1.1.This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the packages and services (the ‘Products’) listed on this website (the ‘Website’) to you.
1.2.Before confirming your order please:
1.2.1.Read through these terms and conditions (the ‘Conditions’) and in particular, our cancellations and returns policy at clause 12. and limitation of our liability and your indemnity at clause 16.
1.2.2.Print a copy for future reference.
1.3.By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4.We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
1.5 YOUR PRODUCT
1.5.1 INDEPENDENT TRIPS.
For independent trips, the product we are selling to you is comprised of the following elements:
220.127.116.11 Rail tickets. This will cover the cost of all train journeys detailed in the specific travel itinerary for your product. Any train journey taken that is not on the pre-arranged itinerary will not be included in the price of the AsiaRailing package. The rail ticket does not include the cost of any upgrades or extra fees. They may sometimes include a seat reservation but this is not guaranteed. Transport passes or bus tickets may be issued instead of or alongside rail tickets.
18.104.22.168 Accommodation. Accommodation will be provided for every night (except for when a night train or bus is scheduled) as detailed on the specific itinerary. The specific details of the accommodation reservations will be included in the travel pack. All accommodation will have been pre-approved by AsiaRailing and it’s partners to ensure that it is of a similar standard as accommodation at each destination in the itinerary. This will be in hostels or hotels and may be in private or shared accommodation with or without en-suite facilities. Breakfast is included where stated in the itinerary and travel pack. We reserve the right to change the accommodation at any point in time, including after the trip has started. Any changes to the accommodation will maintain the similar standards as the original accommodation stated on the itinerary.
22.214.171.124 Itinerary. The itinerary will be issued once full payment has been received. It will include the specific trains that must be taken in order to reach the next destination on the trip in time, the details of the accommodation and directions on how to get there and emergency contact information. We reserve the right to change the destination, route, train, accommodation and itinerary at any point in time. If this occurs, we will inform you as soon as possible.
1.5.2 GROUP TOURS
The product comprises the same elements ad for individual trips as listed in 1.5.1. Additionally, the following is included:
126.96.36.199 Servises of a Tour Leader. The tour leader will travel with the group on every train and bus along the route specified. They will also travel with the group to and from the train station and hostel in each city, and to and from each included activity in each city in accordance with the travel pack. They will assist in the logistics of checking in and checking out customers and selling optional activities. They may at times offer to travel with the group or conduct activities with the group that are extra to what is stated in the travel pack but this is always at the discretion of the tour leader and not an entitlement.
2.1.This Website is owned and operated by Euroventure Travel Ltd (‘we’/’us’/’our’) of Euroventure Travel Ltd; AsiaRailing, GOAT ROADTRIP BUILDING, 58 Commercial Road, Leeds, LS5 3AQ, United Kingdon.
3.1. All customers must take out comprehensive travel insurance to cover the period of travel detailed in the itinerary. We will not check your insurance policy as it is your responsibility to do so.
3.2. We will not be held liable for anything that occurs which is out of our control. This includes but is not exclusive to: loss or damage to personal property or third party property, any death, injury or illness.
3.3. We recommend that you adhere to the travel advice provided by the British Foreign and Commonwealth Office (www.fco.gov.uk/knowbeforeyougo).
4. VISAS AND PASSPORTS
4.1. It is your sole responsibility to ensure you have a valid passport with at least 6 months validity left from the end of the trip and all the required visas before travel. You will not be entitled to any refund or amendment to your package if you cannot continue your trip due to these failures.
4.2. We recommend you keep up to date with current general visa, passport and health information (www.gov.uk/browse/citizenship/passports)
5. FLIGHTS AND TRANSFERS
5.1. It is your responsibility to organise and pay for your own travel to the starting point on the itinerary, and from the final destination on the itinerary. We will not be held liable if your transfers are cancelled or delayed. Amendments to your itinerary because of failings in transfers may be made at our discretion and in accordance with operational requirements, subject to administrative charges.
6. THIRD PARTY TERMS AND CONDITIONS
6.1. You are bound by the terms and conditions of Eurail, Interrail, other rail providers, coach and ferry providers, and that of the accommodation providers used on the trip.
