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Terms of Use
Please read the following Terms and Conditions closely before using our Web site (the "Site"). By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE.
Miaocity may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Miaocity and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Chinese copyright law.
Corporate Identification and Trademarks
Miaocity.com and any and all other marks appearing on this Site are trademarks of Miaocity. You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Miaocity's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Miaocity prohibits the use of Trademarks as a "miaocity" link on, or to, any other Web site unless establishment of such a link is pre-approved by Miaocity in writing.
Use Restriction
This Site is intended for personal, noncommercial use. You may only use this Site to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand. You may not use robots or other automated means to access this Site, unless specifically permitted by Miaocity. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Miaocity s prior written consent is prohibited.
Email
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Miaocity programs. Also, please remember that you are responsible for whatever material you submit and that you, not Miaocity, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of Miaocity
By sending us a message, you agree to have it and your name posted for public viewing, both on the Site and in other Miaocity promotional and advertising materials without compensation.
Privacy
You confirm that you have read, understood and agree to the Miaocity Privacy policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Miaocity, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Miaocity Privacy Policy. If you are not a resident of the China, please note that the personal information you submit to the Site will be transferred to the Un and processed by Miaocity in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy). Miaocity makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. Miaocity will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Miaocity Privacy Policy because of a security breach or technical malfunction.
No Warranties
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Miaocity！INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES")！BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty and return of perishables.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Miaocity for making a Request.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of Miaocity. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Miaocity, and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party 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 except in writing or by making such amendments or modifications available on this Site. If any provision of this 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.
Governing Law
The China laws shall govern the performance of these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the courts located in Shanghai, China for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.
Section B
Travel Services
Travel Service Limitation of Liability
Miaocity is acting solely as an intermediary facilitating the booking of travel, golf products and services provided by airlines, hotels or other travel service providers (collectively, "Travel Suppliers") in providing travel services, or in accepting reservations or bookings for such services to be provided to you. Miaocity does not assume liability for any injury, damage, death, loss, accident or delay due to any fault, act of negligence, omission or default of a Travel Supplier, or by an act of God. Further, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or other causes. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority or entity other than Miaocity. The contract of carriage in use by a Travel Supplier, when issued, shall be between the Travel Supplier and the passenger.
Airline Ticket Restrictions
Airline tickets available through this Site are subject to the published conditions of carriage and rules of the applicable airline. The following restrictions will apply:
For Hammer a Deal Mode
1. All ticket bookings are final and cannot be cancelled, refunded, changed or transferred, even with a fee. Once you book a reservation, your credit card will be charged for the amount shown ！ regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings;
2. If you leave Miaocity to choose the airline for additional saving, the name of the airline carrier and flight times might not be shown until after payment has been made for the booking, and Flight times and routings are selected by Miaocity in advance and cannot be changed;
3. All tickets will be issued for economy class only unless specified;
4. Seat assignments will be made at the airport on the day of departure;
5. Tickets will not be booked by minors age 17 and younger. Tickets may be booked for minors age 17 and younger ！ however, they must be accompanied by an adult when traveling; and,
6. Pets are allowed on flights booked through Miaocitywire, pursuant to the airlines' availability and individual restrictions.
7. Only e-ticket is available in domestic flights within China region. For International flights out of China, in case the airline provide both e-ticket and paper ticket, E-ticket is supplied from Miaocity, if customer need the paper ticket, additional charge is applicable per the rules of the individual airline.
8. If Miaocity accepts your price, Miaocity will immediately charge your credit card the total cost indicated in the PO. All tickets purchased through Miaocity can not be cancelled, changed or transferred and refunds are not allowed. If your offer is not accepted, your credit card will not be charged.
9. All tickets are nontransferable.
10. Please provide your valid and accurate contact information. You are required to fill in your email address and contact number (mobile or landline). Bookings with invalid or inaccurate information will be deleted as invalid reservations.
11. Flight deals are limited offers that are not regularly available. All tickets are not guaranteed until the tickets are confirmed and issued.
12. Please provide your valid and accurate contact information. You are required to fill in your email address and contact number (mobile or landline). Bookings with invalid or inaccurate information will be deleted as invalid reservations.
