Note to Guests:
Please read all these conditions carefully prior to booking.
Please contact us or your Travel Advisor if you have any questions in relation to these conditions, especially in relation to:
(1) medical conditions and warnings (clause 3.5);
(2) cancellation policies (Section C);
(3) liability and claims provisions (clauses 19-24); or
(4) indeed any other provisions

INDEX

 A. BEFORE YOU TRAVEL

GENERAL CONDITIONS OF CARRIAGE FOR GUESTS AND THEIR LUGGAGE - EFFECTIVE FEBRUARY 2008
A. BEFORE YOU TRAVEL
1. CONTRACT OF CARRIAGE
1.1 When a Journey Confirmation is issued to you, you enter into a contract of carriage with us (the "Contract of Carriage"). The Contract of Carriage is governed by:-
(a) The terms and conditions set out in the Tangula Information Sheet and the Booking Confirmation set out in our brochure;
(b) these Conditions;
(c) the Journey Confirmation ; and
(d) our Regulations.
1.2 Other Conditions of Carriage
(a) Carriage shall also be subject to the conditions of carriage of the Ministry of Railways and any of their bureaus, which operate the network on which the Journey takes place;
(b) Where any part of Carriage is performed on behalf of us by any other person or body, Carriage in relation to that part shall also be subject to the conditions of carriage of that person or body.
1.3 In the event of any inconsistency or conflict between the items set out in clause 1.1 above and those referred to in clause 1.2 above, the former shall prevail.
1.4 Overriding Law
If any provisions or part of any provisions in these Conditions are held to be contrary to any law or government regulation or convention which cannot be waived or modified by agreement of the parties or otherwise invalid or unenforceable, such invalidity or unenforceability will not affect any of the other provisions or parts of provisions hereof.
1.5 Change
We may change these Conditions without notifying you, except that no such changes will apply to you after Carriage has commenced.
1.6 Free Carriage
These Conditions apply to free Carriage unless we have provided otherwise by contract or regulation.

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2 JOURNEY CONFIRMATIONS
2.1 Requirement for a Journey Confirmation
(a) We will not carry you unless before departure you present to us a valid Journey Confirmation and your passport (see also clause 3.3(a)) or other formal identification.
(b) A Journey Confirmation is valid only for Carriage between the points of departure and destination and on the dates referred to in the Journey Confirmation.
(c) You will not be entitled to Carriage if the Journey Confirmation which you present has been altered or tampered with unless we or our authorised agents have made the alteration. If you use such a Journey Confirmation for Carriage you shall be liable to pay the full tariff as though you have no Journey Confirmation.
2.2 Period Of Validity
(a) Subject to clause 2.1, a Journey Confirmation is only valid for Carriage on the dates shown on the Journey Confirmation. Journey Confirmations not used on the dates specified on the same will cease to be valid.
(b) We will only make refunds of the tariff before the expiry of the validity of a Journey Confirmation subject to our retention of any change or cancellation charge payable under clause 2.3.
2.3 Change and Cancellation by Guests
Arrangements for changing or cancelling bookings, and our charges relating to the same, shall apply as provided in the Booking Confirmation.
2.4 Non-Transferability
(a) A Journey Confirmation is not transferable. No Journey Confirmation may be used by any person other than the person to whom or for whom it was issued. If we, in good faith, provide Carriage or make a refund to any other person who presents a Journey Confirmation for Carriage or refund, we shall not be liable to the true owner of the Journey Confirmation for any loss or damage resulting to such owner.
(b) If your Journey Confirmation was purchased by credit card, the holder of the credit card must be yourself or a person travelling with you on board the Train.
2.5 Lost Journey Confirmations
(a) If your Journey Confirmation is lost or mislaid you should notify us immediately. We will not be obliged to issue a duplicate Journey Confirmation or to refund to you the value (or any part of the value) of the lost or mislaid Journey Confirmation or any tariffs which may be charged as a result of your failure to produce a valid Journey Confirmation when required.
(b) We may, in our absolute discretion, issue a new Journey Confirmation to you without further charge or upon your payment of a deposit. Upon such issuance, you agree to indemnify us (up to the amount of the tariff applicable to the new Journey Confirmation) against the costs we incur by our provision in good faith of Carriage or refund to a person presenting the lost Journey Confirmation to us.