6.2 You are responsible for any breakages and damages caused to any third party, including transport and accommodation providers. Any damages must be paid for immediately and are not the responsibility of AsiaRailing in any way.
7.1. If you miss the train specified on the itinerary, then it is your responsibility to arrange your own travel to the next destination in order to catch up with the itinerary. This will be at your own expense, although you may be able to travel on the next train that day and not incur any extra charge. We will not pay for any journeys that are not scheduled on the itinerary.
7.2. If you decide to change your itinerary before the trip, we will do our best to cater for your needs however this will incur an additional administrative charge. Changes made within 4 weeks of departure are not guaranteed and are down to the discretion of the bookings department.
7.3 We will not be held liable if a train is delayed, cancelled or differs in any way to what is specified on the itinerary we issue you. It is your responsibility to seek compensation from the train company. It is also your responsibility to get a different train and arrange your own accommodation, at your own expense, until you ‘catch up’ with the itinerary.
8.1.You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
8.2.We will contact you by email or provide you with information by posting notices on our Website.
9.1. Our Website is intended for use by customers globally. However additional postage charges may apply for customers who reside outside of the United Kingdom.
10.1.When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
10.2.By registering on the Website you undertake:
10.2.1.That all the details you provide to us for the purpose of registering on the Website and purchasing the Products are true, accurate, current and complete in all respects.
10.2.2.To notify us immediately of any changes to the information provided on registration or to your personal information.
10.2.3.That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Products from this Website in conjunction with and under their supervision.
10.2.4.To only use the Website using your own username and password.
10.2.5.To make every effort to keep your password safe.
10.2.6.Not to disclose your password to anyone.
10.2.7.To change your password immediately upon discovering that it has been compromised.
10.2.8.To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
10.3.You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
10.4.We reserve the right to terminate an agreement formed with you pursuant to clause 14. below and to suspend or terminate your access to the Website immediately and without notice to you if:
10.4.1.You fail to make any payment to us when due.
10.4.2.You breach these Conditions (repeatedly or otherwise).
10.4.3.You are impersonating any other person or entity.
10.4.4.When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
10.4.5.We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.
11.ELIGIBILITY TO PURCHASE FROM THE WEBSITE
11.1.To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
11.1.1.Be 18 years of age or over.
11.1.2.Be legally capable of entering into a binding contract.
11.1.3.Provide full details of an address in the United Kingdom for delivery of goods and, if purchasing services, an address in the United Kingdom or the European Economic Area (if you reside in the EEA).
11.2.If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
12.1.The prices of the Products are quoted on request.
12.2.Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in Europe unless otherwise specified.
12.3.Unless otherwise stated, the prices quoted include delivery costs (in the case of goods) and VAT.
12.4. Prices do not include city tax which is payable on arrival in some cities.
12.5.We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Products to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery of the goods and/or we have commenced providing the services.
12.6 If using a discount, only one discount may be applied per booking. Multiple discounts cannot be amalgamated.
13.1.Payment can be made by online bank transfer, cheque, visa/debit/maestro and master card.
13.2.A late payment incurs a fee of £100 per booking, and an additional £100 per week that payment is late thereafter. This includes deposit payments and full balance payments.
13.3.Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
13.4 A deposit of 10% is required to reserve a trip. This deposit is non-refundable.
13.5 Full payment is required at least 90 days before the start of the package. If we do not receive full payment by the stipulated time, we reserve the right to retain the deposit and cancel the sale without refund.
13.6 Customers have 48 hours after booking to fill out the Customer Details Form (including each travel group member). Late customer details will incur a fee per week per individual. A liability fee will need to be applied at the point where the trip has become more expensive as a result of waiting for details to come through, in order to cover the additional costs.
13.7 An optional 5% discount can be applied to all European trips and tours that are booked at least 6 months before departure that have been paid in full. If booked under these conditions, the booking is non-refundable.
