General Terms and Conditions of Sale

Preamble

1. Identity of the seller

JINKO, a simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under number 940 526 544, with its registered office at 9 RUE DES COLONNES, 75002 PARIS

Phone: +1(213)-772-0293

Email address: support@gojinko.com

Registration in the Register of Travel and Vacation Operators: IM075250042

Financial guarantor: APST, Association Professionnelle de Solidarité du Tourisme, 89 rue La Boétie, 75008 Paris

Professional liability insurer: HISCOX SA, 49 avenue de l’Opéra, 75002 Paris

2. Purpose

The purpose of these general terms and conditions (“Terms and Conditions”) is to define the rights and obligations of the parties in connection with the marketing by JINKO of tourism services supplied by third-party providers, intended for persons having the status of consumers or non-professionals and having the legal capacity to contract (hereinafter referred to as “the Customer(s)”).

3. Definitions

Beneficiary: natural person benefiting from the Services purchased by the Customer.

Customer: natural person having the status of consumer or non-professional within the meaning of the French Consumer Code who contracts with JINKO under these general terms and conditions of sale.

JINKO Tools: means all the interfaces, endpoints, protocols, data flows and tools made available by JINKO and described in its Documentation.

Service: travel service, package tour or linked travel arrangements.

Distribution Services: all technical media, including AI Agents, applications or websites developed by third parties and integrating the JINKO tools for the purpose of distributing the Services sold by JINKO to the end Customer.

1. Content and scope of application

These general terms and conditions of sale apply automatically to all Services sold or offered for sale by JINKO. They apply to sales made through all distribution and marketing channels.

Consequently, any order or purchase implies unreserved acceptance of these general terms and conditions of sale, which prevail over any other conditions, with the exception of those expressly accepted by JINKO.

These GTC govern the entire contractual relationship between JINKO and the Customer as from the booking made by the Customer through the Distribution Service used. The terms of use and privacy policy of the Distribution Service govern the relationship between the Customer and the Distribution Service used and remain applicable during the offer-discovery phase.

These General Terms and Conditions are drafted in English, which language prevails over any translation.

2. Pre-contractual information

The Customer acknowledges having been provided, prior to placing the order and/or concluding the Contract, in a legible and comprehensible manner, with these general terms and conditions of sale and all essential pre-contractual information.

3. Search on the Distribution Service

3.1 Function of the Distribution Service

The Distribution Service used by the Customer for searches assists the Customer in comparing travel services, presents the available offers, communicates the essential information on the Services contemplated and, where the Customer expresses the intention to book a given offer, redirects the Customer to the payment stage.

3.2 Limits of recommendations

The responses and suggestions of the Distribution Services may be based on the algorithmic processing of data and may, exceptionally, contain inaccuracies (in particular owing to so-called “hallucination” phenomena). In the event of a discrepancy between information provided by the Distribution Service used by the Customer and information from the actual provider (airline, hotelier, etc.), the latter shall prevail.

3.3 Human intervention and absence of solely automated decision-making

In accordance with Article 22 of Regulation (EU) 2016/679 (“GDPR”), no solely automated decision producing legal effects with respect to the Customer is taken by the AI Agent. The Contract is validly formed only upon the express acceptance of these GTC and the confirmation of the order by the Customer, including through an authorization granted to the Distribution Service under Article 4.

3.4 Fair use

The Customer undertakes to use the JINKO Tools in good faith. The following are in particular prohibited: attempts at manipulation through prompt injection, circumvention of the security rules, or systematic extraction of the content produced.

4. Bookings

The Contract is formed in accordance with the following process:

Through the Distribution Service, the Customer selects an offer and go through the reservation confirmation process as provided by the Distribution Service. It is the Customer’s responsibility to verify that the selected offer meets their needs (characteristics of the Services, total price inclusive of tax, modification and cancellation conditions, identity of the operating carrier where applicable, etc.).

Before confirming their reservation, they expressly agree to these Terms and Conditions.