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B. ROUTE, PRICE AND METHOD OF CARRIAGE

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3. REFUSAL OF CARRIAGE
3.1 Right to Refusal/ Cancellation
We may without prior notice refuse access, Carriage or onward Carriage to you or may cancel your reservation if, in our absolute discretion, we believe that such action is necessary for the protection of ourselves and/ or any person we are carrying. In addition to such right of refusal and cancellation, we may take such action if in our absolute discretion we believe that:
(a) it is necessary to prevent a violation of any applicable law or regulation of any region or territory in which Carriage would take place or for reasons of safety;
(b) you have used threatening, abusive or insulting words towards our employees, agent or contractors or other persons we are carrying;
(c) you act in a riotous, disorderly or offensive manner;
(d) you (including your conduct or mental or physical condition or health) or your Luggage is likely to cause discomfort, annoyance, inconvenience, danger or risk to ourselves, to yourself, to others or to property;
(e) you are under the age of 16;
(f) you are in unlawful possession of drugs or contraband;
(g) you have refused to allow a security check to be carried out on you or your Luggage;
(h) you are likely to require special treatment or assistance from us, to yourself, to others or to property beyond which we are reasonably able to provide;
(i) you do not have valid travel documents or adequate travel insurance;
(j) you have not signed and submitted a Health Declaration Form;
(k) your health or medical condition has deteriorated significantly between the date of your Health Declaration Form and the date of your boarding of the Train;
(l) if any government authority has informed us that it has decided not to allow you to enter a particular territory or region even if you have, or appear to have, valid travel documents;
(m) carrying you would break the laws, regulations or orders of any government authority; or
(n) such action is appropriate due to your failure to obey our lawful instructions.
3.2 Consequences of Refusal or Cancellation
(a) Where a reservation is cancelled pursuant to clause 3.1, the cancellation provisions as set out in the Booking Confirmation shall apply as though the cancellation had been made by you and the time of cancellation shall be the time when we notify you of the cancellation.
(b) Where access or Carriage is refused pursuant to clause 3.1, you shall not be entitled to a refund of the tariff or any part of the tariff you have paid.
(c) Where onward Carriage is refused pursuant to clause 3.1, you shall not be entitled to a refund of the tariff or any part of the tariff. You shall also be liable to pay us any amount which, in our sole opinion, is attributable to any services performed for you outside those we are obliged to perform under the Contract of Carriage and to reimburse us for any charges incurred by us on your behalf.
3.3 Visas, Permits and Entry Requirements
(a) All your travel documents (such as your passport, medical card etc.) are your responsibility including without limitation a valid Chinese visa, appropriate travel permits and any health declarations required by the relevant government authorities). Foreign passports must be valid for at least 6 months after the date of your arrival.
(b) We shall have the right to inspect your passport and other travel documents as we consider appropriate..
(c) If you do not have such visas or permits or meet such entry requirements, we have the right to refuse Carriage and you shall not be entitled to any refund of the tariff or any part of the tariff. You shall also reimburse us for any fines, removal expenses, detention costs or other charges imposed on us by the relevant authorities as a result regardless of whether we discover your failure to meet such visa, permit or entry requirements upon an inspection of your travel documents.
3.4 It is a condition of your reservation that you have current, valid and adequate travel insurance at the time of booking in the Tangula Information Sheet or our Booking Confirmation. We reserve the right to decline to accept a reservation and deny you access and Carriage if adequate proof of such current and valid insurance (at our sole discretion) is not provided to us upon request. You must supply us with the name, address and telephone number of your insurers, your policy number and the 24 hour medical emergency telephone number.
3.5 Prior Medical Conditions - Warnings
(a) The summit on the Qinghai-Tibet railway is at 5,072 metres or 16,640 feet above sea level and the railway to Lijiang is at less than 3,000 meters above sea level. Although the Journey will not require vigorous physical exertion, you may encounter physical symptoms associated with high altitudes that whilst often mild and subsiding with the passing of time for acclimatisation, can also cause more severe symptoms. In either case, such symptoms may obviously impair your enjoyment of the trip.
(b) You undertake the Journey at your own risk. While we have the right to refuse Carriage to you if, in our opinion, you are unfit to travel or could place other guests at risk, we are not in the best position to advise you on your suitability to travel and we will not take responsibility to do so. You are strongly encouraged to consult your doctor before undertaking the Journey and you must do so if you are concerned about your fitness for the Journey or if you have a medical condition.
(c) You (each guest) are required to submit a Health Declaration Form to us at the time your reservation is made reporting:-
(i) Any physical or mental condition that may require medical or professional treatment or attention during Carriage;
(ii) Any condition that may render you unfit for travel or that may require special care or assistance;
(iii) Any condition that may pose a risk or danger to you or anyone else on board the Train.
(iv) Any requirement for assistance with mobility and confirmation that such assistance can and will be provided at all times by an accompanying guest. Due to the layout of the carriages, mobility is a consideration on the train. We regret that a standard wheelchair is not able to travel down the aisles.
(d) You are required to notify us immediately if your health or medical condition changes significantly between the date of your Health Declaration Form and your boarding of the Train;
(e) We are unable to accommodate women who have entered their 24th week of pregnancy. If you are pregnant, you are required to supply a medical certificate establishing your fitness for travel dated no more than one week prior to the date you are due to travel. We shall not be liable for any complications related to any pregnancy during the entire duration of the Journey.;
(f) By boarding the Train, you represent and warrant that:-
(i) you have read the Tangula Information Sheet or our Booking Confirmation and understand the need for adequate travel insurance and the travel risks associated with railway and high altitude travel;
(ii) you understand that the specifications of the Train and the off-Train excursions are subject to change without notice;
(iii) the contents of your Health Declaration Form remains true and accurate, that you are fit to travel, and that your health or medical condition has not changed significantly between the date of your signing of your Health Declaration Form and your boarding of the Train; and
(iv) you are physically and otherwise fit for travel.
(g) We reserve the right without liability to refuse to board and carry you if, in our sole opinion, you are unfit to travel or may require care beyond that which we are reasonably able to provide.
(h) There will be a doctor on board between Golmud and Lhasa for the purposes of handling situations and emergencies arising during the Journey and to perform first aid and other basic treatments only. You will therefore need to bring with you whatever medication you may need for the Journey.
(i) The relevant government authorities may also require you to complete health declarations provided by such government authorities. They may also require you to have appropriate medical check-ups. We therefore advise you to have a medical check up. We will not be responsible for the consequences of any government regulation or order including any which prohibit you from taking the Journey without having had a medical check-up.
3.6 Data Privacy
(a) You acknowledge that we will collect personal and medical information from you which is relevant to the Journey and consent to our passing that on to third parties, often overseas, in connection with the Journey that you have booked. Our detailed privacy policy is available on our website or on request.
(b) You acknowledge and understand that from time to time photographers and or film makers may be present during the Journey. Images produced by such photographers and/or film makers may feature you and other guests (the "Images"). You hereby grant to us permission to use such Images throughout the world for any of our commercial or non-commercial purposes in all and any media, in its original format or edited or altered in any way which we deem appropriate. You also confirm that you consent to us storing or transferring copies of the Images anywhere in the world for the purposes set out in this clause 3.6.
3.7 Photography and Film
(a) There are some parts of the Journey and the Train where photography and filming will not be allowed. We will notify you accordingly at check-in or at the relevant locations.
(b) If you take any photographs or record any film of the Train, you agree that you will not publish such photographs or film in any media without our prior written approval.
(c) No commercial photography or filming may be carried out on the Journey without our written approval and (if necessary) the approval of any relevant government authorities.

