Confirmation and Acceptance of the Service Agreement
Ctrip.com is operated by Ctrip Travel Information
Technology(Shanghai)Co., Ltd., and any specific products or services
involved will be provided by qualified service providers.
If a user (the “User” or “you”) visits, books or uses Ctrip’s
products or services (hereinafter collectively referred to as
“Services”) on this website, websites of Ctrip’s affiliated
companies or other mobile applications or software provided by
Ctrip (hereinafter referred to as “Ctrip.com”), the User is deemed
to have accepted the following disclaimers (hereinafter referred
to as the “Service Agreement” or “this Agreement”). Please read
the following carefully, especially the bold part. If you do not
agree to any of the following, please immediately stop
visiting/using the relevant services provided by this website or
any other mobile applications or software.
1. General
The content of this Agreement includes the text of this Agreement,
individual service agreements of Ctrip.com’s sub-channels, and other
various rules that Ctrip.com has published or may publish in the
future, including but not limited to disclaimers, privacy policies,
product booking instructions, travel contracts, account agreements
and other agreements (“Other Terms”). If there is any inconsistency
between this Agreement and Other Terms, Other Terms shall prevail.
Unless otherwise expressly stated, any Services provided by
Ctrip.com are bound by this Agreement.
If you log in the Ctrip.com’s platform, visit the Ctrip.com’s
website or use the Ctrip.com’s services as a user of a Ctrip.com’s
affiliated company or partner company, you are deemed to have
accepted all the terms of this Agreement and other rules,
instructions and operation guidelines published by Ctrip.com.
2. Service Introduction
Ctrip Travel Information Technology (Shanghai) Co., Ltd. uses its
own operating system to provide the User with Crip.com Membership
Service through the Internet. The User shall:
(1) Provide devices, including a personal computer, a modem and
Internet access device equipped.
(2) Make personal visit to the Internet and pay telephone charges
related to the Services.
Considering the importance of Ctrip.com Membership Service, the User
agrees to:
(1) Provide timely, detailed and accurate personal information.
(2) Constantly update the registration information to meet the
requirement of providing timely, detailed and accurate personal
information. All originally typed input will be cited as
registration information.
In addition, the User can authorize Ctrip Travel Information
Technology (Shanghai) Co., Ltd. to disclose the User’s basic
information to third parties, but Ctrip Travel Information
Technology (Shanghai) Co., Ltd. shall not disclose the User’s
supplementary information, unless:
(1) The User requests Ctrip Travel Information Technology (Shanghai)
Co., Ltd. or authorizes someone to disclose the information through
the email service.
(2) Applicable laws and procedures require Ctrip Travel Information
Technology (Shanghai) Co., Ltd. to provide the User’s personal data.
If the information provided by the User is inaccurate, Ctrip Travel
Information Technology (Shanghai) Co., Ltd. reserves the right to
terminate the User’s use of Ctrip.com Membership Service.
While enjoying Ctrip.com Membership Service, the User agree to
accept various information services provided by Ctrip.com Membership
Service,
including but not limited to EDM, SMS, Ctrip App information
push, PC advertising and other services and marketing
information.
3. Modification of the Terms of Services
Ctrip.com will modify the terms of Services when necessary, such as
formulating and modifying this Agreement and/or various rules to
provide the User with internet-based and mobile network-related
services, which shall be published in advance on this page and other
relevant pages, and the User should regularly log in to this page
and other relevant pages to understand the latest content of this
Agreement. The modified version of this Agreement and rules will
automatically take effect seven (7) days after they are published on
this page and other relevant pages.If you do not agree to the relevant modifications, you should
immediately stop visiting Ctrip.com or using Ctrip’s Services, and
if the User continues to use Ctrip.com’s Services seven (7) days
after the modification of this Agreement and the rules, it means
that you have accepted the modified version of this Agreement and
the rules.
4. Service Change, Interruption, Termination
You fully understand and agree that the Services involves
Internet service, mobile communications service, etc., which may
be affected by unstable factors in each link. Therefore, any risk
of service interruption, cancellation or termination due to force
majeure, computer virus or hacker attack, system instability, user
location, user’s device shutdown, GSM network, Internet,
communication lines and other reasons that cannot be predicted or
controlled by Ctrip.com, Ctrip.com will not be liable for any loss
caused to you.
Ctrip.com needs to repair or maintain the platform or related
device that provides network services on a regular or irregular
basis. If such a situation causes network services (including paid
network services) to be interrupted within a reasonable time,
Ctrip.com does not need to assume any responsibility for this, but
Ctrip.com shall give advance notice as much as possible.
