Updated on: 31 May 2023
This User Agreement (hereinafter referred to as "this Agreement") is a legal agreement between Shanghai MiaoTravel Business Exhibition Co., Ltd. (hereinafter referred to as "MiaoLv") on behalf of itself and its affiliates (collectively referred to as "we", "us" and "our") and you ("you", "your", "your", "user" or "customer"). The products and services released on this platform (i.e. our official website https://www.marathontours.com.cn and "MarathonToursCN" WeChat public account platform) are provided by Marathon Tours & Travel (China)(上海赛时通国际旅行社有限公司and北京赛时通国际旅行社有限公司).
By accessing, booking or using our products or services (hereinafter referred to as "Products and Services"), you are deemed to have accepted this Agreement, please read the following carefully. If you do not agree with any of the following, please stop accessing the Platform or using the Platform products and services immediately.
I. General Provisions of the Agreement
1. The content of this Agreement includes the text of the Agreement, the Order Form and other rules that we have issued or may publish in the future, including but not limited to other agreements such as privacy policies ("Other Terms"). In the event of any inconsistency between this Agreement and the Other Terms, the Other Terms shall prevail. Unless expressly stated otherwise, any products and services we provide are subject to this Agreement.
2. We reserve the right to modify this Agreement at any time, so please check it frequently. If we make material changes to this Agreement, we will notify you by means of a prominent notice by email, our website and app homepage, etc.
3. This Agreement applies to all persons who book marathons, hotels, hospitality services and other related products and services on this Platform.
4. All products and services published on this platform are an invitation to make an offer issued by this platform, and your order is regarded as an offer.
II. User Registration
1. You acknowledge that before you begin to register and use our products and services, you represent and warrant to us that: (1) you are at least eighteen (18) years of age; (2) You are eligible to register for and use our products and services, have the right, power and ability to enter into and enforce this User Agreement and (3) you will use our products and services in strict compliance with the terms and conditions of this Agreement and all applicable laws.
2. If you do not meet the above conditions, you or your guardian shall bear all the consequences arising therefrom in accordance with the law.
3. You need to ensure that you are not the subject of trade restrictions, economic sanctions or other laws and regulations imposed by any country, region or international organization, nor do you directly or indirectly provide funds, goods or services to the aforementioned objects, otherwise you should stop using our products and services, and you understand that violating the aforementioned requirements may cause you to be unable to register or use our products and services normally.
4. You should ensure that you are physically fit to travel. If you have a history of heart disease, hypertension, respiratory diseases, etc., please book the products and services of this platform after obtaining the consent of a professional doctor in the hospital.
III. Reservation and confirmation of products and services
1. To book our products and services, you need to register as our member first. You can book various products and services for yourself and others on this platform, please accurately fill in your reservation information and the relevant information of the actual traveler during the booking process and ensure the authenticity of the personal information you submit. If you or others are unable to travel or suffer economic losses due to the incorrect booking information submitted by you, we will not be liable for refunds; If you cause losses to us as a result, you shall compensate for them in accordance with specific regulations.
2. After you complete the registration application procedures, it means that you have obtained the right to use the account (username) of this platform. You shall provide timely, detailed and accurate personal information, and continuously update your registration information to meet the requirements of timeliness, detail and accuracy. You shall keep your account (username) and password properly, and the actions performed or performed through your account (username) and password will be regarded as your own actions. If you find that others misuse your account or have any other situation that may endanger the security of your account, you should immediately notify us in writing and effectively and promptly request us to suspend the relevant services. Hereby, you understand that it takes reasonable time for us to act on your request, and we are not responsible for the consequences (including but not limited to any loss to you) that have occurred before taking action.
IV. Data security and privacy protection
We take the protection of personal data very seriously and you can find the details in our Privacy Policy.