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4. ROUTES
4.1 General
A Journey Confirmation is available for use only between the stations shown on that Journey Confirmation and by the route or routes shown on that Journey Confirmation. If the details of such stations or routes are not shown on the Journey Confirmation, they are available on application at our head office.
4.2 Change
We may change or omit the stations, stopping points and destinations shown in the Journey Confirmation and the route without notice. We shall not be liable for any loss or damage caused by such omission or change.

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5. METHOD OF CARRIAGE
5.1 We will use reasonable efforts to procure that Carriage will be performed on the Train. However, we may without notice substitute another train(s) before or after Carriage has commenced or may engage any other person or body to perform Carriage or any part of it on our behalf. We may also, without notice, substitute Carriage by train with any other method of transport (including but without limitation bus, coach, car, sea or aircraft) for the whole or any part of the Carriage.
5.2 If before commencement of Carriage we substitute an alternative method of Carriage which, in our sole opinion, results in a fundamental change in the nature of Carriage, we may:
(a) offer to carry you on such substitution method of transport;
(b) offer Carriage to you on another date without extra charge; or
(c) make a refund of the tariff in whole or in part.
5.3 If after commencement of Carriage we substitute an alternative method of Carriage which, in our sole opinion, results in a fundamental change in the nature of the onward Carriage, we offer to carry you on such substitution method of transport in onward Carriage and, in our absolute discretion, to partially refund the tariff to you.
5.4 Except as provided in clauses 5.2 and 5.3 above, we shall not be liable for any loss or damage caused or resulting from any change or substitution made in the method of Carriage.
5.5 For the avoidance of doubt, if any change or substitution made in the method of Carriage is a result of an Event of Force Majeure, clauses 5.2 and 5.3 shall not apply.

