Conditions Générales de Vente

 

SERVICE AGREEMENT

 

This agreement (hereinafter referred to as the “Agreement”) is entered into between:

  1. Insiders Ltd., hereinafter referred to as “Agent”
  2. Xi’an Cuinuo Business Consulting Co., Ltd., hereinafter referred to as “XIIN”

Together referred as the “Providers”, on the one hand,The client, hereinafter referred to as the “Client”, on the other hand

Agent, XIIN and the Client are hereinafter collectively referred to as the “Parties” and individually referred to as a “Party”.


Recitals:

 

  1. Agent is a company which books rides with XIIN on behalf of the Client,
  2. XIIN is a company which provides design and planning services of rides in vintage vehicles in different areas including but not limited to the People’s Republic of China (hereinafter referred to as the “Service”).
  3. The Client has agreed to use the Services provided by XIIN, and XIIN has agreed to provide such Services, as defined in this Agreement.


It is therefore hereby agreed as follows:

 

  • DESCRIPTION OF THE SERVICES

 

    1. Services in vintage vehicles will be provided exclusively to any person above the age of 18 years old and able to ride said vehicles to the appreciation of the insider. For children of an age from 3 years old and below 18 years old, one person of at least 18 years old shall be on board the vehicle. For children below 5 years old, one person of at least 18 years old shall seat in the sidecar attached to the motorbike with him/her.
    2. All Services and offers by XIIN shall be exclusively based on the terms and conditions set forth in this Agreement, which supersedes any other document or agreement between the Parties.

 

  • OBLIGATIONS OF THE PROVIDERS

 

    1. Agent shall book the Service of XIIN according to the choice of the Client on this website.
    2. XIIN shall organize for the Service described on this website to be provided to the Client or passengers (as applicable) in time and under the conditions described on this website for the chosen Service.
    3. XIIN shall appoint (an) independent insider(s) (contractor) to drive the Client according to the Service the Client chose on this website.

 

  • OBLIGATIONS OF THE CLIENT AND PASSENGERS

 

    1. The Client undertakes to pay to the Service Fee to the Agent of as indicated on this website.
    2. The Client shall provide the accurate number of beneficiaries of the Service listed on this website (hereinafter referred to the “Passengers”).
    3. The Passengers shall arrive on time at the agreed location.
    4. During the Service, the Passengers shall behave appropriately and not cause any trouble.
    5. Passengers shall abide by the rules which are locally applicable and shall comply with all instructions of the insider. Bringing food and drinks in the vehicles as well as consuming foods and drinks in the vehicles are subject to approval from the insider on a case by case basis.
    6. It is the Client’s responsibility to ensure that all invoice and itinerary details and documentation issued by the Providers are correct and that the Client is aware of cancellation conditions and other clauses in this Service Agreement.
    7. It is the Client’s responsibility to obtain and maintain appropriate insurance(s).

 

  • SERVICE FEE

 

    1. It is understood that the Service Fee is calculated on the basis of the actual number of Passengers or the actual number of vehicles, as the case may be, subject to the stipulations of Article 5. If more Passengers than initially agreed show up, XIIN will be entitled to accept or to refuse to provide the Service to additional beneficiaries based on available vehicles. If less beneficiaries than initially agreed show up, the cancellation policy described in Article 3 shall apply.
    2. Agent requires a one hundred percent (100%) upfront payment to secure the booking. Payments of the Service Fee are due upon the date of the invoice.
    3. The Service Fee exclusively includes:
  • The vehicle renting fee;
  • The fuel fee;
  • The insider’s remuneration;
  • The parking fee.

 

  • CANCELLATION POLICY

 

    1. In the event of cancellation of the booking by the Client, Agent will refund the related Service Fee actually paid as follows:
  • 90% of the Service Fee if XIIN receives the cancellation in writing at least five (5) weeks prior to the date upon which the Service should have been provided;
  • 50% of the Service Fee if XIIN receives the cancellation in writing at least forty eight (48) hours prior to the date upon which the Service should have been provided.
  • The Client will not be entitled to any refund if XIIN receives the cancellation less than forty eight (48) hours before the date and time upon which the Service should have been provided. In case of “no show” after 1 hour from agreed meeting time, the Client shall be deemed as having canceled the Service.
  • If the Service is cancelled by the Client due to meteorological event, even without any notice, Agent shall refund eighty percent (80%) of the Service Fee to the Client unless otherwise agreed in writing between the Parties.
    1. If XIIN does not provide the Service for any reason whatsoever due to XIIN, the Client will exclusively be entitled to claim for the refund of the Service Fee which has already been paid to the Agent by the Client.

 

  • REFUSAL OF CARRIAGE

 

XIIN, its employees, agents and contractors retain the right to remove any of the Passengers from its ride for reasons that impact on the enjoyment or safety of the other Passengers, such as, but not limited to, that Passenger’s physical, medical or mental inability to undertake the arrangement of the Service, unsocial or unruly behavior, or the carriage of prohibited substances and materials.

 

  • PRIVACY AND DATA

 

The Providers respect and protect the privacy of all Client. We undertake not to disclose your information to third parties without your consent. The Providers will only use your personal information to fulfill the Service and necessary follow-up services.

 

  • LIABILITY

 

    1. XIIN acts as a coordinator for all persons taking these rides in the making of all arrangements for transportation and sightseeing. It does not own, manage, control or operate any transportation vehicle (other than a vehicle with its logo on it), or any other supplier of services.
    2. Except in case of willfulness and gross negligence, the Providers shall not be held liable for any loss or damage whatsoever including consequential loss sustained by the Client, the Passengers or any third party, whether in contract, tort (including negligence), or otherwise arising out of or in relation to the information contained in this website. In any case whatsoever, the Providers shall not be held responsible for any act, negligence by the insider or in case of any accident during the Service, no matter whether caused by the insider, the Passengers or by any third party.
    3. XIIN’s total liability in respect of the rides and the Service offered/provided by it is limited to the refund of the Service Fees paid by the Client (less any fees or expenses paid to a third party).

 

  • PROCESSING FOR LODGING COMPLAINTS OR CLAIMS

 

Should the customer be unsatisfied with any aspect of the Providers’ arrangements, the Client must immediately inform XIIN’s staff who will endeavor to resolve the issue at the time. If this is not possible and the Client wishes to lodge a complaint or claim, this must be done in writing to the Agent within 14 days of the date of the completion of the Client’s Service organized by XIIN. Relevant receipts and substantiating evidence must be attached to the letter of claim. The Client expressly waives his or her rights to any claims if it is not lodged within the required timeframe.

 

  • DISPUTE RESOLUTION

 

    1. This Agreement shall be governed by and construed in accordance with the laws of the Special Administrative Region of Hong-Kong in the People’s Republic of China.
    2. Any dispute which cannot be settled amicably, shall be exclusively submitted to the competent Hong-Kong Tribunal.