This policy will help you understand the following:
（1） Basic principles of data processing
（2） Collection of personal information
（3） Sharing, transfer and public disclosure of personal information
（4） Personal information storage and retention period
（5） Data Protection of Minors
（6） Data Subject Rights
（7） Data security protection measures
（8） Use of cookies and similar technologies
（9） Security commitments of affiliates and partners
（10） Name and contact information of the responsible organization
（11） Continuous updating of the Statement
（12） Prevailing Language Clause
If you wish to contact us regarding your personal information or the text of the Privacy Policy, you may contact us at sales@marathontours.cn
Destination Sport Co. Ltd
Address: Office 604-09, 6F, Shanghai Centre West Wing, No. 1376 Nanjing West Road, Shanghai
Zip: 200040
Phone: 13910715809
V. Prices of products and services
1. We reserve the right to change the published prices of products and services and related information on this platform according to market price fluctuations. The price of all products and services booked is based on the amount agreed in the contract.
2. Please purchase products and services according to the actual number of travelers. For example, a single package is required for a solo trip, and a package for two persons or two single packages is required for a two-person trip.
VI. Effectiveness of the Booking
1. After you submit your order, we will confirm with you whether the order can be fulfilled. If it is confirmed that the order can be completed, your order will take effect and become legally effective after you pay the fees payable to you confirmed by us on time and send you a confirmation letter. We will not be liable for any failure to pay the relevant fees in a timely manner as required, and the price, content, criteria of the products you intend to pre-order have changed or the products are sold out, and we may cancel the unpaid order at any time.
2. If you book a hotel product, you must check in according to the hotel's confirmation date and hotel regulations; If you booked a marathon product, you must travel on the dates and conditions specified in the event. If you do not travel in accordance with the confirmation date and relevant terms and conditions due to your own reasons, you shall bear the relevant costs.
3. Provision of passenger information: In order to ensure that you have a smooth journey, please provide correct passenger information (including ID type, ID number, ID validity period, date of birth, gender, physical health). Please be sure to check the validity of your documents before you travel and bring them with you for a smooth trip.
VII. Cancellation and Change of Order
1. After the order takes effect, if you want to cancel the effective order, you must submit a written application and cancel the relevant order in accordance with the legal documents signed when agreeing on the travel terms with us and compensate us for losses and pay corresponding liquidated damages.
2. We cancel your active order:
If your order cannot be completed due to our reasons and cancels, we shall notify you immediately, and cancel the order and refund the corresponding fees in accordance with the relevant legal documents signed when we agreed with you on the travel terms.
3. Changes to the contents of the effective order:
Upon mutual agreement, the product content agreed in the effective order may be changed in writing. However, the resulting additional costs shall be borne by the party proposing the change, and we shall refund the reduced costs to you. If losses are caused to the other party, the party proposing the change shall bear the corresponding losses. Due to the particularity of some products, you should also carefully read the relevant introduction of the product display page and the relevant reminder clause in the itinerary when booking and traveling, if we have notified in advance that there may be changes, it is not within the scope of our compensation for changes.
VIII. Travel safety and its safeguards
1. Security Policy: Guests staying in our booked package rooms must be the registered person who purchased our package. If a registered customer attempts to host an unregistered guest and/or invite them to any event arranged in our itinerary, the registered guest's tour package will be cancelled and the fee will not be refunded, and the person concerned may be refused access to future tours. Please note that as this policy will be strictly enforced, there will be no exceptions.
2. Insurance: In order to ensure the safety of your trip and pass on the risk in the event of a safety incident, so that your interests can be guaranteed to the greatest extent, we strongly recommend that you take out travel accident insurance and rescue insurance, or other insurance that covers personal safety, trip cancellation loss, luggage, health and accidents according to your personal wishes and needs. Please note that any representation or description of insurance by our staff does not constitute a binding warranty or commitment to the insurance. Please contact a qualified third-party insurance company to purchase directly.
3. In the process of participating in the activities organized by the local supplier (as part of the packages offered by us), we shall not be liable for compensation for personal injury or property damage caused by the guest's personal fault, as well as various expenses incurred thereby, which is why we strongly recommend that you take out relevant insurance.
4. The organizer shall not be liable for compensation for personal or property damage that occurs during the time of the guest's own activity without participating in the activities agreed by both parties. In this case, it is especially important for you to purchase relevant insurance.