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6. TARIFF
6.1 Changes
If any additional cost is imposed on us by a third party (including, without limitation, fuel costs and taxes imposed by the Ministry of Railways), we shall have the right to pass such costs on to our customers and impose surcharges on top of the tariff from time to time.
6.2 Tariff
(a) The applicable tariff shall be that in effect at the time the Journey Confirmation is issued by or on behalf of us for Carriage on the date(s) shown on the Journey Confirmation (subject to any applicable surcharge) save that in the case of a changed booking or of a re-issue of a Journey Confirmation which is permitted by us the tariff shall be that which is in effect at the date of confirmation by us of the revised booking or of re-issue of the Journey Confirmation for Carriage on the revised date of Carriage.
(b) Tariffs apply only for Carriage from the station of departure to the station of destination and do not include other services or expenses such as the services of luggage porters or transport services to, from or between stations and only include the provision of the food, beverages, programmed off-Train excursions (including any necessary entrance fees) and service charges as set out in the Tangula Information Sheet and our Booking Confirmation.
6.3 Children
(a) You must be 16 years of age or older. A parent or other responsible adult over the age of 18 must accompany children aged 16 to 18 and supervise such children and indemnify us for:-
(i) any and all damage caused by such child or children;
(ii) for any injury, illness or death to such child or children wholly or in any part attributable to the lack of adequate and proper adult supervision and care.
(b) The tariff applicable to children is the same as that applicable to adults above 18.
6.4 Currency
(a) If you make payment in a currency other than a currency in which the tariff is published, such payment shall be at the rate of exchange as determined and published by us and applicable at the relevant time payment is due.
(b) Any refunds shall be made in the currency in which the original payment was made. However, if the original payment was made in a currency other than a currency in which the tariff is published, the refund shall be made in such published currency as we shall in our absolute discretion decide.
6.5 Right to Refuse to Carry
(a) We shall not be obliged to carry and may refuse onward Carriage to you and/or your Luggage if:-
(i) the tariff or any charges payable by you have not been paid;
(ii) any credit arrangements agreed between us, you or the person paying for your Journey Confirmation or any other charges payable in relation to your Journey Confirmation have not been complied with.
(b) In the case of a refusal of Carriage or onward Carriage under this clause 6.5, you shall not be entitled to a refund of any of the tariff paid and shall be liable to us for the whole tariff or any amount of the tariff which has not been paid, any other charges outstanding in respect of services provided by or on behalf of us and any charges incurred by us in relation to the Contract of Carriage between us and you.

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C. ON BOARD

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7. CANCELLATION AND DELAY BY CARRIER
7.1 Times shown on the Journey Confirmation, on timetables or elsewhere are not guaranteed. Such schedules are subject to change without notice. We reserve the right to delay or cancel your Journey for any reason at any time. We shall not be liable and assume no responsibility for your inability to make any connections.
7.2 If before the commencement of Carriage we cancel the Carriage service or are unable to perform or to have performed Carriage, we shall, in our sole discretion offer you either:
(a) Carriage at the value of your original booking on another date without extra charge; or
(b) Carriage at a lower value than your original booking (if available) and refund to you the difference in price between your original booking and such Carriage at lower value; or
(c) make or procure that you receive a refund of the tariff already paid by you.
7.3 Subject to clause 7.1 if, after the commencement of Carriage, we cancel or are unable to perform or to have performed onward Carriage to the destination, we shall offer you either:
(a) onward Carriage on the route of your original booking on another date (subject to availability); or
(b) a refund of the tariff paid subject to the deduction from such refund of our estimate of the tariff applicable to the completed part of Carriage and any other charges payable by you.
7.4 For the avoidance of doubt, if a cancellation of Carriage is a result of an Event of Force Majeure, clauses 7.2 and 7.3 shall not apply.
7.5 Except as provided for under clauses 7.2 and 7.3, we shall not be liable for any loss or damage caused by cancellation of Carriage, delay to you, your Luggage or your Checked Luggage, the non-arrival or the lateness of the Train or of any other service or for any loss or damage consequential upon such cancellation, non-arrival, lateness or delay.