You fully understand and agree that, except as otherwise provided
in this Service Agreement, in view of the particularity of network
services, Ctrip.com may change, interrupt or terminate some or all
of its network services. Ctrip.com does not need to assume any
responsibility for this, but Ctrip.com shall notify you in advance
as much as possible and you should be given as much time as
possible to deal with your rights and interests.
5. Rules of Use
When using Ctrip.com Services, the User must abide by the relevant
laws and regulations of the People’s Republic of China, and the User
should agree that he/she will not use the Services to conduct any
illegal or improper activities, including but not limited to the
following acts:
Uploading, displaying, posting, disseminating or otherwise
transmitting information that contains one of the
following:
(1) Opposing to the basic principles established by the
Constitution;
(2) Endangering national security, divulging state secrets,
subverting state power, and undermining national unity;
(3) Damaging national honor and interests;
(4) Inciting ethnic hatred, ethnic discrimination, or undermining
ethnic unity;
(5) Undermining the state’s religious policy and promoting cults and
feudal superstitions;
(6) Spreading rumors, disturbing social order, and undermining
social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder,
terror or instigating crimes;
(8) Insulting or slandering others and infringing on the legal
rights of others;
(9) Containing false, harmful, coercive, infringing on the privacy
of others, harassing, infringing, defamatory, vulgar, obscene, or
other morally objectionable content;
(10) Containing other content restricted or prohibited by Chinese
laws, regulations, rules, ordinances and any norm with legal effect.
Using the network service system for any illegal purpose. Using
Ctrip’s network services to engage in the following
activities:
(1) Entering computer information networks or using computer
information network resources without permission; deleting,
modifying or adding computer information network functions without
permission; deletion, modification or addition of data and
application programs stored, processed or transmitted in the
computer information networks; intentional creation and
dissemination of destructive programs such as computer viruses;
other acts that endanger the security of computer information
networks.
(2) Commercial use of any data on the Ctrip.com, including but not
limited to using the materials displayed on the Ctrip.com by any
means such as copying, dissemination, etc. without the prior written
consent of Ctrip.com.
(3) Use any device, software or routine program to interfere or
attempt to interfere with the normal operation of the Ctrip.com or
any transactions or activities being conducted on the Ctrip.com, or
take any action that will result in an unreasonably large data load
on Ctrip network devices.
(4) Acts of unfair competition that violate the principle of good
faith, or maliciously placing orders or false transactions, and
other acts that maliciously disrupt the order of Ctrip’s
transactions
(5) Other behaviors unrelated to online transactions.
6. Copyright
Any member’s acceptance of the terms of this Agreement means that
the copyright of the User of any form of information published on
this site has been exclusively transferred to the operator of
Ctrip.com without compensation, including but not limited to:
reproduction rights, distribution rights, rental rights, exhibition
rights, performance rights, screening rights, broadcasting rights,
information network dissemination rights, filming rights, adaptation
rights, translation rights, compilation rights, and other
transferable rights that should be enjoyed by the copyright owner,,
and at the same time, it indicates that the member allows Ctrip.com
to have the right to file a separate lawsuit against any subject
infringement and obtains full compensation.
This Agreement has constituted a written agreement stipulated in
Article 25 of the Copyright Law of the People’s Republic of China,
and its effect shall apply to any content of works protected by
copyright law published by the User on Ctrip.com, regardless of
whether the content is formed before the signing of this Agreement
or not. Members agree to and clearly understand the above terms, and
do not publish in any form or authorize other websites or media
(except websites of Ctrip’s affiliated companies’) to use the
information published on this site. At the same time, Ctrip.com
reserves the right to delete all kinds of non-compliant information
on the site without notifying members.
Ctrip Travel Information Technology (Shanghai) Co., Ltd. is the
operator of Ctrip.com. It owns the copyright of the content and
resources of this website, which is protected by national
intellectual property rights. It has the right to interpret and
modify the statement on this website; Without the express written
permission of Ctrip Travel Information Technology (Shanghai) Co.,
Ltd., no unit or individual may copy, reprint or quote any text
wholly or partly in any way. Otherwise, the company will pursue your
legal liability.