The Customer may authorize the Distribution Service to make bookings on their behalf. Any booking made within that authorization is deemed confirmed by the Customer.

The Contract is deemed formed upon receipt of payment by JINKO. A booking confirmation setting out all the elements of the Contract together with these GTC is then sent to the Customer by email.

5. Payment terms

5.1 Means of payment

Payment for the Services may be made by credit or charge card (Carte Bleue, Visa, Eurocard/Mastercard) or via Apple Pay / Google Pay.

The Customer warrants to JINKO that they hold any authorisations that may be required to use the chosen payment method at the time the Contract is validated. JINKO reserves the right to suspend any booking management and any performance of the Services in the event of refusal of card payment authorisation by the officially accredited bodies or in the event of non-payment of any sum due under the Contract.

Payments made by the Customer shall be regarded as final only after the sums due have actually been collected by JINKO.

5.2 Currency

If you reside outside the United States, we will process your credit card payment in the local currency. However, in certain circumstances, we may process your credit card payment in U.S. dollars (USD). You acknowledge and agree that certain banks and credit card issuers may charge fees for international or cross-border transactions. The same applies to any payments you choose to make on-site at an international accommodation (including, but not limited to, lodging fees, VAT, etc.). Often, booking an international trip may be considered an international transaction by your bank or credit card issuer. Some banks and credit card issuers also charge currency conversion fees. For example, if your booking is made in a currency different from that of your credit card, your credit card issuer may charge you a currency conversion fee. These fees are determined solely by the exchange rate and by your credit card issuer or bank, typically on the day the transaction is processed. If you have any questions about these fees, please contact your bank or credit card issuer before making a reservation.

5.3 Chargeback

The Customer acknowledges and agrees that the commitment to pay by credit or debit card is irrevocable. Consequently, any payment made by credit or debit card may only be disputed in the event of loss, theft, or fraudulent use of the card. Outside of these cases expressly permitted by law, the cardholder will be guilty of credit or debit card fraud. The right to dispute a payment may under no circumstances be used to circumvent the absence of a cooling-off period, which does not apply to the travel industry.

Chargeback: JINKO reserves the right to contest any abusive chargeback and to recover all related costs, including attorney’s fees associated with abusive chargebacks, as well as to cancel any travel reservation related to such an abusive chargeback. The following cases of chargebacks are considered abusive, and JINKO reserves the right to investigate and dispute the chargeback requests listed below, including, but not limited to:

If a Customer defaults on payment and the services are not paid for within the specified timeframe, namely before departure, the provision of travel services and travel documents will be automatically suspended as of right, and any costs incurred will be the responsibility of the Customer in default. Confirmation of a reservation is contingent upon payment for the services within the initially set timeframe and will only bind JINKO under this sole condition.

6. Price revision

JINKO reserves the right to modify the price of a confirmed booking, upwards or downwards, solely to pass on changes in: (i) the cost of passenger transport resulting from fuel or other power sources; (ii) taxes, fees or charges imposed by a third party not directly involved in the performance of the services, in particular tourist taxes and airport or port charges; or (iii) the exchange rates applicable to the booking.

Any increase shall be notified to the Customer in writing, with detailed justification and calculation, no later than twenty (20) days before the start date of the Services.

If the increase exceeds 8% of the total price of the booking, the Customer may accept the new price or terminate the Contract free of charge and obtain a full refund of the sums paid.

7. No right of withdrawal

The Services offered by JINKO, in particular accommodation, passenger transport, car rental, catering and leisure activity services and package tours supplied on a specific date or during a specific period, are not subject to the statutory right of withdrawal.

Consequently, the Customer has no right of withdrawal in respect of any bookings concluded with JINKO.

