Last update May 2020
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.
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.
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.
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.
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.
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.
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: email@example.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