All information on the website of Ctrip.com is protected by the
Copyright Law of the People’s Republic of China, its relevant laws
and regulations, and all international treaties on intellectual
property rights that China has joined. We have formulated relevant
measures and steps to protect the legitimate rights and interests of
intellectual property rights holders. When the copyright holder
and/or the right holder who can legally exercise the right of
information network dissemination (hereinafter referred to as the
"right holder") discovers that there may be violations of their
information network dissemination right, the right holder shall
issue a prior written notice of rights to this site and provide a
valid ownership certificate. This site will take measures to delete
corresponding content in accordance with relevant laws and
regulations. At the same time, if the User logs in to Ctrip.com and
submits and publishes relevant comments, articles or other
information on Ctrip.com, Ctrip.com enjoys the copyright, and
Ctrip.com has the right to use the information published by the User
on Ctrip.com on this website and websites of Ctrip’s affiliated
companies’ (including but not limited to pictures, travel notes,
etc.), but if the information published by the User on Ctrip.com is
to be reproduced by other browsers, it needs the permission of this
website and the User, otherwise it will be regarded as an
infringement. And any other third party shall not copy, reproduce or
adopt in any form without the permission of ctrip.com. This website
is not responsible for any and all claims, damages, etc. caused by
the violation of this legal statement by the User or other third
parties.
Ctrip.com does not guarantee the accuracy and completeness of the
external links set up for the convenience of the User. If there are
copyright issues or other issues arising therefrom, please call or
email this website. It will be deleted or changed immediately after
verification.
7. User Privacy Policy
Respecting the privacy of the User is a basic policy of Ctrip Travel
Information Technology (Shanghai) Co., Ltd. Therefore, as a
supplement to the analysis of the personal registration information
in the second point above, Ctrip Travel Information Technology
(Shanghai) Co., Ltd. will not public, edit or disclose the User’s
supplementary information and the non-public content stored in the
Ctrip.com Membership Service, unless there is a legal permission
requirement or Ctrip Travel Information Technology (Shanghai) Co.,
Ltd. believes that disclosure of these information is necessary on
the basis of good faith in the following three situations:
(1) Comply with relevant laws and regulations and follow the lawful
service procedures of Ctrip.com members.
(2) Maintain and protect Ctrip’s trademark ownership.
(3) In an emergency, we will try our best to protect the privacy
security of the Users and the general public.
(4) Meet other relevant requirements.
Special authorization
You fully understand and irrevocably grant Ctrip, its affiliated
companies and business partners the following rights free:
(1) Ctrip’s affiliated companies or business partners allow you
to log in to affiliated companies’ systems or business partners’
systems and use their services. Any behavior of you in affiliated
companies’ systems or business partners’ systems must comply with
the stipulations of these agreements, published rules and
instructions and operation guide for the proper use of the
services. In order to realize the above functions, you agree that
Ctrip will synchronize your registration information,
transaction/payment data and other information and data on
Ctrip.com to the system of Ctrip’s affiliated companies or
business partners, and allow them to use.
(2) If you log in to Ctrip with Ctrip’s affiliated company’s or
business partner’s User account and password, in order to provide
you with the same service function, you agree that Ctrip will
synchronize your registration information, transaction/payment
data and other information and data in the system of Ctrip’s
affiliated companies or business partners to Ctrip.com, and allow
Ctrip to use, and you will not hold Ctrip, its affiliated
companies or business partners responsible for this.
(3) To ensure transaction security, allow Ctrip and its
affiliated companies and business partners to conduct data
analysis on your information, and allow Ctrip, its affiliated
companies and business partners to make commercial use of the
above analysis results.
(4) Your relevant information would be resourced from affiliated
companies and business partners by Ctrip. For example, when you
make a reservation through the websites of Ctrip’s affiliated
companies and business partners, the reservation information you
provide to them may be transferred to Ctrip for Ctrip to process
your order and ensure your smooth booking. For another example,
Ctrip allows you to log in by linking your social media account
with your Ctrip account, with your consent (you authorize the
social platform).
(5) While enjoying the Services provided by Ctrip, you authorize
and agree to accept Ctrip to send commercial information to your
email, mobile phone, mailing address, etc., including but not
limited to the latest Ctrip product information, promotional
information, etc. If you choose not to accept various information
services provided by Ctrip, you may refuse such information
services according to the corresponding settings provided by
Ctrip.
8. User’s account, password and security
Once you have successfully registered as the User, you will get a
password and an account number. If you do not keep your account and
password safe, you will be fully responsible for it. Additionally,
each user is solely responsible for all activities and events in
his/her account. You can change your password and icon at any time,
or close an old account and open a new one. If you find any illegal
use of your account or security loopholes, immediately notify Ctrip
Travel Information Technology (Shanghai) Co., Ltd.