8. Modification of the Contract

8.1 Changes initiated by the Customer

Any cancellation or change, if permitted, is subject to the terms and conditions of the service providers you have selected. At the time of booking, the total cost of the Services you have selected, including taxes and fees (with the exception of mandatory fees imposed by the service providers that may apply at the time of arrival/departure and fees related to transportation tickets, including, but not limited to, baggage fees, seat assignment fees, and priority boarding fees), may be charged to you. Where applicable, certain mandatory fees imposed by the service provider must be paid to the establishment at the time of departure (for example, mandatory tourist taxes).

If your reservation/purchase involves multiple service providers and if cancellation is permitted by one of them but not by the other, you will not be reimbursed for the portion of your trip for which cancellation is not permitted, and you will be required to cancel your entire trip. If cancellation is permitted, cancellation fees may be charged to you. The amount of these fees will depend on the terms and conditions of the service provider you have selected.

8.2 Changes Due to Service Providers

JINKO may unilaterally amend the terms of the Contract after its conclusion and before the start of the Services, without the Customer being able to object, provided that the change is minor and that the Customer is informed as soon as possible.

If JINKO is compelled to unilaterally modify one of the main characteristics of the Contract, is unable to meet such a requirement, or in the event of a price increase exceeding 8%, it shall inform the Customer as soon as possible, of: the proposed changes and, where applicable, their impact on the price; the reasonable period within which the Customer must communicate to JINKO the decision taken; the consequences of the traveler’s failure to respond within the period set; and, where applicable, the alternative Service offered, together with its price.

8.2 Changes Due to Service Providers

JINKO may be compelled to unilaterally amend the terms of the Contract after its conclusion and before the commencement of the Services (in the event of a service provider’s default), without the Client being able to object, provided that the amendment is minor and that the Client is informed as soon as possible.

If JINKO is compelled to unilaterally modify one of the main terms of the Contract, is unable to meet the specific requirements of the Services booked, or in the event of a price increase exceeding 8%, it shall inform the Customer as soon as possible, of the proposed changes and, where applicable, the impact on the price; the commercially reasonable timeframe within which the Customer must notify JINKO of their decision; the consequences of the traveler’s failure to respond within the specified timeframe; if applicable, the alternative Service offered, as well as its price.

When changes to the Contract or the substitute Service result in a reduction in the quality of the trip or stay or in its cost, the traveler is entitled to an appropriate price reduction.

If the Contract is terminated and the Customer does not accept an alternative Service, JINKO will refund all payments made by the Customer or on their behalf as soon as possible, and no later than fourteen days after the termination of the Contract.

9. Termination of the Contract

9.1. Termination of the Contract by the Customer

The Customer may terminate the Contract at any time before the start of the Service, via the Distribution Service or, where this is not possible, by email. The effective cancellation date is the date of receipt of the cancellation request by JINKO.

In the event of termination, fees are payable in accordance with the pricing conditions applicable to each Service:

These termination fees shall not be payable if the Contract is terminated as a result of exceptional and unavoidable circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the Contract. In such case, JINKO shall make a full refund of the payments made, without however giving rise to any additional compensation.

9.2. Termination of the Contract by the service provider

JINKO will notify the Customer as soon as possible if a service provider makes a significant change to the reservation or cancels it. In such a case, if no alternative solution is available, the Customer will be refunded the full amount paid and will receive compensation equal to the costs they would have incurred had they canceled on the same date, in accordance with the pricing terms of the relevant Service.

No compensation is due in either of the following two cases:

10. Assignment of the Contract

The Customer may assign the Contract to an assignee who meets the same conditions as the Customer for benefiting from the Services, as long as the Contract has not yet taken effect.

The Customer may assign the Contract only on condition of informing JINKO of the decision by any means allowing an acknowledgement of receipt to be obtained, no later than seven days before the start of the trip. Such assignment is in no case subject to JINKO’s prior authorization.

The assigning Customer and the assignee are jointly and severally liable for payment of the balance of the price and any additional fees that the assignment may give rise to.

11. Legal guarantee of conformity

Any lack of conformity must be reported to JINKO as soon as possible (within 24 hours of the Customer’s arrival), supported by documentary evidence.

