Terms and Conditions for Tiglion Booking System Car Rental Booking

Please read this user agreement and these terms and conditions carefully before using this service. Your use of this Service is expressly conditioned on your acceptance of the following terms and conditions. By using this Service, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this Service.

1.Ownership
   
This reservation and booking and informational service (the "SERVICE) is operated by Tiglion Travel Services Company Limited (the "Company") and its affiliates, and each of its modules, together with the arrangement and compilation of the content found on this Service, is the copyrighted property of the Company and/or its various third party providers and distributors. Portions of the content found on this Service is owned by third party providers and distributors and other information providers.

2.Use of Service
 
You may only use this Service to make legitimate reservations or purchases and shall not use this Service for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This Service and the content provided in this Service, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Company, and/or its third party providers and distributors. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Service, in any case without the prior written permission of the Company. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this Service to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service. You agree that you will not take any action or be involved otherwise that imposes a burden or load on our infrastructure that the Company deems in its sole discretion to be unreasonable or disproportionate to the benefits the Company obtains from your use of the Service. Unauthorized use of this Service and/or the materials contained on this Service may violate applicable copyright, trademark or other intellectual property laws or other laws. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Service.

3.Age and Responsibility
 
If you use this Service, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Service and to create binding legal obligations for any liability you may incur as a result of the use of this Service. You understand that you are legally and financially responsible for all uses of this Service by you and those using your login information. If you are not of sufficient legal age, you must not use this service.

4.Privacy
 
You have read the Privacy Policy of the Company, the terms of which are incorporated herein, and agree that the terms of such policies are reasonable. You consent to the use of your personal information by the Company and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy of the Company, as applicable.

5.Exclusion of Warranty
 
The company and any third party providers and distributors make no warranty of any kind regarding this service and/or any materials provided on this service, all of which are provided on an "as is" basis. The Company and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this service and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither the company nor any third party providers or distributors warrant that this service, its servers or any e-mail sent from tiglion.com, tiglion.net or travel.com.hk or any sources from the Company and affiliates are free of viruses or other harmful components.

6.Disclaimer of Warranties
 
You expressly understand and agree that:
Your use of the service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Company makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality matchness or integrity of any products, services, information, or any material, products services purchased or obtained by you through the service will meet your expectations, and (v) any errors in the hardware or software used by the service will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system(s) or loss of data in your computer system(s) that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from the Company or through or from the service shall create any warranty not expressly stated in the terms and conditions.

7. Limitation of Liability
 
(a) The company assume no responsibility, and shall not be liable for (i) any damages to, or (ii) viruses, (iii) that may infect your computer equipment or other property on account of your access to, use of, or browsing in this service or your downloading of any materials, data, text, images, video or audio from the service. In no event shall the Company or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings or costs incurred), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this service or content found herein, (ii) any fault, failure or delay (including, but not limited to the use of or inability to use any component of this service information for reservations or ticketing or other services), or (iii) the performance or non performance by the company or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party, or (iv) in any other way connected with any of the above described functions or features or uses of this service or its content.
  
(b) You expressly understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages or any costs associated with the above-mentioned loss or use of the service), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

8. Disclaimers and Limitation of Liability
 
(a) The Company does not and cannot warrant the use of the service will be uninterrupted, error free or virus free.
 
(b) The Company does not and cannot warrant the accuracy of information displayed on the Website, information, availability and/or quality of products and/or services provided by the car rental companies and their service vendors and providers.
 
(c) The Company, the Company's employees, car rental companies and their service vendors/providers assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect the Customer's computer equipment or other property on account of the Customer's use of the Service or access to this Website or the Customer's downloading of any materials, contents, data, text, images, video or audio from the Website, in no event shall the Company, the Company's employees, car rental companies and their service vendors/providers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (1) any use of the Service or this Website or content found herein, (2) any failure or delay (including, but not limited to the use of or inability to use the Service, any component of this Website) for reservation or booking of cars, travel products and services, or (3) the performance or non-performance by the Company, the Company's employees, car rental companies and their service vendors/providers, even if such party has been advised of the possibility of damages to such parties or any other party.

9. Indemnification
 
You shall defend and indemnify and hold the Company and any third party providers and distributors and their officers, directors, employees, staff, associates and agents against and harmless from any claim, cause of action or demand, including without limitation legal and accounting fees, brought by or on your behalf or by third parties as a result of your use of this Service.

10. Governing Law
 
This Agreement and its performance shall be governed by the laws of the Hong Kong Special Administration Region, People Republic of China (HKSAR, PRC), without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts of HKSAR, PRC, in all questions and controversies arising out of your use of this Service and this Agreement.