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8. STOPOVERS AND EXCURSIONS
8.1 Stopovers are not permitted.
8.2 All off-Train excursions are operated by third party tour operators and we act as the agent of such tour operators in reserving them. Such off-Train excursions are subject to availability, weather conditions and time constraints of the Journey.
8.3 The off-Train excursions are planned many months in advance and sometimes changes may be necessary. Such excursions are by their very nature complex with services from many different companies. The timings and content of such excursions are stated for guidance only. We reserve the right to make changes to or cancel the same without notice. No refunds or compensation will be made in respect of such changes or cancellations unless, in our sole opinion, a significant part of your Journey is not provided.
8.4 You undertake such off-Train excursions at your own risk. We shall not be liable to you for any damage, loss, personal injury or death arising from such off-Train excursions.

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9. COMPLIANCE WITH REGULATIONS
9.1 You shall comply with the regulations and orders issued by China Customs or other government authorities concerning you and the examination of your Luggage or Checked Luggage. You shall be present at the carrying out of all such examinations if required to do so by China Customs or other government authorities and shall produce all necessary travel documentation when required to do so. We shall be not be liable to you if you fail to comply with these obligations.
9.2 You shall comply with all our Regulations and shall be ready to check-in at the designated check-in location at the scheduled time with your Luggage and Checked Luggage (if any). If we are of the opinion that you have not completed all the necessary check-in procedures to board yourself and your Luggage on the Train before the scheduled time, we may refuse to permit you to board the Train and you shall be treated as having failed to travel as booked and a cancellation charge in accordance with the Booking Confirmation and these Conditions shall be made by us. We shall not be obliged to delay the departure of the Train in order to allow you to board the Train.
9.3 You shall leave the Train as soon as it has safely stopped at its destination and you shall remove all your Luggage from the Train immediately upon arrival at the destination.
9.4 Any dispute on the Train shall be settled provisionally by the on-board Train manager.

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10. SUITE ALLOCATION
10.1 We shall have the right to allocate suites as we think fit and to vary any bookings made in respect thereof and to transfer you from any such suite to any alternative ones.
10.2 Subject to clause 10.1 if, due to a shortage of suites for any reason, we are unable to provide Carriage to you on the Train we shall provide you with the option of:-
(i) Carriage on another date (subject to availability) without extra charge; or
(ii) a refund of the tariff.

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11. GUEST'S INTERRUPTION OF JOURNEY/ QUARANTINE
11.1 We may confine you to your suite or disembark you at any station if, in our sole opinion, your presence might be detrimental to your own health, comfort or safety or that of other guests or the staff.
11.2 If you are disembarked for any such reasons, you will not be entitled to damages, compensation or refunds.
11.3 If you are delayed or detained during the Journey due to injury, illness, disability or quarantine or due to action of any government or authority or for any other reason, you will be solely responsible for all resulting costs and expenses, including repatriation, and must reimburse us for any such costs or expenses which we may incur on your behalf.

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12. DAMAGE BY YOU
12.1 You shall be responsible for any loss or damage caused to our property, employees, agents or representatives by anything done by you or by any articles brought by you onto the Train. You shall indemnify us against any liability for death, injury, damage or loss arising from the same.
12.2 If, at your request, our employee, agent or representative renders services which we are not obliged to render under the Contract of Carriage or which are outside the scope of work of such employee, agent or representative, they shall be deemed to do so on your behalf and we shall not be liable for any loss or damage whether or not caused by the neglect, default, wilful misconduct or illegal act of such employee, agent or representative. You shall indemnify us against any liability to other persons for any death, injury, damage or loss caused by the act of such employee, agent or representative.

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13. SERVICES PROVIDED BY THIRD PARTIES
13.1 All services booked by us with third parties (including but not limited to rail services not provided by us, airline, hotel, transfer and porter services, off-Train excursions and any luggage-forwarding service) are booked in our capacity as agent for you and we shall not be liable for any loss or damage caused to you, your Luggage or your Checked Luggage in connection with such services.
13.2 We shall not be liable for loss or damage arising out of arrangements made between you and third parties or independent contractors regardless of whether such services have been booked by us. Such arrangements may include but are not limited to:
(a) services, products or transportation provided in connection with holidays and tours which are not under our operation and control; and
(b) services or products made available on board the Train which are administered by any doctor, dentist or other medical attendant.

