Welcome to ChinaDreamInn.com Site! Please read this page carefully. By accessing the web site you accept and agree to be bound, without limitation or qualification, by these terms and conditions as the Agreement.
This User Agreement ("Agreement") is a contract between you and ChinaDreamInn.com (the “Site”) (owned by TriStrategy, Inc., a Washington State corporation) and applies to your use of the Chinadreaminn.com site and its online services. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the site. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified Agreement.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the ChinaDreamInn.com Privacy Policy, before you may sign up for a Chinadreaminn.com property owner or public user account.
In this Agreement, "you" or "your" means any person or entity using the Site and Services ("Users"). It includes customers visiting the Site and/or booking a reservation through us on this Site, or through our customer service agents. It also includes registered partners or property owners who user the services of the site for property/tour listings or advertisements.
Unless otherwise stated, "ChinaDreamInn”, “ChinaDreaminn.com”, or "we", “us”, "our" will refer collectively to as the parent company of ChinaDreamInn.com, TriStrategy, Inc. and its subsidiaries. As a notation for the rest of the Terms and Conditions, ChinaDreaminn.com, its parent company (TriStrategy, Inc.) and its corporate affiliates are collectively referred as “CHINADREAMINN” or “CHINADREAMINN COMPANIES” and the affiliated, co-branded and/or linked site partners through whom we provide services are collectively referred to as “CHINADREAMINN AFFILIATES”.
Terms of Use
These terms and conditions apply to your use and viewing of our Site. Your use of our Site indicates your acceptance of the terms and conditions set out below. If you do not agree to these terms and conditions you must not use this site. These terms and conditions may be updated or revised by us at any time without notice. You are responsible for reviewing these terms on each occasion that you revisit our site and if you continue to use our site after changes are made you are deemed to have accepted them. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of our site.
1. Use of the Site
As a condition of the use of this Site, you warrant that you will use this Site in accordance with this Agreement and more: (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii)you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act, (iv) all information supplied by you on this Site is true, accurate, current and complete, and (v) if you have ChinaDreamInn.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
We take steps to ensure the Site is available 24 hours a day to all permitted users, and that it is accessible. We do not warrant that the site will be continuously available, or that your use of the site will be uninterrupted or error-free, or that the site and server will be free from attack. We will not tolerate any use of our Site which damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.
We therefore ask you to treat our Site with respect, and not to use the site for any illegal purpose, or in such a way as to infringe or breach other’s rights or to cause or threaten to cause us damage. We also ask you to comply with any relevant policy and term imposed by third parties whose Sites you may access through our Site.
We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
2.Intellectual Property Protection
The copyright of the design and contents of this Site are owned by CHINADREAMINN (under TriStrategy, Inc.) or its licensors. All rights are reserved. All other intellectual property rights, including trademarks, shall remain with us or our licensors and nothing in this Site should be taken as conferring any license or right to use any trademark displayed on our Site without our prior written approval for any purpose. In particular, but without limitation, you may not use the TriStrategy or ChinaDreamInn names in meta-tags or as a sponsored term in search engines without permissions.
The content and information on this Site (including, but not limited to, price and availability of properties and tours, other China travel related services and advertisements), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your reservations (and related documents) for services booked through this Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Your use of any area of our Site reserved for registered users is also subject to the terms of this Agreement.
Any software that is made available to download from this Site (as “Software”) is the copyrighted work of CHINADREAMINN, CHINADREAMINN AFFILIATES, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Site, is owned by the CHINADREAMINN COMPANIES, CHINADREAMINN AFFILIATES, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Except to the extent and in the circumstances expressly permitted by law, you may not rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software used on this site nor may you use, reproduce or deal in the software in whole or in part in any way.
3. Other Prohibited Activities
In additions to Intellectual Property Protection rules listed above, you agree not to:
· use this Site or its contents for any commercial purposes of your own;
· temper with any restricted area of the site outside your own permitted privileges with the Site
· make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
· monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
· violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
· interrupt the Site operation by taking any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large loads on our infrastructure;
· deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
· "frame", "mirror" or otherwise incorporate any part of this Site into any other Site without our prior written authorization.