IX. Account Usage Rules
1. Account Registration Rules. You can register your own account name, edit your avatar, introduction and other registration information, but you promise to abide by the seven bottom lines of laws and regulations, socialist system, national interests, citizens' legitimate rights and interests, public order, social morality and information authenticity, and abide by the "Internet User Account Name Management Provisions" and related management regulations, and the account name, avatar and introduction and other registration information must not contain illegal and adverse information, including but not limited to the following circumstances:
(1) Violation of the Constitution or laws and regulations;
(2) Endangering national security, divulging state secrets, subverting state power, or undermining national unity;
(3) Harming national honor and interests, harming the public interest;
(4) Inciting ethnic hatred, ethnic discrimination, and undermining national unity;
(5) Undermining the state's religious policy and propagating cults and feudal superstitions;
(6) Spreading rumors, disturbing social order and undermining social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;
(8) Insulting or slandering others, infringing on the legitimate rights and interests of others;
(9) Containing other content prohibited by laws and administrative regulations.
If you use an account on this platform to produce, publish or disseminate information content, you shall use real identity information and personal information, and shall not register with false or fraudulent identity information; If there are any changes to your personal information, you should update it in a timely manner. If you fraudulently obtain account name registration with false information, or your account avatar, introduction and other registration information have illegal and adverse information, we will take necessary measures for your account in accordance with this agreement and relevant laws and regulations, including but not limited to notifying you to correct within a time limit, suspend use, cancel your account, etc., and any losses caused therefrom shall be borne by you, except for those caused by our fault.
2. When you use our products or services, you must abide by the relevant laws and regulations of the People's Republic of China, and you should agree that you will not use the products or services to carry out any illegal or improper activities, otherwise we will take necessary measures for your account in accordance with this agreement and relevant laws and regulations, including but not limited to notifying you to correct within a time limit, suspend use, cancel your account, etc., and any losses caused therefrom shall be borne by you, except for those caused by our fault. Illegal or improper activities include, but are not limited to:
（1） Entering a computer information network or using computer information network resources without permission; Delete, modify or add computer information network functions without permission; Delete, modify or add to the data and applications stored, processed or transmitted into the computer information network without permission; Intentionally making or spreading destructive programs such as computer viruses; Other behaviors that endanger the security of computer information networks.
（2） Commercial use of any data on this platform, including but not limited to the use of the materials displayed on this platform in any way such as reproduction and dissemination without our prior written consent.
（3） Using any device, software or routine or other means to interfere or attempt to interfere with the normal operation of the Platform or any transactions or activities being carried out on the Platform or take any action that will cause an unreasonably large data load to be imposed on the Network Equipment of the Platform.
（4） Unfair competition behavior that violates the principle of good faith, or malicious order placement, false transactions, order swiping, improper comments and other malicious behaviors that disrupt the order of transactions, or other abnormal network user behaviors that are not for the purpose of consumers.
（5） Other acts unrelated to online transactions.
3. No Account Transfer. You should understand that we, as developers and maintainers of platform system functions, have ownership of the platform, including user accounts, and you obtain the right to use the account by registering for this platform account. Since the user account is associated with the user's credit information, you may not transfer the account or authorize the account to a third party to use unless expressly provided by law, judicially ruled or with our written consent, and the user submits a written application. Otherwise, we have the right to pursue your liability for breach of contract and take necessary measures for your account as appropriate, including but not limited to notifying you to make corrections within a time limit, suspend use, cancel your account, etc., and you shall bear the responsibilities and consequences arising therefrom.
X. Intellectual Property Rights and Other Legitimate Rights and Interests
1. Intellectual Property Ownership.
You acknowledge and agree that all intellectual property rights or proprietary rights in the software, code, trademarks, trade secrets, proprietary methods and systems used to provide the Products and Services, and the content we provide or display through the Products and Services, including all text, graphics, images and appearances, belong to us or are licensed to us.
