services to be provided, but will not be used by them for any other purpose. The products or services may not be provided without this information. The information may also be used to inform you of additional products and services, which may be of interest to you. All marketing material sent to you will include an option for you to request removal from mailing or contact lists for any future marketing.

All reasonable information which we collect will be kept confidential to the best of our ability.

PANDA will not disclose personal information such as your name, address, telephone number to any person outside of the organisation, unless you have authorised us to do so or unless required by law to disclose such information. Furthermore, under no circumstances will PANDA sell or lease or in any other way provide personally identifying information to any third party.

You may request access to your personal information while it is stored by us and we will assess your request in accordance with the law. We will give you reasons where we deny access. Once your personal information is no longer required, we will take reasonable steps to destroy or permanently de-identify the information. If you have any questions about our privacy policy or with respect to your personal information, please telephone 86-10-5857 2797.

18) COMPLAINTS
If you have any complaint about your trip, you must make it known at the earliest opportunity to the crew and/or PANDA local representative, who will normally be able to take appropriate action. If at the end of the trip you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your trip.

In the event of a complaint or claim for compensation, you must inform us by email, regular mail, or facsimile in writing within 30 days from the end of your tour. Relevant receipts and substantiating evidence must be attached to the letter of claim. PANDA will not be liable for any claims made later than30 days after the completion of your tour.

19) COMMUNICATIONS
You can contact PANDA via the web form from www.pandaadventures.com, email or phone. If for any reason, you fail to receive any reply from PANDA in regard of your tour status within 48 hours from the time you submitted the request for booking, modifying, or canceling a tour, please contact PANDA customer service center at customerpandaadventures.com or phone at 86-10-5857 2797 immediately to ensure that we are able to deal with your enquiry under the terms of our Terms and Conditions.

20) GOVERNING LAW
This contract and all matters arising from it are subject to General Principles of Civil Law of People's Republic of China (1986) and Beijing courts only will have jurisdiction over any dispute arising under this contract.

13. Disputes
The General Principles of Civil Law of People's Republic of China, without regard to its conflict of law rules, will govern these Terms. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the courts located in Beijing, China. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.

14. General
Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.

15. Provisions of these Terms and Conditions
Prior Terms and Conditions
These Terms supersede any prior PANDA Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.

Modifications
We may modify, revise or update these Terms and/'or the Privacy Policy, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Written documents
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.

Electronic Notification
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.

16. Contact Information
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by PANDA, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

Email: customerpandaadventures.com
Mailing Address: Customer Service, PANDA Travel
Room 1-1402, Building No. 7, Hope City, Lugudajie, Shijingshan District, Beijing 100040 P. R. China
Tel: 86-10-5857 2797