This agreement (hereinafter referred to as the « Agreement ») is entered into between:
1. Xian Insiders, hereinafter referred to as « XIIN » On the one hand
2. The client, hereinafter referred to as the « Client » On the other hand
XIIN and the Client are hereinafter collectively referred to as the « Parties » and individually referred to as a « Party ».
(i) XIIN is a company which provides services related to specific vehicles such as sidecars and vintage cars in different areas including the People’s Republic of China (hereinafter referred to as the « Service »).
(ii) The Client has agreed to use the Services provided by XIIN, and XIIN has agreed to provide such Services, as defined in this Agreement (which includes the Appendix).
It is therefore hereby agreed as follows:
1. DESCRIPTION OF THE SERVICES
1.1 XIIN will provide the Client with the Services defined in this website.
1.2 Services in sidecar(s) will be provided exclusively to any person above the age of 17 years old and able to ride sidecars to the appreciation of the driver. For children of an age from 3 years old and below 17 years old, one person of at least 17 years old shall be on board the
vehicle. For children below 5 years old, one person of at least 17 years old shall seat in the sidecar attached to the motorbike with him/her.
1.4 All Services and offers by XIIN shall be exclusively based on the terms and conditions set forth in this Agreement, which supersedes any other document or agreement between the Parties.
2. SERVICE FEE
2.1 The Client undertakes to pay to XIIN the service fee of a net amount indicated in this website.
2.2 It is understood that the Service Fee is calculated on the basis of the actual number of beneficiaries of the Services, subject to the stipulations of Article 3. If more beneficiaries than initially agreed show up, XIIN will be able to accept or to refuse to provide Services to additional beneficiaries based on available vehicles. If less beneficiaries than initially agreed show up, the cancellation policy described in Article 3 shall apply
2.3 XIIN needs a 100% upfront payment to secure the booking. Payments of the Service Fee are due at the date of invoice.
2.4 The Service Fee exclusively includes:
The vehicle fee;
The fuel fee;
The driver’s remuneration;
In case of airport pick-up, a waiting time of one hour as from the pick-up agreed in writing. If exceeded, each supplementary hour will be invoiced. Each hour started will be charged in full.
The parking fee;
3. CANCELLATION POLICY
3.1 In the event of cancellation by the Client of the booking of the Services, XIIN will refund the related Service Fee actually paid in the amount of:
3.1.1 90% of the Service Fee if XIIN receives the cancellation in writing at least 5 weeks prior to the date of the service
3.1.2 50% of the Service Fee if XIIN receives the cancellation in writing at least 48 hours prior to the date of the service.
3.1.3 The Client will not be entitled to any refund if XIIN receives the cancellation less than 48 hours before meeting time. In case of “no show” after 1 hour from agreed meeting time, the Client shall be deemed as having canceled the service.
3.1.4 If the Service is cancelled from the Client due to heavy rain, even without any notice, XIIN shall refund 80% of the Service Fee to the Client unless otherwise agreed in writing between the parties.
3.2 If XIIN does not provide the Service for any reason whatsoever due to XIIN, the Client will exclusively be entitled to claim for the refund of the Service Fee which has already been paid to XIIN by the client.
4.1 Passengers shall abide by the rules which are locally applicable and shall comply with all instructions of the driver. The driver may decide to suspend or stop the provisions of Services if the behavior of the passenger is not deemed as acceptable by the driver.
4.2 Bringing food and drinks in the vehicles as well as consuming foods and drinks in the vehicles are subject to approval from the driver on a case by case basis.
4.3 Except in case of willfulness and gross negligence, XIIN shall not be held liable of any liability or damages caused to the client.
4.4 As the case may be, liability for any damage caused by the willful and gross negligence of XIIN, as the case may be, shall be limited to the Service Fee actually paid for the Client or the individual beneficiary designated by the Client which suffers the damage.
5. DISPUTE RESOLUTION
5.1 This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China.
5.2 Any dispute which cannot be settled amicably, shall be exclusively submitted to the National People’s Court.