2. Nothing in this Agreement or any Other Terms shall be deemed to be a transfer by us, express or implied, of ownership of any Technology or Content to you. Except as granted or permitted by us in this Agreement or in any Documentation, we retain all rights in our Technology and Content. We do not grant you or your authorized users any right or license to use any of our trademarks, trade names, logos, product names or other indications of origin.
XI. Force Majeure
1. If part or all of the effective orders cannot be fulfilled due to natural disasters, bad weather conditions, government actions, abnormal social events (such as strikes, coups, riots, parades, etc.), outbreaks of epidemic diseases, etc., resulting in partial or total failure to perform the effective order, the two parties may negotiate to postpone the performance. If you are unwilling to postpone performance, or if the cost of our group increases due to force majeure factors, and the two parties cannot agree on the new price, the two parties can cancel the effective order. In the event of extension or cancellation of the Agreement, you will be responsible for the costs incurred by us in connection with the previous group. If we and you are unable to perform the contents of the effective order due to force majeure, we shall be partially or fully exempted from liability, but shall notify the other party in a timely manner and provide relevant certificates within a reasonable period of time, unless otherwise provided by law.
XII. Relevant responsibilities involving third parties
1. Third parties are any organizations, institutions, public transport carriers, travelling companions and other individuals other than you and us and their appointed travel service facilitators.
2. In the following situations between you and a third party, the relevant responsibilities shall be implemented in accordance with the following agreements:
· You should pay attention to the safety of your personal and property during travel, keep your documents and baggage properly, and carry valuables (such as cash, documents, jewelry, securities, cameras, video cameras, computers, mobile phones, etc.) with you. If personal accident injury or loss, theft, robbery of carry-on baggage items occur without our reasons, we will actively assist in rescue, search, remedy, report, claim, etc., but there is no liability for compensation. You will bear the costs incurred if you need to reapply for documents.
· If you violate the laws of relevant countries or regions and are fined, detained, deported and pursued for other criminal and civil liabilities, you shall bear all liabilities and costs. However, in order to protect your legitimate rights and interests, we will assist the relevant authorities to find out the facts.
· Any participation in third-party activities or outings during your free time will be at your own risk. The losses and disputes arising therefrom shall be borne and resolved by yourself, and we shall not be liable.
· Unless it is due to our reasons, no matter what other reasons cause the delay, cancellation or change of hotel, race, flight, train or ship, so that your itinerary has to be changed, both parties shall jointly negotiate with the relevant third party, including negotiations on compensation, we shall not be liable for compensation, you shall not adopt an uncooperative attitude for this, let alone take extraordinary means such as refusal of boarding, car, ship or detention and non-return to confront, otherwise the losses and other consequences caused by this shall be borne by you.
· Whether to issue visas and whether to grant entry and exit is the administrative power or sovereignty of the relevant institutions, and our acceptance of your entrustment to apply for visas does not mean that we promise to successfully apply for them. If you cannot apply for a visa in time due to your own reasons or errors or omissions in the materials provided or other reasons of the mission of the embassy or consulate, and you are refused a visa or refused entry and exit by the relevant authorities, you shall bear all responsibilities and expenses.
· Neither party will be liable for your visa delay due to the adjustment of relevant agency policies. If costs are incurred, you are responsible for them.
XIII. Dispute Resolution Methods
1. Any dispute arising out of or in connection with this Agreement shall be settled through friendly negotiation; If the negotiation fails, both parties have the right to submit to the Shanghai International Economic and Trade Arbitration Commission for arbitration in accordance with the arbitration rules currently in force of the court. This Agreement to Arbitrate shall survive the termination of your contractual relationship with us.
2. You confirm that this Agreement is signed in the Putuo District of Shanghai. The verification, interpretation, modification, performance and dispute of this Agreement shall be governed by the laws of the People's Republic of China, without regard to its conflict of laws provisions.
XIV. Contact Information
You may contact us in connection with this Agreement by sending an email to sales@marathontours.cn (Chinese- and English-speaking service)
XV. Prevailing Language Clause
In case of dispute, the Chinese language version of this document prevails.
Release date: 31 May 2023
Last revision date: 31 May 2023