13.8 Accidental payments. If you overpay by mistake and would like the extra to be refunded (outside 90 days) then you will be liable for the card payment fees that we incur to return this to you. For example, if you meant to pay just your deposit and you pay your full balance accidentally, and would like the balance (minus the deposit) returned to you in the present, as you wish to pay the remaining balance later on, then you will not be refunded the fees that we have been charged to take that payment and refund it. These charges range from 3 – 5%.
14.ORDER PROCESS AND FORMATION OF A CONTRACT
14.1.All orders are subject to acceptance and availability. If any Products ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
14.2.Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
14.3.You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
14.4.You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Products ordered by you from the Website.
14.5.A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after funds have cleared and we have confirmed that we have dispatched the goods and/or shall be providing the requested service and, where appropriate, have made it available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Products from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
14.6.The Contract will relate only to the Products stated in the Confirmation Notice. We will not be obliged to supply any other Products which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
14.7.You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
14.8.You will be subject to the version of our policies and Conditions in force at the time that you order the Products from us, unless:
14.8.1.Any change to those policies or these Conditions is required to be made by law or governmental authority.
14.8.2.We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice.
15.1.The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
15.2.We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.
15.3.All goods must be signed for by an adult aged 18 years or over on delivery.
15.4.Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
15.5.We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused.
16.RISK AND TITLE
16.1.The goods will be at your risk from the time of delivery. We will not be liable if you lose your train ticket.
16.2.Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them.
17.CANCELLING YOUR CONTRACT AND RETURNS
17.1.Cancelling before receiving a Confirmation Notice (Receipt).
17.1.1.You may cancel your order for the Products at any time prior to receiving a Confirmation Notice (receipt) from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to firstname.lastname@example.org. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
17.2.Cancellation after receiving a Confirmation Notice (Receipt)
17.2.1. If you choose to cancel the package:
More than 90 days before departure: You will lose your deposit.
Less than 90 days before departure, you will not receive any refund if you choose to cancel the holiday.
If having made a booking and paid in full with a 5 % discount, you will not receive any refund if you choose to cancel the holiday at any time.
You can send your cancellation notice by email to email@example.com. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.
17.2.2.Upon receiving your cancellation notice, we will contact you and provide details of where you must return the tickets and other relevant instructions. You must then immediately return the tickets to us at your own cost and risk. We reserve the right, at our option, to collect the tickets from you. If we wish to collect the tickets we will notify you of when they will be collected by us. We will charge you for the cost of collecting the tickets and will deduct this from any sum owed by us to you.
17.3.6.We may, at our sole discretion, agree to temporarily suspend any package if you will be unable to use it, such as, for example, if you are going on another holiday. You must inform us at least 90 days before the start of the trip as stated in the itinerary, to be eligible to postpone the package. The maximum period of suspension will be 24 weeks in any calendar year after which we will treat your booking as cancelled and retain your deposit as well as any money you have already paid towards the package. You may use the same contact details for providing a cancellation notice to request the Ongoing Fixed Term Services to be suspended.
17.4.Exception to the right to cancel
You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:
17.4.1. We receive a request to cancel less than 90 days before the start of your trip.
17.4.2. We receive a request to cancel a trip which has been paid in full with a 5% discount applied.
We will offer you a refund of the full purchase price, if:
17.5. We have had to cancel the trip for reasons within our control.
17.6.Incorrectly priced or described Products
17.6.1.Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Products to you.
17.6.2.If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 7 days of sending you notification (whether or not you receive it), we will reject your order.
17.6.3.If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
17.6.4.If your order is cancelled or rejected and you have already paid for the Products, you will receive a full refund in accordance with clause 17.7.
17.7.1.We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the services.
18.1.If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at firstname.lastname@example.org.
18.2.We are a Member of ABTA, membership number Y6273, registered under the name of Euroventure Travel ltd. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we cannot resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
19.1.The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to AsiaRailing moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
19.2.You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
19.3.You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
19.4.You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
19.5.No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
19.6.Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
21.LIABILITY AND INDEMNITY
21.1.Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
21.1.1.Death or personal injury resulting from our negligence.