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14. LUGGAGE
14.1 Luggage Restriction and Storage
(a) All Luggage is carried at your own risk. Space on the Train and in the suites is very limited. There is no separate baggage car for Luggage. All personal Luggage must be accommodated in your suite where there is limited storage space under one bed sufficient for two medium sized suitcases no more than 33 cm (13 inches) deep, 70 cm (28 inches) long and 50 cm (20 inches) wide. Luggage exceeding these dimensions cannot be stored comfortably in your suite. A luggage-forwarding service is available should you wish to forward any excess luggage to the designated check-out point at your destination (see clauses 16, 17 and 18 below).
(b) You must comply with our Regulations, these Conditions and any applicable regulations, tariffs, terms or conditions of any airline, other transportation provider or government authority.
14.2 Forbidden Items
You are not allowed to take the following items aboard the Train in any circumstances:-
(a) articles which do not constitute Luggage as defined in clause 26 of these Conditions;
(b) substances and articles which are controlled or prohibited from being carried in any one of the region or territories through which the Luggage is carried;
(c) articles which in our sole opinion are liable to annoy or inconvenience others or to cause damage or which are dangerous including (but not limited to) weapons (including antique or replica weapons), firearms, explosives or inflammable substances or articles, oxidising, toxic, radioactive, corrosive, repugnant or illegal substances, substances liable to cause infection or hazardous substances;
(d) live animals, birds, insects or fish;
(e) Items which in our opinion are unsuitable for Carriage because of their weight, size or nature;
(f) illegal narcotic substances other than prescribed drugs;
(g) motorcycles and similar vehicles, bicycles or perambulators; or
(h) alcohol and cigarettes
(i) any contraband or any other items prohibited by local, state or national law of the region or territories through which the Luggage is carried.
14.3 Each suite will have a safe for the storage of your personal valuables. However, you use such safe at your own risk and we shall not be liable to you for any damage to or loss of any items stored in such safe.
14.4 Luggage is subject to scanning prior to departure.
14.5 Our employees or agents shall have the right to carry out such examinations of your Luggage as they deem fit in your presence if, in our opinion, there has been a contravention of the provisions of clause 14.2. If we cannot identify or find you to attend such examination or if you fail or refuse to attend or cannot be found, we shall carry out this examination in your absence and any expenses or costs arising out of that examination shall be paid for by you. We reserve the right to refuse to carry any Luggage the owner of which we are unable to identify using reasonable efforts.
14.6 If your Luggage includes or you are in possession of any articles which are not acceptable as Luggage, the Carriage of such unacceptable articles shall nevertheless be subject to the provisions of these Conditions.
14.7 We may refuse to carry any Luggage which is not acceptable as Luggage under this clause 14 ("Unacceptable Luggage") regardless of when the discovery of such Unacceptable Luggage is made. In such circumstances, you shall not be entitled to any refund of the tariff or any charges imposed by us. You shall further indemnify us against any loss, damage, personal injury or death arising from such Unacceptable Luggage regardless of whether we discover the same during our examinations.

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15 ASSISTANCE WITH LUGGAGE
15.1 Porters at railway stations and ports are not our employees or agents and trolleys and other equipment available for use at railway stations and ports are not our property. You employ such services or use such trolleys and equipment at your own risk and expense. We shall not be liable for any loss or damage to you or your Luggage caused by such porters, trolleys or equipment.
15.2 If our employee, agent or representative assists you in loading, unloading or carrying of your Luggage, such assistance shall be deemed to be rendered on your behalf (unless it falls under the obligations under the Contract of Carriage) and we shall not be liable for any loss or damage whether or not caused by the negligence, default, wilful misconduct or illegal act of such servant, agent or representative.

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16. CHECKED LUGGAGE
16.1 A luggage-forwarding service is available if you wish to take only what you need for the Journey with you on the Train and have the remainder waiting for you by the time you arrive at your destination. You may elect to use this service at the time of booking your Journey or at check-in.
16.2 This luggage-forwarding service is operated by a third party service provider and is therefore subject to the charges and terms and conditions of such service provider. You use this service at your own risk. For the avoidance of doubt, we shall not be liable for any loss of or damage to your Checked Luggage arising from your use of this service.
16.3 You are strongly advised not to include in your Checked Luggage your travel documents, fragile or perishable articles, money, jewellery, precious metals, securities or other valuables, business documents or samples or any of the items specified in clause 14.

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17. DELIVERY AND COLLECTION OF CHECKED LUGGAGE
17.1 The third party luggage-forwarding service provider is solely responsible for the handling, transport and delivery of your Checked Luggage. Unless otherwise notified, your Checked Luggage will be delivered to the designated check-out point at your destination.
17.2 Such third party service provider is also solely responsible for the arrangement and handling of your collection of your Checked Luggage. Of course, as a matter of courtesy we shall arrange for you to be escorted to the designated check-out point (unless otherwise notified).