4. About Suppliers
If specified explicitly, separate terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable products or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
CHINADREAMINN will in general impose strict selections for our suppliers with whom we do business with, but TO THE EXTENT PERMITTED BY LAW, CHINADREAMINN DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SUPPLIER.
Please also see “Travel Service Liability” section for liability disclaimer related to suppliers.
5. Electronic Notification
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.
6. Privacy Policy
ChinaDreamInn.com firmly believes in protecting your privacy. Please check our Privacy Policy on the Site to review our current privacy practices, which also governs your use of ChinaDreamInn.com.
7. International Travels
Services advertised or for sale on Chinadreaminn.com may involve travel-related services at international destinations like China. ChinaDreamInn.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking services to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. Please also check the above sites for the latest travel updates on travel document requirements including passports and visas, etc. You hereby release CHINADREAMINN COMPANIES from any claim resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
BY OFFERING OR FACILITATING TRAVEL-RELATED SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
8. Currency Conversion
ChinaDreamInn.com does not provide real-time currency conversations and will list our prices in US Dollars only and within per-negotiated price range with our suppliers. If provided, currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Users are allowed to deal directly with us by using their credit card information on charges clearly specified for the services reserved through the Site. Under some limited situations, a currency conversion is needed in these charges and we will adopt a generally accepted rate for the time period or bank-published daily rate from a well-known bank. If Users prefers to pay locally in China after the services (reserved or additional) are done, they may deal with currency conversion issues with local suppliers (hotels, travel agencies, etc) which are not controlled by us. These service providers may have their own currency conversion calculations based on the daily rate from local banks or a generally accepted conversion rate locally. You hereby release the CHINADREAMIN COMPANIIES or CHINADREAMINN AFFILIATES from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
9. Prepaid Reservations
By accessing the Site and purchasing our products and services through the Site, you acknowledge that CHINADREAMINN pre-negotiates certain room and tour rates with suppliers to facilitate the booking of these reservations on your behalf. The rates of these services displayed on the Site is a combination of the pre-negotiated rates reserved on your behalf by CHINADREAMINN and the facilitation fee retained by us to compensate for our services. You authorize CHINADREAMINN to book reservations for the total reservation price, which includes the rates displayed on the Site, plus applicable tax recovery charges, and service fees. You agree that your credit card will be charged by ChinaDreamInn.com for the total reservation price and may be charged automatically for the subsequent charges during or upon the completion of your reserved products or services. Upon submitting your reservation request you authorize ChinaDreamInn.com to facilitate reservations on your behalf, including making payment arrangements with travel suppliers.
You acknowledge that CHINADREAMINN does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that CHINADREAMINN pays to the travel supplier in connection with your reservations. The travel suppliers invoice CHINADREAMINN for tax amounts. The travel suppliers remit applicable taxes to the applicable taxing jurisdictions. CHINADREAMINN does not act as co-vendors with the supplier with whom we book or reserve our customer's travel-related service arrangements. Taxability and the appropriate tax rate vary by location. The actual tax amounts paid by CHINADREAMINN to the suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the property location by our customers. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of reservations.
You may cancel or change your prepaid reservations, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the reservation. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the product or service you reserved, which may vary by providers (generally 2 weeks or 14 days prior to your date of arrival), you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first day/night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with ChinadreamInn.com or subsidiaries, as appropriate, no later than the date of the first night of the reservation to prevent cancellation of your reservation. You must make refund requests for no-shows or early checkouts within 60 days after checkout.
You agree to pay any cancellation or change fees that you incur. In limited cases, some travel providers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the reservations. You agree to abide by the terms and conditions imposed with respect to your prepaid reservations.