21.1.2.Fraud or fraudulent misrepresentation.
21.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987.
21.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
21.2.The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
21.3.We will not be liable if the Website is unavailable at any time.
21.4.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
21.5.We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
21.6.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
21.7.We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
21.8.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
21.8.1.any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
21.8.2.any loss of goodwill or reputation; or
21.8.3.any special or indirect losses; or
21.8.4.any loss of data; or
21.8.5.wasted management or office time; or
21.8.6.any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 21.8.1. to 21.8.6., is strictly limited to the purchase price of the Products you purchased.
21.9.You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
21.10.This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
2.1.We shall have no liability for any effects caused to you before or during your trip, such as delays or cancellations, resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
22.1.1.Strikes, lock-outs or other industrial action.
2.1.2.Shortages of labour, fuel, power, raw materials.
22.1.3.Late, defective performance or non-performance by suppliers.
22.1.4.Private or public telecommunication, computer network failures or breakdown of equipment.
22.1.5.Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
22.1.6.Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
22.1.7.Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
22.1.8.Acts, decrees, legislation, regulations or restrictions of any government.
22.1.9.Other causes, beyond our reasonable control.
22.2.Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
22.3.Where the period of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
23.1.In order to monitor and improve customer service, we sometimes record telephone calls.
24.THIRD PARTY RIGHTS
24.1.Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
24.1.To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
24.1.1.The privacy practices of such websites
24.1.2.The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
24.1.3.The use which others make of these websites; or
24.1.4.Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
25.LINKING TO THE WEBSITE
25.1.You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
25.2.Any agreed link must be:
25.2.1.To the Website’s homepage
25.2.2.Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
25.2.3.Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
25.2.4.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
25.3.We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
25.4.We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
26.1.All notices given by you to us must be given to us at AsiaRailing, GOAT ROADTRIP BUILDING, 58 Commercial Road, Leeds, LS53AQ, or by using email@example.com. We may give notice as described in clause 3.
26.2.Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
27.1.The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
27.2.We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
27.3.Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
28.1.We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
28.2.All prices and descriptions supersede all previous publications. All product descriptions are approximate.
28.3.Every effort is made to keep information regarding package availability on the Website up to date. However, we do not guarantee that this is the case, or that packages will always be available.
28.4.If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
29.5.All Contracts are concluded and available in English only.
29.6.If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
29.7.A waiver by us of any default shall not constitute a waiver of any subsequent default.
29.8.No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.
29.9.Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
30.GOVERNING LAW AND JURISDICTION
30.1.The Website is controlled and operated in the United Kingdom.
30.2.Every purchase you make shall be deemed performed in England and Wales.
30.3.The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
31.1 If you have a medical condition or disability which may affect your holiday, we ask that you inform us in writing at the time of booking the trip of any special arrangements required. If we believe we are unable to accommodate your requirements then we reserve the right to decline the booking. We must therefore insist that you contact our offices by phone, email or post before completing any reservation to ensure compatibility for the holiday that you choose.
32.1 You are only entitled to bring luggage which you can reasonably and comfortably carry unassisted. We strongly recommend you bring a pad lock to secure your luggage.
33.1 Any likeness of you secured or taken on any of our trips may be used by the Company without charge in all media, for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures or the Internet.
34. GROUP TOURS
Additional terms and conditions apply to group tours:
34.1.AsiaRailing reserves the right to deny you permission to travel or participate in any aspect of a tour where AsiaRailing determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
34.2.AsiaRailing reserves the right to cancel your tour at any point before or during the tour if it is deemed that your behaviour is detrimental to the group, through for example innapropriate behaviour, bullying or harrasment of staff or other customers. In such an event, your place on the tour will be retracted without any form of refund or compensation.
34.3.Operation of all group tours is dependent upon a minimum number of persons booking the tour. If that number is not reached, we reserve the right to cancel the tour. In this unlikely situation you will be offered to conduct the same trip as an independent trip (not travelling with a group and tour leader), transfer to another tour of the same route and duration or receive a full refund. In this unlikely situation, no refund will be offered for any travel already booked to the starting point or from the end point of the trip.