13. Please provide the passenger's name and valid ID to guarantee successful check-in. Please ensure that the passenger name provided is the same as the one on the valid ID. Losses caused by inaccurate information are the sole responsibility of the passenger.
14. Please refrain from making multiple reservations with the same passenger name and departure time. Additional fees incurred by overlapping bookings are the sole responsibility of the passenger.
15. The policies for reroutes and refunds differ among airlines and classes. Penalties incurred by reroutes, transfers or refunds are the responsibility of the passenger.
16. For both electronic and paper tickets, passengers should arrive at the airport in time and check in with the tickets and valid IDs or passports. Check-in will stop 45 minutes before departure. Miaocity strongly advises passengers to arrive at the airport at least 90 minutes before departure. For international roundtrip tickets, passengers should contact the airlines to confirm the return flight 72 hours before take off.
17. Electronic tickets are not available for infants, pregnant women and other passengers with special needs due to the additional procedures required.
18. Please contact the airline for special service requests such as assistance for unaccompanied minors, infants, and the disabled. Airfares shown online do not include the special services required for the above passengers.
19. Flight deals are not available for infants and children due to standard discounted prices that apply.
20. Miaocity provides ticketing services only and is not responsible for flight cancellations or flight changes implemented by the airline companies.
21. Miaocity Domestic Flight Bookings: Our flight booking service is available between 08:00 am and 19:00 pm (GMT+8 hours) daily. Bookings made after 19:00 pm will be processed the next business day.
22. Miaocity International Flight Bookings: Our flight booking service is available between 09:00 am and 18:00 pm (GMT+8 hours) daily. Bookings made after 18:00 pm will be processed the next business day. All tickets booked less than 8 hours before departure will not be processed.
23. Please be reminded that the ticket and the original invoice are required for refund procedures. If the passenger is unable to come to the Miaocity office, the passenger's valid ID is required as proof of authorization. Refund penalties may be charged according to applicable airline regulations.
For Normal bookings:
1. All ticket bookings will be subject to the standard airline rules for published-fare tickets, including, without limitation, rules regarding frequent-flyer mile accrual, seat assignment, seat reaccommodation, itinerary changes, and eligibility for upgrades and standby flights;
2. Airlines may allow itinerary changes, subject to change fees and the payment of any applicable fare difference; Please refer to complete fare rules for information on changes and other restrictions.
3. All air travel must be booked as round-trip flights; no unscheduled stopovers or open-jaw travel are permitted. If you do not check in for one of the flights in your itinerary, the airline will cancel your remaining flights;
4. All tickets will be issued in economy class only;
5. Tickets may not be booked by minors age 17 and younger. Tickets may be booked by adults on behalf of minors, but minors must be accompanied by an adult when traveling;
6. Pets are allowed on flights pursuant to the airlines' availability and restrictions; and,
7. Only e-ticket is available in domestic flights within China region. For International flights out of China, in case the airline provide both e-ticket and paper ticket, E-ticket is supplied from Miaocity, if customer need the paper ticket, additional charge is applicable per the rules of the individual airline.
Hotel Reservation Restrictions
For Hammer a Deal Mode:
1. Hotel reservations available through this Site are subject to the published conditions of carriage and rules of the applicable hotel. The following restrictions will apply:
2. All bookings are final and cannot be changed;
3. The name and exact address of the hotel are not shown until after payment has been made for the booking;
4. Reservations cannot be cancelled, refunded, exchanged or transferred to other individuals. Once you book a reservation, your credit card will be charged for the amount shown ！ regardless of whether or not the reservation is used;
5. Room type will be determined based on the number of guests provided at time of booking. All rooms are booked as non-smoking (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available;
6. The maximum number of rooms that can be booked at one time is four. All hotel rooms will be booked under the same name and the guest under whose name the reservation is made must be present at check-in;
7. Bookings made through Miaocity might not be eligible for hotel reward or club programs;
8. Miaocity's minimum age requirement for checking into a hotel is 21;
9. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted; and,
10. Miaocity rates do not include special fees charged by hotels upon check-out (e.g., energy charges, convention fees, resort fees, parking fees). Customers will be required to pay these fees directly to the hotels at check-out time.
