Terms and Conditions

 

Last update January 2023

Tourist Services

This Tourist Services Agreement (the “Agreement”) is entered into by the registering user of the website (the "Client") and Asco International Limited Ltd (“Asco”).  (Each a “Party” and Client and Asco together the “Parties”).

The Parties desire to enter into this Agreement to provide the terms and conditions upon which the Client wishes to purchase touristic services through the online platform managed by Asco.

By signing this Agreement, the Client expressly declares to have understood and accepted, for himself and for third parties for which he requests the services, these terms and conditions contained therein, as well as all Asco's policies, payment terms and cancellations in relation to the above mentioned services that are intended to be fully agreed.

Asco undertakes the obligation to provide all the services as described on the online platform, in the travel Program, in the Quotation and in the booking confirmation sent by electronic means directly to the Client that shall constitute an integral part of the present Agreement

The above mentioned Program describes the details of the travel and the Quotation in an estimation of the prices of all the services supplied by Asco

 

Electronic Agreement Conclusion (under HK ETO)

Both parties agree to consider this agreement as a valid electronic contract pursuant to the Hong Kong law (Electronic Transaction Ordinance - ETO), including all the constituent elements: provision of tourist services, completion and acceptance of the online form for the creation of the account, the indication of the acceptance modalities as well as the intention to create legal relations. Both parties agree to consider the contract signed by electronic signature in accordance with the provisions of the ETO.

 

Content

This contract contains the entire agreement of the parties as far as the provision of tourist services is concerned and replaces any previous written or oral agreement between the parties without any prejudice for both parties. However, this Agreement is subject to specific agreements, signed prior to this contract and / or added, intervened between the same parts in relation to the terms and conditions of payment of the services that remain valid and binding between the Parties.

The tourist package purchased by the Client will exclusively contain the services indicated in the travel contract; any other and / or additional services, such as transfers to and from the place of departure and the services purchased on the spot by the Client are not included in the package purchased.

Therefore, Asco assumes no responsibility in this regard and cannot in any way be considered responsible for any claims related.

Asco shall put all its efforts to provide services at the prices as agreed in the Program and Quotation; notwithstanding the above, the Client acknowledges that they might be modified due to the availability of the suppliers and any price variation related to the mandatory adjustment to extraordinary emergency measures to contain the spread of the coronavirus (Covid-19) declared by the local Authorities.

In case of any changes other than the ones mentioned in the previous clause, Asco shall promptly notify the Client by electronic means with alternatives to be approved by the Client.

 

Validity

This Agreement shall commence upon the Client's electronic acceptance during the online account opening procedure and shall continue until the account closing procedure.

 

Failure to pay

Failure to pay according to the Asco policies entails the automatic termination of the contract with no obligations on Asco to provide the services. This termination shall be communicated via electronic means to the Client.

Payment is considered successful when the payment is deposited into Asco's bank account.

 

Liability

Asco is not responsible for any claims, actions, damages, losses, costs or expenses incurred by the Client or by its third parties in the performance of the Agreement for the provision of tourist services.

In any case, the parties will be responsible and alone to bear the consequences and costs of any disputes or claims that may arise from their activity.

Asco, also, is not responsible for any consequences related to the application of local and international emergency regulations to contain the spread of coronavirus (Covid-19) on the provision of the tourist service. Therefore, Asco is not responsible and declines any responsibility for any and all claims, actions, damages, losses, costs or additional costs incurred by the Client or by third parties of the Client r before and during the execution of the tourist service related to the aforementioned application of the Covid-19 regulation.

 

Act of Force Majeure

Asco cannot be held responsible for failure to comply with any provision of this document or non-fulfillment on its part to fulfill any obligation arising from labor disputes, strikes or lockouts, good faith compliance with any foreign law or national government regulation or order that is proved to be invalid or due to force majeure which in this context means and includes, but is not limited to, war (declared or not), sabotage, riots, explosions, government control, restrictions or prohibitions or any other action or omission of government, including special safety and security advice, weather phenomena, epidemics, etc., or its local or national administrative authorities, fire, earthquake, storm, flood, epidemic, volcanic eruption, drought, adverse weather conditions that interfere with normal conduct tourism and/or air transport activities, such as fog, ice, hurricanes, tornadoes, sandstorms, or other events beyond its control that reduce the trust of tourists also in relation to the means of transport to or from the country in which Asco is located and / or the services mentioned above.

For specific terms in cases of force majeure, with the express exclusion of Covid-19 as a cause of force majeure, the parties expressly refer to the related policy that is accepted by signing this Agreement.

 

Confidentiality

Asco undertakes and warrants to keep strictly confidential any and all information received from Client hereunder and/or learnt and/or generated in relation to any activity and/or services rendered throughout the term of this Agreement and/or in relation to any activity and/or services for Client’s contractors, vendors, consultants and experts (“Information”).

Asco agrees not to use said Information for purposes other than those expressly provided in this Agreement and not to disclose or transfer said Information to third parties in any way whatsoever. Notwithstanding the foregoing, Asco agrees to disclose the Information only to its employees who are directly and necessarily involved in the performance of this Agreement and who are bound, either by law or by contract, to confidentiality and non-use obligations at least equivalent in scope to those set forth in this Agreement.