34.4.If you are joining your holiday locally i.e. not starting with the group in the UK – our responsibility does not commence until the appointed time and we will not be responsible for any additional expenses incurred by you to meet the group at the start of the trip.
34.5.Please note that the timings of road & rail departures are estimates only and these timings may be affected by operational difficulties, weather conditions or failure of passengers to check in or out on time.
34.6.If you purchase any optional activities that are not part of your pre-booked itinerary, the contract of that activity will be between you and the contract provider. The decision to partake is entirely at your own risk. Any complaints or problems with any optional activities purchased should be directed to the company in question.
35.FLEXI-START AND POSTPONEMENT STATUS
35.1 Bookings can fall under two mutually exclusive statuses – ‘flexi-start’ or ‘postponement’. The status ‘Flexi-Start’ is an add-on to your booking which you can use to change the departure date written on your original Booking Summary document (the ‘original departure date’ on the ‘original booking’) to a new travel date (the ‘postponed departure date’), subject to the terms below. The status ‘ Postponement’ is a separate status which has the same rules as flexi-start, except where detailed in separate brackets below.
35.2 Flexi-Start is only applicable to European set trips, custom routes and group tours. It is not applicable to non-European trips, unless we have specifically offered this to you.
35.3 We reserve the right to withdraw the Flexi-Start add-on for new customers or for specific trips at any time.
35.4 Flexi-Start can be added to your booking by you at any point up to and including the date your full balance payment is due. It is your responsibility to make sure you have our written confirmation of your Flexi-Start, either on a Booking Summary and/or an invoice, for it to be valid. Flexi-Start cannot be added retrospectively to your booking after your full balance due date has passed.
35.5 If your booking includes a Flexi-Start, you can move your original departure date (‘activate’ the Flexi-Start) by informing us in writing and giving at least 30 days’ notice before the original departure date. Flexi-Start suspends your booking by up to 18 months (the ‘validity period’) before you need to confirm your postponed departure date (‘use’ the Flexi Start). At the point that you use your Flexi-Start, your postponed departure date can be up to a further 18 months in the future.
35.6 Flexi-Start and Postponement does not change the overall payment conditions of your trip. You are still required to pay your full balance by the date shown on the Booking Summary of your original booking. If you fail to do so your booking will be treated as cancelled by you, subject to normal cancellation terms.
35.7 When you plan to use your Flexi Start you must give us at least 30 days’ notice (60 days’ notice for ‘Postponement’ status) before your intended postponed departure date. Your postponed departure date cannot be before your original departure date.
35.8 For example, if your original departure date is 1 May 2020 and you activate your Flexi-Start subject to the conditions above, you have a validity period until 1 Nov 2021 in which to set your postponed departure up to 1 May 2023.
35.9 If your postponed departure date falls in another season, on a special event or you change the number of passengers or accommodation type, the cost of the trip may increase. If the new trip has a higher cost than the original booking because of either of these reasons, then you are liable to pay the difference.
35.10 If your postponed departure date falls out of season for your route, or there is no availability for a certain portion of it, or the accommodation or transport price has increased above the cost budgeted for your original departure date, or we reasonably believe that trip may not be able to go ahead, we reserve the right to refuse your postponed departure date and will advise you on when you are able to move your trip to.
35.11 Your postponed departure date is only confirmed by us when we issue you with an updated Booking Summary or invoice document (the ‘postponed booking’), or confirm by email. At this point your Flexi-Start add-on has been used and any further changes to the departure date would be subject to normal booking conditions.
35.12 The only person with the authority to add, activate or use a Flexi-Start is the lead booker named on the Booking Summary of the original booking. It is their responsibility to seek permissions from other travelling members of the group and act on their behalf when dealing with us.