11. If Miaocity accepts your price, Miaocity will immediately charge your credit card the total cost of your stay. All room purchased through Miaocity can not be cancelled, changed or transferred and refunds are not allowed. If your offer is not accepted, your credit card will not be charged.
12. All rooms will be standard room to accommodate up to 2 adults. Requests for bed types (King, Queen, 2 Doubles, etc.) or other special needs (including preferences for smoking or non-smoking rooms) should be requested through your confirmed hotel and cannot be guaranteed.
13. Reservation is guaranteed for arrival on the confirmed check-in date only. If you do not check-in on the first day of your reservation and you do not alert the hotel in advance, the remaining portion of your reservation will be canceled and you will not be entitled to a refund.
14. Once you receive confirmation from miaocity, you have successfully booked the room/s at the hotel.
15. Please indicate your preferred contact method for your booking confirmation. You may choose to be contacted by phone,SMS,or email.
16. The asterisk (*) is the star rating of the hotel and is used for reference only.
17. The regular check-in time is 14:00 and the regular check-out time is 12:00 noon. If you need to check in earlier or extend your stay, the hotel may charge an extra fee.
18. If you do not indicate your arrival time, your room(s) will be held until 12:00 noon the next day.
If you decide to extend your stay at the hotel, please contact us for the notice of extension. Otherwise, you may not be able to avail of miaocity discounted rates.
For normal booking
1. Hotel reservations available through this Site are subject to the published conditions of carriage and rules of the applicable hotel. The following restrictions will apply:
2. Miaocity rates do not include special fees charged by hotels upon check-out (e.g., energy charges, convention fees, resort fees, parking fees). Customers will be required to pay these fees directly to the hotels at check-out time.
3. Miaocity's minimum age requirement for checking into a hotel is 21;
4. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
Golf Reservation Restrictions
For Hammer a Deal Mode:
Golf Booking Policy
Golf course reservations available through this Site are subject to the published conditions of carriage and rules of the applicable golf course. The following restrictions will apply:
1. All bookings are final and cannot be changed;
2. Once you confirm the payment, Miaocity would look for a golf course to match your offer. If Miaocity accepts your price, Miaocity will immediately charge your credit card for the amount shown. All the course purchased through Miaocity can not be cancelled, changed or transferred and refunds are not allowed regardless of whether or not the reservation is used;
3. If your offer is not accepted, your credit card will not be charged.
4. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
5. Miaocity rates do not include special fees charged by golf course upon check-out (e.g., drinks, club rental etc). Customers will be required to pay these fees directly to the courses at check-out time.
Payment
All prices and amounts shown on this Site are in Chinese Yuan (CNY), however, when you choose Paypal, you would be charged by USD at the current exchange rate specified in the instruction. If a User submits a Miaocity Request for airline tickets, hotel rooms or other services, the User agrees that all taxes, charges, surcharges, shipping/handling and Miaocity Request resubmission or other fees will automatically be charged to the credit card submitted by the User unless specifically stated. Such amounts will be posted on this Site.
You agree that your credit card will be charged for the full cost of your reservation upon submitting your booking request. The cost of your airline ticket booking is the total of: the indicated price per ticket which includes ticket fares, tax and standard surcharge if applicable. The cost of your hotel booking is the total of: the indicated room rate multiplied by the number of days in your reservation, plus an additional amount for the tax recovery charges. However in the place like Hannan etc, additional local government tax is not included.
For the Hammer a Deal Mode, Once you confirm the payment, Miaocity would look for the service to match your offer. 1. when you are paying pay credit card guarantee, If Miaocity accepts your price, Miaocity will immediately charge your credit card for the amount shown. All the service purchased through Miaocity can not be cancelled, changed or transferred and refunds are not allowed; If your offer is not accepted, your credit card will not be charged. 2.When you are using the Alipay and the direct pay of Chinapay, If your offer is not accepted, you would get the full refund within 24 hours.
All the ticket, hotel or golf course purchased through Miaocity can not be cancelled, changed or transferred and refunds are not allowed. If your offer is not accepted, your credit card will not be charged.
We are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to us and we remit such tax directly to the vendor. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the airline ticket, hotel, golf course etc. customer.
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