11. Attorney's Fees
 
If the Company or either of their affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

12. Injunctive Relief

You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to the Company as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

13. Termination

The Company, at its sole discretion, may terminate your password, account (or any part thereof), this User Agreement and these terms and conditions and/or the provision of any of the Service or use of the service at any time for any reason, including any improper use of this service or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which the Company or its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to the Company.

14. Assignment

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

15. Modification

The Company may at any time modify these terms and conditions without notification and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.

16. Additional Terms

Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of whole or portions of this Service without notification, and you agree to abide by such other terms and conditions in force at the time of your use.

17. Severability

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Headings

The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

19. Entire Agreement

This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between you and the Company relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified.

20. Your Registration Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

21. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including but not limited to, the product information, the price information, the reservation facilities and the reservation made through the Service.

22. Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

You agree not to (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is specifically provided by the Company for use in accessing the Service.

23. Terms and Conditions - Online Car Rental Booking - General

(a) Access to the Service is granted to those Customer from the special customer group pre-selected by the Company. All use of the Service by one with no valid and legal delegation from the Company or those with an expired grant of use are considered unauthorized access, which will be subject to legal and financial liabilities.

(b) The Company provides a booking platform for car rental companies and their respective service vendors/providers and the Company acts only as a booking agent for the car rental companies or their respective service vendors/providers for car rentals. The Company makes no warranty of any kind regarding products and services purchased, obtained, reserved through the service (including but not limited to car rental reservation). The Service, this Website and/or any car rental information, materials and contents provided on this Website, all of which are provided on as "As Is" basis. The Company does not warrant the accuracy, completeness, currency or reliability of any of the materials, contents or data provided through the Service or found on this Website. The Company expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

(c) The Customer and Member acknowledges that some of the materials and contents accessible through this Service is provided by third parties and the Company is not responsible for those third parties or the goods or services that the third parties offer. Customer's and Member's use of this Service and/or the Company's Website is expressly conditioned on the Customer's and Member's acceptance of All Terms and Conditions. By using the Service of the Company, the Customer or Member signifies the Customer's or Member's assent to and is bounded by All Terms and Conditions. If the Customer or Member does not agree with any of All Terms and Conditions, the Customer and Member must not use the Service of the Company and/or the Company's Website.

(d) Car rental companies impose different car rental rates, terms and conditions on the sale of specific car groups and travel products featured on this Website. The Customer and Member should carefully read all the terms and conditions, as well as important rules, specific to the car rental rates and car groups, and travel products before finalizing the car rental booking transactions.

(e) Words used in All Terms and Conditions importing the singular include the plural and vice versa and words importing one gender include all genders.

(f) The Company may change All Terms and Conditions from time to time without prior notification to the Customer and Member. By continuing using this Service, the Customer and Member implies agreement to the latest All Terms and Conditions. Continued use of the Service after such changes shall constitute the Customer's and Member's consent to such changes.

(g) The Company may, at any time and at its sole discretion and without cause or notice, terminate or restrict any Customer's or Member's access to this Service or the Company's Website or refuse to give effect to any booking or reservation requested by any Customer or Member without being required to give any reasons or advance notice.

(h) If the Customer or Member has any questions about All Terms and Conditions, please contact the Company for clarification.

24. Car Rental Information

(a) The Service provides the car group information such as rental location, descriptions, photos, pictures, grading/classification, amenities, facilities, car types and car rental rates, including but not limited to promotional rates, etc. to the Customer and Member for reference purpose only. All car groups and rates offered for booking and/or sales are subject to availability, acceptance, confirmation, denial, cancellation and/or postponement of such car groups and car rental rates solely at the discretion of the car rental companies or their respective service vendors and providers.

(b) Car groups and rates displayed in Car Rental Finder or anywhere on the Website or anywhere found in the Service or when booking online/offline do not include taxes or any other service charges imposed by the car rental companies and are subject to car rental companies or their respective service vendor/provider availability and final acceptance. The online booking Request Form constitutes a booking request only and the Company does not guarantee availability, or prices. Car rental availability, car rental rates and car rental company stipulated rules and conditions can change at any time without prior notice to the Customer or Member. Car rental availability, car rental rates and car rental company stipulated rules and conditions can also change at any time even after the Customer and Member has completed the car rental booking and/or the request to purchase without notice to the Customer and Member.

(c) Bookings made through the Service only constitute a request to purchase, and the correctness of this request in regard to abiding by the rules of the car rental rates as stated is the responsibility of the Customer or Member. Car rental companies and their respective service vendor/provider may change their availability, conditions and prices, etc, without notice even after the Customer has completed the booking and/or the request to purchase.

25. Booking Request

(a) The Customer or Member must be responsible for the truthfulness and accuracy of the information provided for the car rental guests when making a car rental booking request through the Service. The Company is not responsible for any untrue and inaccurate information provided by the Customer or Member. The Customer or Member must rectify any untrue and incorrect information of the car rental booking request and be liable to damages arising from the inability of rectification of such untrue , incomplete or incorrect information.