35.35 The Flexi-Start add-on is non-refundable and non-changeable.
35.14 Flexi-Start and Postponements do not change your right to a refund, as a postponed booking is subject to the same cancellation conditions as its original booking:
• Up to 90 days before the original departure date cancellation charges are the deposit amount plus the flexi-start amount (deposits and flexi-start add-ons are non-refundable)
• Within 90 days of your original departure date the cancellation charges are 100% of the trip cost (deposit, flexi start add-on and balance are all non-refundable)
35.15 For example, if you make a booking on 1 Jan 2019 for an original departure date of 1 Jun 2019, you pay your deposit on 1 Jan 2019 and your remainder balance by 3 March 2019 (90 days before the original departure date). Your trip becomes non-refundable on 3 March 2019 as we have begun arranging your accommodation and transport. If you then postpone or activate a Flexi-Start by 1 May 2019 (up to 30 days before your original departure date), the postponed booking retains its terms and conditions from the original booking and therefore remains non-refundable.
35.16 If you do not use your Flexi-Start or Postponement before the expiry date of the validity period (18 months after activating it), we will treat your booking as cancelled by you. Subject to the conditions above this means you will not receive a refund and your Flexi-Start or Postponement will be void.
36. TRAVEL CREDIT
36.1 If you have been offered a AsiaRailing travel credit, you must travel within 36 months of the original departure date. The travel credit is up to the value stipulated and can be used to make new bookings subject to prices at the time of booking. AsiaRailing Travel Credit is non-refundable.
36.2 If you do not use your travel credit within 36 months of your original departure date, we will treat your booking as cancelled by you subject to the conditions above and you will not receive a refund.
37.1 We follow the advice of the UK’s Foreign and Commonwealth Office. If they do not advise against travel to your destination then your trip to that location will go ahead as planned. We urge travellers from outside the UK to check their own government advice before booking or travelling. All travellers should check the advice of countries where they intend to visit.
37.2 It is entirely your responsibility to ensure that you can meet and fulfil any entry requirements to a country. This could be in relation to providing proof of vaccination, negative tests or any other necessary document. You will not be able to move your trip, nor will you be eligble for a refund if you fail to gain entry or have any restrictions imposed on you after entering a country, due to not meeting the entry requirements. It is your responsibility to ensure that you have proof of any relevant vaccinations if they are required to avoid restrictions.
37.3 It is your reponsibility to cover the costs of any testing requirements before, on or after your trip and to regularly check these as advice can change at short notice.
37.4 Currently our group tours are only available for fully vaccinated travellers. Past your due date, you are not eligble for a refund if you book onto a group tour and are not fully vaccinated, or do not intend to be fully vaccinated by the time your group tour starts.
37.5 In the event you test positive for COVID on a group tour, you must follow the rules of the country in which you have tested positive in. This may include self-isolation, of which will be at your own expense. AsiaRailing cannot help organise accommodation for self-isolation. You may be able to rejoin the remainder of your group tour following your isolation period.
Website – terms and conditions of use
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’) and in particular clause 10.3.
The Website is owned and operated by Euroventure Travel Ltd (‘we’/’us’/’our’) of AsiaRailing, GOAT ROADTRIP BUILDING, 58 Commercial Road, Leeds, LS5 3AQ, UK.
The term ‘you’ refers to the user or viewer of our Website.
1.1.You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
1.2.You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
1.3.We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
1.4.Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
2.REGISTERING ON THIS WEBSITE
2.1.When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
2.2.By registering on the Website you undertake:
2.2.1.That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects.
2.2.2.You will notify us immediately of any changes to the information provided on registration.
2.2.3.You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website in conjunction with and under their supervision.
2.2.4.To only use the Website using your own username and password.
2.2.5.To make every effort to keep your password safe.
2.2.6.Not to disclose your password to anyone.
2.2.7.To change your password immediately upon discovering that it has been compromised.
2.2.8.To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
2.3.You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
3.ELIGIBILITY TO PURCHASE FROM THE WEBSITE
3.1.To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
3.1.1.Be 18 years of age or over.
3.1.2.Be legally capable of entering into a binding contract.
3.1.3.Provide full details of an address in the United Kingdom for delivery of goods and, if purchasing services, an address in the United Kingdom or the European Economic Area (if you reside in the EEA).