 

Compliance and Data protection

Asco hereby undertakes and warrants to fully cooperate with Client for the purpose of complying with all applicable laws, regulations and guidelines, including those relating to the protection of personal data, and to promptly make available to Client all information and/or personal data necessary for such purpose.

Client and Asco may process personal data obtained in the course of performing the services and activities under this Agreement solely for the purposes of complying with regulatory obligations, or as otherwise required by any applicable law and/or by any competent court order.

As a general rule, Asco shall retain any personal data received and/or generated hereunder only in its confidential files.

The Parties expressly refer to the Privacy Policy that is accepted by signing this Agreement

 

Representatives and Warranties

Each party of this Agreement represents and warrants to the other party that it:

  • has full power and authority and legal right to execute and perform this Agreement
  • has taken all necessary legal and corporate action to authorize the execution and performance of this Agreement
  • constitutes the legal, valid and binding obligations of such party in accordance with its terms
  • shall act in good faith to give effect to the intent of this Agreement and to take such their action as may be necessary or convenient to consummate the purpose and subject matter of this Agreement.

 

Miscellaneous

This Agreement can be modified if the modification is made in writing and signed (also electronically) by both Parties, with a separate and added and/or previous Agreement.

The inability of both parties to enforce any provision of this contract shall not be interpreted as a waiver of the limitation of that party's right to subsequently apply and enforce strict compliance with any other provision.

 

Governing Law and Jurisdiction

This contract must be interpreted and regulated according to the law of Hong Kong.

The Parties expressly agree that any dispute in relation to the interpretation and/or execution and/or responsibility and / or validity of this agreement will be the exclusive competence of Hong Kong.

 

Communication and Claims

The Client undertakes to immediately and promptly notify Asco of any discrepancy and/or claim and/or request during the execution of the services and in any case not later than 10 days from the conclusion of the services to the following e-mail address: digital@ascolotus.com

In the event of failure of prompt notification and in any case within the terms indicated, Asco will be exempt form liability and charges and no benefit will be recognized to the Client

 

                LEGAL NOTICE

Last updated: January 2023

Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Asco

 

Terms and conditions of use

Welcome to the Asco International LTD (https://ascolotus.com) (hereby Asco)

Please read these Terms and Conditions carefully before using this website. The information and materials provided by Asco may be used for informational purposes only.

By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the Asco’s website, both now and in the future.

Asco may at any time revise and update the terms and conditions.

You are encouraged to periodically visit this page to review the most current terms and conditions to which you are bound. If you do not agree to these terms and condition of use, please do not use this website.

 

Restrictions

You may view, download and copy information and materials available on this website solely for your personal, non- commercial use.

As a condition of use, you agree not to modify or revise any of the materials in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials.

No other use of the materials or information is authorized.

Any violation of the foregoing may result in civil and/or criminal liabilities.

 

Ownership of information and material

The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or form this website are the copyrighted works of Asco, and any unauthorized use of that information or materials may violate copyright, trademark and other laws.

Any rights not expressly granted herein are reserved.

 

Trademark information

Asco’s trademarks are registered and may be used only with written permission from Asco. All other trademarks, brands and names are the property of their respective owners.

Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Asco or any third party.

 

Links to other websites

As a convenience, and to make the Asco website truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties.

Asco makes no representation and is not responsible for the availability of, or content located on or through these third- party site. A third -party link from the Asco website is not an indication that Asco endorses the third party or its site or has any affiliation with or between Asco and the third parties hosting site.

 

Feedback

All comments, feedback and information or materials submitted to Asco through or in association with this website shall be considered non confidential and Asco’s property.

By submitting such comments, information, feedback or materials to Asco, you agree to a no-signed assignment to Asco of worldwide rights to use, copy, modify, display and distribute the submissions.

Asco may use these comments, information or materials in any ways it chooses in an unrestricted basis.

 

Disclaimer

Asco team strives to provide with you with useful, accurate and timely information on this website. Accordingly, Asco has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of that information or materials.

Asco may change the content of any information or materials available at this website or to the products described in them, at any time without notice.

However, Asco makes no commitment to update the information or materials available at this website which, as a result, may be out of date.

Neither Asco, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (included but not limited to, actual, consequential or punitive), liability, claim, or any injury or causes related to or resulting from any information posted on Asco’s website.

Asco reserves the rights to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time for ensure compliance with the current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASCO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

IN NO EVENT SHALL ASCO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

 

Termination of use

Asco may, in its sole discretion, terminate or suspend your access to all or part of its website, for any reason, including without limitation, breach of this agreement.

In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

 

Governing law, jurisdiction and venue  

This agreement shall be governed by and construed in accordance with the laws of Hong Kong exclusive of its choice of law principles.

 

General provisions

If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.

This contains the entire agreement between you and Asco concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding Asco’s terms and conditions, please email: legal@ascolotus.com