(b) In making a car rental booking for the Customer or Member through the Service, the Company will be acting as agent of the car rental companies and their respective service vendor/provider concerned. The Company accordingly accepts no responsibility or liability for any misunderstanding or error, whatsoever and howsoever caused, in respect of any booking made through the Service. The onus rests on the Customer or Member to read and understand the car rental rate and car rental booking rules and ensure your booking abides by these rules, to carefully check and correct any mistakes in the Customer's or Member's booking request and in any confirmation thereof received from the car rental company or their respective service vendor/provider via the Company.

(c) The Company merely acts as an agent for the rental of cars and cannot be held responsible for overbooking, misinformation or mishandling of booking by the car rental companies or their respective service vendors/providers, and/or any other dissatisfaction or complaint of the Customer or Member to the quality , features, etc, of the car rental services and/or services provided by the car rental companies or their respective service vendors/providers or otherwise howsoever. In the event of overbooking, misinformation or mishandling by the car rental companies or their respective service vendors/providers, or any other dissatisfaction or complaint aforesaid, the Customer or Member should take up the matter directly with the car rental companies or their respective service vendors/providers.

26. Booking Acknowledgement and Confirmation

(a) For each reservation, whether or not being reported by the Service as successful and regardless of whether the reservation bears a confirmation number, are regarded as a "request" only. Such a reservation is subject to further confirmation by the car rental company or third party providers. The Company is not held responsible for confirming the car rental reservation with the Customer or Member for whatever reasons. The Customer or Member should contact the car rental company directly if in any doubt, e.g. availability, car rental rates, etc. The Customer or Member agrees to indemnify the Company in case the reservation is being dishonored or cancelled by the Company, car rental company, vendor, or any third party providers.

(b) The Customer or Member agrees that it is the responsibility of the Customer or Member to keep record of the booking reservation they made and all related information and should present them when communicating with the Company, the car rental company or their respective service vendors/providers.

27. Booking Changes and Cancellation

(a) The Customer or Member acknowledges and agrees that, once a reservation is made, no change or cancellation is allowed except under special circumstance and at the sole discretion of the Company, regardless to the change information or cancellation information or any corresponding information presented through the Service or whatsoever means.

(b) The Customer or Member hereby acknowledges and agrees to forfeit the right to recover any charges to the Customer's or Member's credit card and whatsoever means incurred as guarantee or deposit to the reservation.

(c) In case the Company agrees, at its own liberty and sole discretion, to change or cancel reservation/booking made by or for the Customer or the Member, the Customer or Member agrees to pay all extra charges imposed by the Company.

(d) The Customer or Member acknowledges and agrees that the eligibility and procedures and subject conditions needed for a change or cancellation of reservation or booking may or may not be in accordance with the corresponding information presented through the Service during the time of the reservation and booking.

(e) The Customer or Member agrees to conform to and be bound by any car rental rate details and rules as presented by the Service notwithstanding other part of this agreement pertaining to the reservation made.

28. Rates and Currency

(a) The car rental rates quoted by the car rental companies may be in local currency or sometimes in other currencies, such as United States Dollars. However, the Customer or Member will or may be charged and pay the car rental company in local currency or other currency (e.g. US dollar). The Customer or Member agrees to be responsible for all effects of currency exchange rate fluctuations. Currency exchange rates fluctuates at the Customer's or Member's own expense.

29. Payment

(a) With online car rental booking, payment will normally be paid by the Customer or Member to the car rental company directly at the time of return of the car to the car rental company. The Customer or Member agrees to pay all charges charged by the car rental company, including but not limited to fluctuations, any extra charges, taxes, etc.

30. Travel Requirements

(a) It is the Customer's or Member's responsibility to comply with the travel requirements for travel documents, visas, health, tickets for onward or return journey, provision of sufficient funds, etc. for entering into or making a transit via a country.

(b) If the Customer or Member fails to comply with any of the travel requirements, the Company will not be held responsible or liable to any loss, without limitations to, direct or indirect losses, financial or non-financial losses, etc. incurred by the Customer or Member or any other third parties. This is the full responsibility of the Customer or Member.

31. Cancellation of Booking

(a) As a general case, all bookings for car rental service made through this Service (Tiglion online car rental booking system) may not be cancelled after the Customer or Member has effected completing reservation for car rental service through this booking system. Please also refer to the preceeding clause 27 (Booking Changes and Cancellation) for reference.

(b) The Customer or Member hereby agrees and acknowledges that any request for cancellation of booking in respect of car rental service made through Tiglion online car rental booking system must be made to the respective car rental company by the Customer or Member directly in accordance with the rules and terms laid down at the cancellation policy of the car rental company concerned as a general rule.