Please keep your password properly, and do not tell others about
your password. You are responsible for all losses caused by poor
password keeping. You are legally entitled and liable for the
activities, actions and events conducted through your account, and
you may not transfer the account in any form, authorize others to
use your account, and trade your account with others. In view of
the particularity of network services, Ctrip is not obliged to
verify whether you are using this group of user name and password
by yourself, but only to verify whether the user name and password
are consistent with those stored in the database. You can log in
and use various services provided by Ctrip with the user name and
password of this group, so even if you think that you are not the
person who logged in to your account, Ctrip will not bear any
responsibility for it.
9. Refusal to Provide Guarantee
The User expressly agrees that the use of the mail service is at
his/her own risk. Ctrip Travel Information Technology (Shanghai)
Co., Ltd. expressly disclaims any kind of guarantee, whether express
or implied, but it does not limit the commercially-implied guarantee
and the proper guarantee of specific purpose and non- violation.
Ctrip Travel Information Technology (Shanghai) Co., Ltd. does not
guarantee that the Services will meet the requirements of the User,
nor does it guarantee that the Services will not be interrupted, nor
does it guarantee the timeliness, security, or error of the
Services. Ctrip Travel Information Technology (Shanghai) Co., Ltd.
refuses to provide any guarantee, including whether the information
is delivered accurately, timely and smooth. The User understands and
accepts that any information (downloaded or obtained via Ctrip.com
Membership Service) is up to the User and the User bears all risks
and responsibilities for system damage or data loss. The User does
not receive oral or written opinions or information from Ctrip
Travel Information Technology (Shanghai) Co., Ltd., nor does Ctrip
expressly guarantee here.
10. Limited Liability
Ctrip Travel Information Technology (Shanghai) Co., Ltd. is not
responsible for any direct, indirect, incidental, special and
consequential damages arising from improper use of online membership
services, illegal use of services or changes in information
transmitted by users. These damages will damage the image of Ctrip
Travel Information Technology (Shanghai) Co., Ltd., so Ctrip Travel
Information Technology (Shanghai) Co., Ltd. has already raised the
possibility of such damage.
11. Storage and Restrictions Of Ctrip Membership Service
Information
Ctrip Travel Information Technology (Shanghai) Co., Ltd. is not
responsible for the deletion or failure to store the information
posted by the User. Ctrip Travel Information Technology (Shanghai)
Co., Ltd. does not have an upper limit on the amount of information
transmission, but it reserves the right to determine whether the
User’s behavior conforms to the requirements and spirit of the
Ctrip.com Membership Terms of Service. If the User violates the
terms of service, then his/her account of network Membership Service
is interrupted. The copyright of all articles on this website is
jointly owned by the original author and Ctrip Travel Information
Technology (Shanghai) Co., Ltd. Anyone who needs to reprint the
articles on this website must obtain the authorization of the
original author or Ctrip Travel Information Technology (Shanghai)
Co., Ltd.
12. User Management
The User is solely responsible for the posting content. The User’s
use of the service is in accordance with all local, national and
international legal standards applicable to the website’s services.
The User must follow:
(1) When publishing information, the User must comply with relevant
Chinese laws and regulations.
(2) The use of online membership service is not for illegal
purposes.
(3) Do not interfere or confuse network services.
(4) Comply with all network protocols, regulations and procedures
for using network membership service.
Network membership service is to use the Internet to send and
receive information. Therefore, the User’s behavioral guidelines are
based on national regulations, policies and procedures related to
the Internet. The User must promise not to transmit any illegal,
harassing, slanderous, abusive, threatening, harmful, vulgar,
obscene and other information materials. In addition, the User
cannot transmit any information that instigates others to constitute
a criminal act; cannot transmit information that contributes to
unfavorable domestic conditions and involves national security;
cannot transmit any information that does not comply with local
regulations, national laws and international laws. Unauthorized
visit to other computer systems is prohibited. If the User’s
behavior does not comply with the above-mentioned terms of service,
Ctrip Travel Information Technology (Shanghai) Co., Ltd. will make
an independent judgment to immediately cancel the User’s service
account. The User shall bear legal responsibility for their behavior
in the network membership service. If the User spreads and
disseminates reactionary, pornographic or other information that
violates national laws in the network membership service, the system
records of the network membership service may be used as evidence
that the User has violated the law.