3.2.If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
4.1.The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Euroventure Travel Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
4.2.You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
4.3.You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
4.4.You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
4.5.You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
4.6.You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
4.7.No license is granted to you to use any of our trade marks or those of our affiliated companies.
5.1.It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
5.2.We will not be liable to you if the Website is unavailable at any time.
5.3.We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
5.4.All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
5.5.Any prices and offers are only valid at the time they are published on the Website.
5.6.All prices and descriptions supersede all previous publications.
5.7.Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
5.8.The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
5.9.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
5.10.We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
5.11.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
5.12.You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
5.13.We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
6.USE OF THE WEBSITE
6.1.You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
6.2.We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
6.3.We reserve the right to:
6.3.1.Make changes to the information or materials on this Website at any time and without notice to you.
6.3.2.Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
6.3.3.Refuse to post material on the Website or to remove material already posted on the Website
6.4.You may not use the Website for any of the following purposes:
6.4.1.Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
6.4.2.Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise.
6.4.3.Breaching any applicable local, national or international laws, regulations or code of practice.
6.4.4.Gaining unauthorised access to other computer systems.
6.4.5.Interfering with any other person’s use or enjoyment of the Website.
6.4.6.Breaching any laws concerning the use of public telecommunications networks.
6.4.7.Interfering with, disrupting or damaging networks or websites connected to the Website.
6.4.8.Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website.
6.4.9.To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
6.4.10.To create and/or publish your own database that features all or substantial parts of the Website.
6.4.11.Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner.
6.5.In addition, you must not:
6.5.1.Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website.
6.5.2.Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it.
6.5.3.Attack the Website via a denial-of-service attack or a distributed denial-of service attack.
6.5.4.Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website.
6.6.A breach of this clause may be a criminal offense under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7.SUSPENDING OR TERMINATING YOUR ACCESS
7.1.We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
7.1.1.You fail to make any payment to us when due.
7.1.2.You breach the terms of these terms and conditions (repeatedly or otherwise).
7.1.3.You are impersonating any other person or entity.
7.1.4.When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
7.1.5.We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.
8.LINKING TO THE WEBSITE
8.1.You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
8.2.Any agreed link must be:
8.2.1.To the Website’s homepage.
8.2.2.Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted.
8.2.3.Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it.
8.2.4.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.
8.3.We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
8.4.We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
9.1.To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
9.1.1.The privacy practices of such websites.
9.1.2.The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.
9.1.3.The use which others make of these websites.
9.1.4.Any damage, loss or offense caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
9.2.1.Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings).
9.2.2.Any loss of goodwill or reputation; or
9.2.3.Any special or indirect losses; or
9.2.4.Any loss of data.
9.2.5.Wasted management or office time.
9.2.6.Any other loss or damage of any kind.
9.3.You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
9.4.This clause does not affect your statutory rights as a consumer.
10.1.We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
10.2.If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
10.3.All Contracts are concluded and available in English only.
10.4.If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
10.5.A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.6.No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.GOVERNING LAW AND JURISDICTION
11.1.The Website is controlled and operated in the United Kingdom.
12.LIMITATION OF LIABILITY AND INDEMNITY
12.1.Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
12.1.1.Death or personal injury resulting from our negligence.
12.1.2.Fraud or fraudulent misrepresentation.
12.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987.
12.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
12.2.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
12.3.These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
1. Important information and who we are 1
2. The data we collect about you 2
3. How is your personal data collected? 4
4. How we use your personal data 4
5. Disclosures of your personal data 7
6. International transfers 8
7. Data security 9
8. Data retention 9
9. Your legal rights 9
10. Glossary 11
Welcome to AsiaRailing’s privacy notice.
We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in full below. Please also use the Glossary at the end of this policy to understand the meaning of some of the terms used in this privacy notice.
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how AsiaRailing collects and processes your personal data through your use of this website, including any data you may provide through this website when you request a quote, sign up to our newsletter, book or service or take part in a competition.
This website is not intended for children and we do not knowingly collect data relating to children. The only exception to this is that we may require details from a parent about a child who is travelling with them, for example their passport details, date of birth and full name.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
AsiaRailing is the controller and responsible for your personal data (collectively referred to as “AsiaRailing”, “we”, “us” or “our” in this privacy notice).