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18. UNCOLLECTED LUGGAGE AND CHECKED LUGGAGE
18.1 Checked Luggage
We are not responsible for any Checked Luggage which is not removed or collected. We may subsequently assist you in locating such Checked Luggage (for which additional charges may apply). However, we cannot guarantee that such assistance will be available or successful.
18.2 Uncollected Luggage
(a) We take no responsibility either as carrier or as warehouseman in respect of Luggage after you have reached your destination and have had reasonable opportunity of removing your Luggage.
(b) A charge shall be made for any Luggage not claimed on completion of Carriage or left on the Train. Unless claimed within 14 days, your Luggage shall be deemed abandoned and may be sold or disposed of by us and the proceeds of sale retained by us. Perishables may be sold or disposed of immediately after they are found. We shall have a particular and a general lien on Luggage which is stored by us in respect of our expenses and charges and all monies owed to us.

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19. OUR LIABILITY FOR LOSS AND DAMAGE TO LUGGAGE
19.1 Exclusion of Liability
All Luggage is carried at your own risk and we shall not be liable for any loss or damage of or arising from such Luggage (including, for the avoidance of doubt, those occurring before check-in or after you disembark from the Train), unless such loss or damage is caused by our gross negligence, wilful misconduct or illegal act. We are not responsible for any loss or damage to your Luggage caused by third parties. In addition to this general disclaimer of liability, we shall not in any event be liable for:-
(a) delay to Luggage;
(b) any loss of or damage to money, jewellery, cameras, electronics, documents or any other personal property which you retain in your personal control or in your suite safe.
(c) loss or damage of or arising from Luggage (including any indirect or consequential loss or damage) caused by:
(i) its being improperly or insufficiently packed or labelled; or
(ii) its comprising or containing any fragile, perishable or brittle article liable to be broken or to damage any other article;
(iii) its comprising or containing articles not acceptable for Carriage or which otherwise cause loss or damage;
(iv) your action, omission, negligence, default or illegal act;
(v) your failure to comply with these Conditions, our Regulations or Conditions of Carriage applicable to Carriage; or
(vi) the act, neglect or default of employees, agents or representatives of railway authority over whose rail network the Carriage is performed.
If we show that the loss or damage could be attributable to one or more of the matters referred to in this clause 19.1(c), it shall be presumed to have been so caused unless you proved that it was not in fact attributable to one or more of these matters.
19.2 Contributory Negligence
In the event that we are liable pursuant to this clause 19 for loss of or from or for damage to Luggage, any contributory negligence by you shall be subject to the applicable Hong Kong law relating to contributory negligence.
19.3 Limitation of Liability
In the event that we are liable for loss or damage of or arising from Luggage, our liability to each guest shall in any case be limited to US$1,000(or such other amount as may be notified by us) or its equivalent in another currency accepted by us and at the rate of exchange applicable as published by us from time to time.

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20. OUR LIABILITY FOR DEATH, INJURY AND DAMAGE
20.1 We shall not be liable for death or personal injuries to you except upon proof that such death or personal injuries were caused by our wrongful or illegal act or gross negligence (and to the extent that such liability can not by law be excluded).
20.2 We shall not in any event be liable for mental distress or suffering whether or not caused by our gross negligence or default.
20.3 If your age or mental or physical condition is such as to involve any risk or hazard to yourself, we shall not be liable for any injury, disability or illness, including death, attributable to such condition or for the aggravation of such a condition whether or not caused by our gross negligence or default.
20.4 We shall not be liable for any indirect or consequential loss howsoever caused.
20.5 In the event that we are liable for death or personal injuries or damage to you, any contributory negligence by you shall be subject to the applicable Hong Kong laws relating to contributory negligence.

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D. GENERAL

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21. RULES AND REGULATIONS
21.1 You must at all times obey all our Regulations, rules and orders and those of the Train management.
21.2 You may not solicit other guests for commercial purposes or advertise goods or services on board the Train without our prior written permission.
21.3 You acknowledge that the Train must depart the stations at the scheduled time. We shall not be liable in any way if you miss the Train and you will not be entitled to compensation or any refund under these circumstances, or if you disembark early for any reason.
21.4 We have a strict "NO SMOKING" policy throughout the Train. Sensitive fire alarm systems are located in various places on the Train.
21.5 In order to avoid disturbance to other guests, mobile phones may only be used in your suite. The use of mobile phones is strictly prohibited in public areas of the Train. You must keep you mobile phone, blackberry or other electronic communication devices on "vibrate only" or "silent" mode in all areas of the Train (including your suite).