10. LIABILITY DISCLAIMER
10.1. Content and Information on the Site
The information, software, products, and services published on this Site may include inaccuracies or errors, including pricing errors. In Particular, CHINADREAMINN COMPANIES and CHINADREAMINN AFFILIATES do not guarantee the accuracy of, and disclaim all liability for any error or other inaccuracy relating to the information and description of the properties and/or hotels, tours and other travel products or services displayed on this Site (including, without limitation, the pricing, photographs, list of property amenities, general product descriptions, advertisements, etc), much of which information is provided by the respective suppliers. In addition, CHINADREAMINN expressly reserve the right to correct any pricing errors on our Site and/or on pending reservations made under an incorrect price, In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your choice, we will cancel your reservation without penalty.
Due to the diverse situations in international countries, property ratings displayed on this Site are intended as general guidelines only. The rating may come from local government definitions or user review accumulations by collections from the Site. The CHINADREAMINN and the CHINADREAMINN AFFILIATES do not guarantee the accuracy of the ratings. The CHINADREAMINN AFFILIATES and their respective suppliers make no guarantees about the availability of specific products and services. The CHINADREAMINN and its companies, the CHINADREAMINN AFFILIATES and their respective suppliers may make improvements and/or change on this Site at any time.
THE CHINADREAMINN COMPANIES, THE CHINADREAMINN AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CHINADREAMINN COMPANIES, THE CHINADREAMINN AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE CHINADREAMINN COMPANIES, THE CHINADREAMINN AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CHINADREAMINN COMPANIES, THE CHINADREAMINN AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL THE CHINADREAMINN COMPANIES, THE CHINADREAMINN AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON USER RATING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE CHINADREAMINN COMPANIES, THE CHINADREAMINN AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, the CHINADREAMINN COMPANIES, the CHINADREAMINN AFFILIATES or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the CHINADREAMINN, the CHINADREAMINN AFFILIATES or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Site, or (b) Fifty US Dollars(USD$50).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the CHINADREAMINN COMPANIES, the CHINADREAMINN AFFILIATES, and/or their respective suppliers.
10.2. Travel Service Liabilities
THE PROPERTY OWNERS, HOTELS, TOUR SERVICE OR TRAVEL AGENCIES AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE SITE (COLLECTIVELY, "SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE CHINARREAMINN. TO THE EXTENT PERMITTED BY LAW, CHINADREAMINN DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SUPPLIER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
You agree to abide by the terms or conditions of purchase imposed by any Supplier, whether that Supplier is selected by you or by ChinaDreamInn.com, including, but not limited to, payment of all amounts when due and compliance with the Supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in ChinaDreamInn.com debiting your account for any costs ChinaDreamInn.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
11.Indemnification
You agree to defend and indemnify the CHINADREAMINN COMPANIES, the CHINADREAMINN AFFILIATES, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party;
(c) your use of this Site.
12. Links to 3rd Party Sites
You may not link to this Site without our prior written permission, which we may refuse or revoke in our absolute discretion and without the need to provide a reason. If you would like to link to this site, please contact the infor@chinadreaminn.com for permission.
This Site includes links that allow you to leave this Site. Where there is any link from this Site to other Sites or content or features supplied by third parties, we have no control over and are not responsible for the content, use by you or availability of such Sites and the content and the existence of such links does not imply that we in any way endorse the material on such sites or the products or services made available by them. You hereby release CHINADREAMINN COMPANIES from any claim resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
13. Miscellaneous
If any provision of these terms and conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these terms and conditions and the remainder of the affected provisions shall continue to be valid. The failure to exercise or delay in exercising a right or remedy provided by these terms of use or by law does not constitute a waiver of other rights or remedies. These terms and the use of this Site and its content shall be governed by and construed in all respects in accordance with the laws of Washington State, USA.
14. Contact Us
For questions, please use our Site Contact Us or email our Customer Service at customerservice@chinadreaminn.com. Or you may write us directly at:
ChinaDreamInn.com
c/o TriStrategy, Inc.
P.O. Box 1288
Issaquah, WA 98027-0050
©2007 TriStrategy, Inc. All rights reserved.