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Our full details are:
Full name of legal entity: AsiaRailing (Euroventure Travel)
Name or title of DPO: Philip Cabra Netherton
Email address: firstname.lastname@example.org
Telephone number: 0113 868 2360
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 22/05/2018. If you’d like to receive it in email format, please email the DPO.
The data protection law in the UK will change on 25 May 2018. Although this privacy notice sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 2018 as we are still working towards getting our systems ready for some of these changes.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
• Identity Data includes [first name, maiden name, last name, passport details, marital status, title, date of birth and gender].
• Contact Data includes [billing address, delivery address, email address and telephone numbers].
• Financial Data includes [bank account and payment card details].
• Transaction Data includes [details about payments to and from you and other details of products and services you have purchased from us].
• Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website].
• Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].
• Usage Data includes [information about how you use our website, products and services].
• Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.
However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the trip you have booked). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
Click [here] to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data:
We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer or potential customer.
(b) Contact a) Performance of a contract with you
b) Necessary for our legitimate interests (to supply you with the information needed for you to decide whether to book a trip with us).
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(c) Book travel arrangements for your trip on your behalf.
(d) To deliver your parcel in the post. (a) Identity
(e) Marketing and Communications (a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(c) Keeping you up to date with changes to your booking or other updates.
Type of data:
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
Type of Data:
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Type of Data:
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
Type of Data:
(e) Marketing and Communications
(a)Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experience:
Type of Data:
(a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To follow up with you as a potential customer, to check whether you are still interested and to offer suggestions and recommendations to you about goods or services that may be of interest to you.
Type of Data:
(a) Necessary for our legitimate interests (to develop our products/services and grow our business)
To send you marketing content which may interest you via email & online channels, provide custom marketing based on your browsing history and to promote new trips, competitions and offers.
Type of Data:
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We will not automatically opt you in to receiving marketing emails. As well as the opportunity to opt-in to our marketing preferences at each point where you submit details to us, we have established a Marketing Preferences page where you can manage your choices at any time. You can find that here. If you would like to withdraw consent you can do this whenever you like by emailing email@example.com with “marketing preferences” as your subject.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you opted in to marketing emails at the point of purchasing a trip from us, entering a competition or registering for a promotion. You will also receive them if you signed up to our mailing list independently.
AsiaRailing will not pass on or sell your data to any third parties without your permission. If it is necessary to pass your details on for marketing purposes, we will get your express opt-in consent before we share your personal data with any company.
You can ask us or third parties to stop sending you marketing messages at any time by visiting the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a booking or enquiry. We will still hold your personal data safely and securely, but we will no longer contact you.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please contact us to find out more about these rights:
• [Request access to your personal data].
• [Request correction of your personal data].
• [Request erasure of your personal data].
• [Object to processing of your personal data].
• [Request restriction of processing your personal data].
• [Request transfer of your personal data].
• [Right to withdraw consent].
If you wish to exercise any of the rights set out above, please contact the DPO.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you:
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will acknowledge your request within 1 month and keep you updated on the progress.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal Third Parties
Other companies within AsiaRailing [acting as joint controllers or processors] and who are based [SPECIFIC COUNTRIES] and provide [IT and system administration services and undertake leadership reporting].
External Third Parties
• Service providers [acting as processors] based elsewhere who provide [IT and system administration services].
• Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers based [SPECIFIC COUNTRIES] who provide [consultancy, banking, legal, insurance and accounting services].
• HM Revenue & Customs, regulators and other authorities [acting as processors or joint controllers] based [in the United Kingdom] [who require reporting of processing activities in certain circumstances].
• [ANY OTHER THIRD PARTIES, FOR EXAMPLE, MARKET RESEARCHERS, FRAUD PREVENTION AGENCIES, PRICE COMPARISON SITES ETC].
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
You can object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.
In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data.
This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data’s accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party.
We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.
We will advise you if this is the case at the time you withdraw your consent.