13. The User’s Liabilities for Breach of Contract
Ctrip.com can determine whether the User’s action constitutes a
breach of contract based on his/her data; the User is obliged to
provide sufficient evidence and reasonable explanation for the
abnormal data, otherwise it will be deemed a breach of contract.
If the User violates the relevant laws and regulations or this
Agreement when using Ctrip.com Services, the User is deemed to be in
breach of contract.
Actions for breach of contract:
(1) If the information published by the User on the Ctrip.com
platform constitutes a violation of this Agreement or is suspected
of violating the law or suspected of infringing the legal rights of
a third party,
Ctrip.com can immediately take measures to delete the
corresponding information in accordance with the corresponding
rules.
((2) For the actions performed by the User on the Ctrip.com
platform, Ctrip.commay deduct points from the User’s account, restrict User’s
participation in marketing activities, suspend the provision of
some or all services to the User, cancel the order, deduct
liquidated damages, etc. according to the corresponding rules. If
the User’s behavior constitutes a fundamental breach of contract,
Ctrip.com may freeze the User’s account and terminate the services
to the User.
Compensation liabilities:
If the User’s behavior causes Ctrip.com and/or its affiliated
companies to suffer losses (including direct economic losses and
indirect economic losses), or is claimed by any third party, or
punished by the relevant administrative department, the User shall
compensate all losses of Ctrip.com and/or its affiliated
companies, including but not limited to attorney fees, litigation
fees, etc.
14. Guarantee
The User agrees to protect and maintain the interests of all members
of Ctrip Travel Information Technology (Shanghai) Co., Ltd., and is
responsible for paying the lawyer’s fees caused by the User’s use
beyond the scope of the Services, the compensation for damages in
violation of the terms of service, and the recourse fees for use of
the User’s computer, account and other intellectual property rights
by others.
15. End of Services
Ctrip Travel Information Technology (Shanghai) Co., Ltd. may suspend
the website service at any time according to the actual situation.
Ctrip Travel Information Technology (Shanghai) Co., Ltd. may
interrupt service at any time without being responsible for any
individual or third party. If the User objects to any suggestions on
the terms of service or has any objection to the subsequent
modification of the terms, or is dissatisfied with the Ctrip.com
Membership Service, the User has only the following recourses:
(1) No longer use Ctrip.com Membership Service.
(2) Terminate the User’s qualification to use Ctrip.com Membership
Service.
(3) Notify Ctrip Travel Information Technology (Shanghai) Co., Ltd.
to stop the service to the User. After the end of the user service,
the User’s right to use the Ctrip.com Membership Service is
immediately terminated. From then on, Ctrip Travel Information
Technology (Shanghai) Co., Ltd. no longer assumes any obligations to
the User.
16. Notice
All notices to the User may be sent by e-mail or regular mail. Ctrip
Travel Information Technology (Shanghai) Co., Ltd. will send
messages to the User through mail service, informing them of changes
to the terms of service, service changes, or other important
matters.
17. Participation in Advertising Planning
The users can add promotional materials in their published
information or participate in advertising planning, and display
their products on the free services of Ctrip.com Membership Service.
Any such promotional methods, including shipping of goods, payments,
services, commercial conditions, warranties and descriptions related
to advertisements, take place only between the respective User and
the advertising seller. Ctrip Travel Information Technology
(Shanghai) Co., Ltd. assumes no responsibility, and Ctrip.com
Membership Service is not obligated to take any part of the
responsibility for such advertising sales.
18. Ownership of Email Content
User-defined contents include: text, software, sound, photos,
videos, graphics; all contents in advertisements; all contents of
e-mails; commercial information provided by Ctrip.com Membership
Service for the User. All such content is protected by copyright,
trademark, label and other property ownership laws. Therefore, the
User can only use these contents with the authorization of Ctrip
Travel Information Technology (Shanghai) Co., Ltd. and advertisers,
and cannot copy or reproduce these contents, or create derivative
products related to the contents without authorization.
19. Law
This Service Agreement shall be consistent with the
interpretation of the national laws of that country, including
content that is controversial and contradictory in the legal
terms. The user and Ctrip Travel Information Technology (Shanghai)
Co., Ltd. agree to submit to the jurisdiction of the court. If
there are any terms that conflict with the law, these terms will
be re-interpreted as closely as possible, while other terms will
remain legally valid and influential on the User, and you agree
that the disputes arising from the User’s interpretation of this
Service Agreement or the booking of any product through Ctrip.com
will be submit to the jurisdiction of the Changning District
People’s Court of Shanghai.