AGREEMENT BETWEEN CUSTOMER AND RAINBOE TOURS LTD.

This Website ("Website") is owned and operated by RAINBOW TOURS. Ltd., a Taiwan private company. This Website is provided solely to assist customers in Hotels information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms we, us, and our refer to RAINBOW TOURS Ltd. The term you refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents. This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read the Terms of Use carefully. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents. RAINBOW TOURS may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age and are of sound mind,
  2. you possess the legal authority to create a binding legal obligation,
  3. you will use this Website in accordance with the Terms of Use,
  4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
  5. you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,
  6. all information supplied by you on this Website is true, accurate, current and complete, and
  7. if you have an online account with this Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), 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 travel itinerary (and related documents) for travel or service reservations booked through this Website, 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 Website. Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization. If your booking or account shows signs of fraud, abuse, or suspicious activity, RAINBOW TOURS may cancel any travel or service reservations associated with your name, email address, or account, and close any associated RAINBOW TOURS accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, RAINBOW TOURS reserves the right to take any necessary legal action and you may be liable for monetary losses to RAINBOW TOURS, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact RAINBOW TOURS Customer Service.

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions of third party suppliers will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. Please ensure you read the full terms and conditions issued by the Supplier which can be found on the Supplier's website. To minimize the impact to your travel plans, you are advised to purchase travel insurance to cover travel disruption. You agree to abide by the terms and conditions of purchase imposed by any third party supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Some hotel suppliers may require you to present a credit card or cash deposit upon check-into cover additional expenses during your stay. Such deposit is unrelated to any payment received by us for your hotel booking.

You acknowledge that some third-party suppliers 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 travel product 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.

PRIVACY POLICY

RAINBOW TOURS believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, and is incorporated by reference, to understand our practices: Privacy Policy.

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PREPAID HOTEL RESERVATIONS

You acknowledge that the RAINBOW TOURS Companies pre-negotiate certain room rates with hotel suppliers. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf through RAINBOW TOURS and compensation retained by RAINBOW TOURS for its services. You authorize RAINBOW TOURS to book reservations for the total reservation price, which includes the room rate displayed on this Website, plus tax recovery charges, taxes (where applicable), and service fees. You agree that your debit or credit card will be charged by RAINBOW TOURS Companies doing business as RAINBOW TOURS for the total reservation price. Upon submitting your reservation request you authorize the RAINBOW TOURS to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that the RAINBOW TOURS pay to the hotel in connection with your bookings. The hotels charge the RAINBOW TOURS Companies for certain charges, including such tax amounts. The hotels are responsible for remitting these amounts to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by location. The actual amounts paid by the RAINBOW TOURS to the hotels in connection with taxes may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of your actual use of the hotel. In certain jurisdictions, VAT, GST or other similar taxes may be imposed on the booking price or the compensation RAINBOW TOURS retains for its services. The actual tax amounts on our services, if any, may vary depending on the rates in effect at the time of your hotel stay. We may retain service fees as additional compensation in servicing your travel reservation. Service fees retained by RAINBOW TOURS for its services vary based on the amount and type of hotel reservation.

You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the Terms of Use imposed with respect to your prepaid hotel reservations. You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact RAINBOW TOURS's group travel specialists by phone at +886-2-2777-5875 or by E-mail:georgehung@jtb.tv. One of our group specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.

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TRAVEL DESTINATIONS

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations. Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information in good time before booking and departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country, including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport.

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the RAINBOW TOURS and RAINBOW TOURS Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, RAINBOW TOURS expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Hotel ratings displayed on this Website are intended as only general guidelines, and the RAINBOW TOURS and RAINBOW TOURS Partners do not guarantee the accuracy of the ratings. The RAINBOW TOURS, the RAINBOW TOURS Partners and their respective suppliers make no guarantees about the availability of specific products and services. The RAINBOW TOURS, the RAINBOW TOURS Partners and their respective suppliers may make improvements and/or changes on the Website at any time.