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22. EXCLUSIONS AND LIMITATIONS
22.1 Nothing herein shall waive any exclusion or limitation of liability by us under any applicable law or convention.
22.2 We shall not be liable for any loss, damage, personal injury (including mental anguish), death or delay caused by an Event of Force Majeure.
22.3 We shall in no event be liable to you in respect of occurrences taking place outside the Train.
22.4 Any exclusion or limitation of liability of us shall be for the benefit of and apply to our employees, agents and representatives and (so far as permitted by law) to any other person or authority whose Trains or tracks or other vehicles are used by us for Carriage and its employees, agents and representatives.

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23. MODIFICATION AND WAIVER
None of our agents, servants or representatives has authority to vary, modify or waive any of the terms of the Contract of Carriage.

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24. CLAIMS AND ACTIONS
24.1 General
(a) Except as provided in clause 24.2, all your rights of action against us arising from the Contract of Carriage for any loss or damage shall be extinguished (i) upon your departure from the Train at point of destination, or (ii) in respect of Luggage, the removal of Luggage from the Train by or on behalf of you unless:-
(i) you notify us immediately on discovery of the loss or damage and in any case before such departure or removal (as the case may be). If the event or occurrence giving rise to the claim took place or the loss of damage is discovered at the point of destination, that you notify us not later than your departure from the immediate area around the Train; or
(ii) the event or occurrence giving rise to the claim was so grave and of such magnitude and the resulting loss or damage was so obvious at the time the event or occurrence took place that we could not reasonably have failed to know that it took place and that it would be the subject of a claim; or
(iii) the loss or damage is not apparent and is not and could not have reasonably have been discovered until some time after the departure of the Train from the point of destination or, in respect of Luggage, after the removal of such Luggage from the Train, provided that:
(A) immediately after discovery of the loss or damage and in any case within 7 days of departure from the Train at the point of destination or, in respect of Luggage, after removal of such Luggage, you notify us and provides full details of the event or occurrence and of the loss or damage suffered; and
(B) you prove that the loss or damage occurred during Carriage;
(b) A claim shall not be validly made under 24.1(a) unless it is notified to the on-Board train manager.
(c) If a notice made under clause 24.1(a) above is in relation to any loss or damage of Luggage, we may make a written report as soon as possible thereafter of the condition of the Luggage and so far as possible of the extent of the loss or damage, its cause and the place where it occurred. Such report shall be conclusive evidence of the condition of the Luggage and of all other facts within our knowledge.
24.2 Claims
All claims must be made in writing to us at our head office within 7 days of the date of completion of Carriage. A claim may only be made by you if you produce the Journey Confirmation or other proof of your right to bring an action against us. We may, on settlement of the claim, retain all documents submitted in support of the claim.
24.3 Actions
(a) Any right to damages for loss of or from or for damage to Luggage shall be extinguished if the action is not brought within one year from the date of the loss or damage or the date of discovery of the loss or damage, calculated from the date of discovery of the loss or damage or the date of discovery of the loss or damage or the date when Carriage was completed, whichever is the earlier.
(b) Any right to damages for death or injury to a guest shall be extinguished if the action is not brought within three years of the date of the accident which gave rise to the claim.
24.4 Nothing herein shall waive or exclude any shorter periods of limitation for the making of claims or the bringing of actions against us under any applicable law or convention.

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25. JURISDICTION AND APPLICABLE LAW
25.1 You acknowledge that legal proceedings in respect of any claim against any railway authority over whose rail network any part of the Carriage is performed may only be instituted in the competent court of the province, region or territory where the accident or incident occurred which gives rise to the claim and that such claims will be decided in accordance with the laws of that province, region or territory.
25.2 Except as provided in clause 25.1, Carriage under these Conditions shall be governed by Hong Kong law. The Hong Kong courts shall have sole jurisdiction in respect of any claim relating to such Carriage and except as provided in clause 25.1, the jurisdiction of all other courts of any country, province, region or territory is hereby expressly excluded.

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26. THE MEANING OF PARTICULAR EXPRESSIONS IN THESE CONDITIONS
26.1 In these Conditions, unless the context requires otherwise:
26.2 Words denoting the singular include the plural and vice versa. Words denoting the masculine include the feminine and vice versa.
26.3 Reference to clauses and sub-clauses are to the clauses and sub-clauses of these Conditions.
26.4 Clause headings do not affect the interpretation of these Conditions.

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