1. Conclusion of the Contract
Booking a Service through the Website of the Operator requires a prior Registration of the User as well as a login and formal confirmation of the Registration. After finalizing his choice of avail-able Services the User must confirm his Booking through the Website. With the confirmation of the Booking a binding contract is concluded between the User and the Operator. Registration and Booking are set up to take place through an encrypted and secure connection.
All Services offered and provided by the Operator and/or by the Personal Agents are strictly limited to decently and legally permitted Services to the extent as listed in the Website.
a. Services of the Operator
The Operator enables the User to hire Personal Agents for his stay in Shanghai that are familiar with the place, and will be at his disposal for private or business visits in Shanghai. For this, the User can personally select, check for free dates and book the Personal Agents based on various criteria, such as education, language skills, etc. directly on the Website. A daily fee plus optional overtime hours ("additional Services") will be invoiced.
b. Procurement of Services provided by Third Parties
After the Booking the Personal Agents will contact the User directly by e-mail or private message board and will discuss additional preparation requirements for the visit (e.g. organization of entry tickets, restaurant or hotel reservations, etc.). This additional activity for the procurement of Services provided by third parties is limited to the procurement activity of the Operator or the Personal Agent. Such procurement activity is included in the daily fee. The User will not incur additional cost for this Service.
c. Payment of Services provided by Third Parties / Liability
The payment of Services provided by third parties will be effected directly by the User. Even though the greatest possible diligence is applied in the selection and evaluation of service providers on site, the Operator shall not be liable for the quality of the services provided by third parties, or any inconveniences or damages resulting thereof.
3. Price and Payment Conditions
a. Determination of Price
The price that the User will have to pay for the booked Services is continuously updated in the Booking overview. Should it not be specifically mentioned, the prices indicated are quoted per visitor or couple visiting. For groups of 3-6 persons corresponding group tariffs are quoted. All prices shown and being obliging are in CNY (China Yuan Renminbi) excl. possible compulsory value added tax. The User may choose to have an indicative total price displayed in another currency of his choice. However, neither the indicative price nor the exchange rate in a foreign currency shall be deemed to have binding effects.
b. Payment conditions
The booked Services must be paid with a credit card on the Website through an encrypted and secure connection at the time of the Booking.
4. Modifications of the Booked Services by the User
After confirmation by the Operator the User may through his login and with the caveat that the amendment is communicated in a timely fashion, amend his Booking at any time, in particular if he wants to book overtime hours or Extras.
If the User needs to cancel a booked Service and/or overtime hours or Extras, the Operator will reimburse 40% of the paid price, if the cancellation is communicated 72 or more hours before the planned use of the Service. Only 20% of the paid price will be reimbursed for later cancellations.
c. Premature Termination
If a User does not use the booked Service or terminates it prematurely during his stay, he is not entitled to any reimbursement.
5. Modifications of the Booked Services by the Operator
The Operator reserves the right to change agreed Service offerings, should unforeseen circumstances require him to do so. This may be because the Personal Agent is unavailable for personal reasons or for security reasons or due to other circumstances such as storms, force majeure, political or militant events, riots, strikes, etc. or if required by applicable law or requested by the responsible authorities . Should an objective loss in value ensue with regard to the originally agreed Service, the User will receive a corresponding refund. However, if additional costs arise from such circumstances the User may have to bear a price increase.
The Operator is entitled to cancel the program without indicating any reasons until latest 20 days before the agreed start of the Services. In this case he will refund all payments made for the planned program to the User. Any further claims, including damages are herewith expressly excluded.
c. Premature Termination
The Operator reserves the right to terminate a Service that has already been accepted by the User, if important reasons, such as events that are relevant under penal law between the User and the Operator or its representatives or Personal Agents, speak against the continuation of the Service.
a. With regard to the Website
The Operator is grateful for any kind of feedback regarding the design of the Website or the improvement of its use. For such feedback please use the corresponding notification form.
b. Before Accepting the Service
Users that have booked a Service, but in retrospect have additional questions or complaints regarding the Booking, use the contact options through their personal login.
c. During the Visit
Users that have complaints during their visit, must communicate them in writing immediately to their Personal Agent. In most cases this enables the Operator to provide help in a timely fashion. Moreover, the immediate notification on site is an indispensable requirement for being able to formally claim a refund from the Operator after the stay.
d. After the Visit
In case the User can prove objective non- or only partial performance of the booked Service by the Operator, a written and well-founded claim for refund may be submitted to the Operator within 10 days after the conclusion of the booked Services. The Operator will verify the situation and communicate to the User within 30 days after receipt of the claim for refund, whether and if so, to what extent he is considering refunding the payment that was made.
The contractual and extra-contractual liability of the Operator is herewith limited to the contrac-tually agreed payment of the User. Any further claims including damages, to the extent legally permitted, are herewith excluded.
8. Entry Requirements and Customs Regulations
The User is personally responsible for reading up on the requirements for a valid passport, customs, and visa and health regulations at the moment of his trip and to make the corresponding arrangements in time.
9. Entry Tickets, Local Reservations, Tickets
The timely ordering of entry tickets is strictly necessary, should the User want to visit exhibitions, cultural or sporting events. The User is responsible for requesting the tickets on time. The Personal Agents will be happy to help in procuring the necessary tickets. The Operator cannot be held liable for a timely reservation or ticket availability.
10. Recommendation for Private Insurance Offers
The Operator recommends to the User to check insurance offers prior to departure. In particular insurances such as cancellation cost insurance, travel insurance, baggage insurance, treatment and repatriation cost insurances in case of an accident or illness abroad, etc., have proven to be of great value.
11. Safeguarding Clause
If any clause in these Terms & Conditions should be found to be invalid, incomplete or unenforceable in accordance with applicable law in general or in an individual case, this clause shall be replaced by a provision that comes closest to its original intention. The validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
12. Modifications of the Terms & Conditions
The Operator reserves the right to modify the Terms & Conditions at any time. The User is responsible for reviewing and becoming familiar with the Terms & Conditions that are in effect at the time of booking a Service. Continued use of the Website following such modifications constitutes the User's acceptance of the Terms & Conditions as modified.
13. Applicable Law and Place of Jurisdiction
a. Applicable Law
b. Place of Jurisdiction
User and Operator herewith explicitly agree that the place of the registered office of the Operator is determined as place of jurisdiction, to the extent that in the specific individual case this is not excluded by compulsory legal provisions.