The RAINBOW TOURS, the RAINBOW TOURS Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the RAINBOW TOURS or the RAINBOW TOURS Partners. All such information, software products, and services are provided "as is" without warranty of any kind. The RAINBOW TOURS, the RAINBOW TOURS Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the RAINBOW TOURS, the RAINBOW TOURS Partners and/or their respective suppliers are free of viruses or other harmful components. The RAINBOW TOURS, the RAINBOW TOURS Partners and their respective suppliers hereby disclaim all warranties and conditions, whether express or implied, with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title and non-infringement, including that this Website shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.

he carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the RAINBOW TOURS or the RAINBOW TOURS Partners. The RAINBOW TOURS and the RAINBOW TOURS Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. RAINBOW TOURS are not liable for any costs, expenses, claims or damages arising out of any services to recover any of the foregoing, including without limitation relocation costs. Without limiting the foregoing, the RAINBOW TOURS and the RAINBOW TOURS Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

In no event shall the RAINBOW TOURS Companies, the RAINBOW TOURS Partners 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 Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the RAINBOW TOURS, the RAINBOW TOURS Partners and/or their respective suppliers have been advised of the possibility of such damages.

f, despite the limitation above, the RAINBOW TOURS, the RAINBOW TOURS Partners 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 liability of the RAINBOW TOURS Companies, the RAINBOW TOURS Partners and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to the RAINBOW TOURS in connection with such transaction(s) on this Website, or (b) One-Hundred United States dollars (US$100.00) or the equivalent in local currency.

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 of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the RAINBOW TOURS, the RAINBOW TOURS Partners, and/or their respective suppliers.

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INDEMNIFICATION

You agree to defend and indemnify the RAINBOW TOURS, the RAINBOW TOURS Partners, 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:

1. your breach of these Terms of Use or the documents referenced herein;

2. your violation of any law or the rights of a third party; or

2. your violation of any law or the rights of a third party; or

PAYMENT AND FEES

The reservation should be paid in 24hrs otherwise it will be canceled by system automatically.

In the event that your payment is taken at the time of booking, the company taking that payment and charging your payment card will be: (1) Travel Partner Exchange S.L., Calle Villalba Hervas 9, Planta 8, 38002 Santa Cruz de Tenerife, Canary Islands, Spain, Travelscape LLC, 10190 Covington Cross Drive, #300, Las Vegas, Nevada 89144-7044 USA, or another member of the RAINBOW TOURS Companies doing business as RAINBOW TOURS Travel and taking such payment on behalf of the travel service provider, or (2) the travel service provider directly. Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

REDEEMING POINTS: There is no fee to redeem your points on this Website. Points may only be redeemed for eligible purchases of travel-related goods and services that RAINBOW TOURS will determine in its discretion. Your Points Program provider will deduct from your Account balance the amount of points you elect to use toward your eligible purchase. You may not combine points from one Points Program provider with any other loyalty points from another provider to complete a single transaction. However, if you do not have enough points to complete an eligible purchase, you may use an eligible credit card associated with your Account to complete the transaction. Eligible cards for such transactions may be limited to cards associated with the Points Program used in the transaction. RAINBOW TOURS may, in its discretion, allow you to combine points with eligible coupons.

ADDITIONAL TERMS: Purchases made with points are subject to the point to dollar conversion rate set by the Points Program provider. The Points Program provider has the right to change the point to dollar conversion rates at any time. Also, some Points Program providers may set a minimum amount of points that may be redeemed in any transaction. Additional terms and conditions may apply and are available at the applicable Points Program provider’s website.

GENERAL

Your use of mapping available on this Website is governed by the Google Terms of Use and Microsoft Terms of Use and Google Privacy Statement and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx

http://www.microsoft.com/maps/assets/docs/terms.aspx

http://www.google.com/privacy/privacy-policy.html

http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html

http://www.maps.google.com/help/legalnotices_maps.html

http://maps.google.com/help/terms_maps.html

This Agreement is governed by the laws of Taiwan. You hereby consent to the exclusive jurisdiction and venue of courts in Taiwan, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the RAINBOW TOURS as a result of the Agreement or use of this Website. Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

The Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and RAINBOW TOURS with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

You may not assign, convey, or delegate your rights, duties or obligations hereunder.

Other than the customer and RAINBOW TOURS, no other person has any rights under the Contracts (Rights of Third Parties) Act to enforce any term of the Agreement, however, the RAINBOW TOURS Companies and RAINBOW TOURS Partners shall be entitled to enforce the disclaimers and limitations of liability set out in the Agreement. Any rights not expressly granted herein are reserved.