Depending on the nature and seriousness of the defect found and at its own discretion, JINKO shall propose a rectification, a substitute Service, a price reduction or a refund. The Customer may refuse a substitute Service or a price reduction only if these are not comparable or appropriate in light of what was contractually provided for.

JINKO’s liability is limited to the refund of the sums actually paid by the Customer. JINKO cannot be held liable for any delay or non-performance resulting from a case of force majeure or from exceptional and unavoidable circumstances.

12. Protection of personal data

12.1. Data collected

In the course of its business, JINKO implements and operates the processing of personal data relating to Customers and Beneficiaries of the Services.

On this basis, JINKO collects the following personal data: first name, surname, title, postal address, email address, telephone number, family composition, particulars noted in the Contract, and payment details.

12.2. Purpose pursued

The collection of this personal data is essential for the performance of the Contract and, in the event of refusal to provide it, the Customer is exposed to difficulties in the performance of the Service for which JINKO cannot be held liable.

This personal data is collected for the sole purpose of managing JINKO’s customer base in connection with the conclusion and performance of the Contract, on the basis of the Customer’s consent. It is used only for the purposes to which the Customer has consented.

12.3. Persons authorized to access the data

The persons authorized to access the data collected within JINKO are the following: JINKO’s employees and its partners involved in the Services requested by the Customer and, where applicable, JINKO’s subcontractors taking part in the performance and/or administration of the Services and required to act in this capacity in relation to the processing, it being specified that in such case, whether partners or subcontractors, this is carried out in compliance with the applicable regulations.

12.4. Specific features relating to the conversational channel

The data exchanged between the Customer and the Distribution Service in this environment transits through the latter’s systems, which act as data controller. The data collected by the Distribution Service is subject to its own privacy policy. Transfers of data to countries located outside the European Economic Area are governed by the appropriate safeguards provided for in Articles 44 et seq. of the GDPR, and in particular the EU-U.S. mechanism.

12.5. Data retention

This personal data collected is retained for the statutory retention period relating to the purpose of the processing and for no more than 5 years.

Personal data relating to the Customer’s payment card is retained solely for the time necessary to carry out the transaction.

JINKO implements organizational, technical, software and physical digital-security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and JINKO cannot guarantee the security of the transmission or storage of information over the Internet.

12.6. Rights of the data subject

Pursuant to the applicable regulations on personal data, each user has a right to query, access, modify, object to and rectify, on legitimate grounds, the collection and processing of their personal data. It is possible to request that this data be rectified, completed, clarified, updated or erased.

These rights may be exercised by sending a signed letter to the data controller at the following address: JINKO at support@gojinko.com, together with a copy of a valid identity document.

At any time, the Customer may lodge a complaint with the CNIL in accordance with the procedures set out on its website (https://www.cnil.fr).

12.7 Automated decision-making

The booking process may include elements of automated processing (algorithmic recommendations by the AI Agent), but the Contract is validly formed only after express validation by the Customer, including through an authorization granted to the Distribution Service under Article 4.

12.8. Modification of the clause

JINKO reserves the right to make any changes to this clause on the protection of personal data at any time. If a change is made to this personal data protection clause, JINKO undertakes to publish the new version on its website and will also inform users of the change by email, at least fifteen (15) days before the effective date.

12.9. Objection to telephone canvassing

The Customer may register on the telephone canvassing opt-out list on the following website: http://www.bloctel.gouv.fr/.

13. Insurance

JINKO’s professional civil liability insurer covers it against the financial consequences of professional civil liability as set out in Articles L. 211-16 and L. 211-17 of the French Tourism Code.

The cover also extends to damage caused to travelers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed in connection with the offer, organization and sale of JINKO’s services, whether by JINKO itself or by its agents, whether employed or not.

The Customer undertakes to hold and keep up to date their civil liability insurance to cover any damage they may cause.

The Customer may take out cancellation / assistance-repatriation insurance of their choice.

Jinko is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel coverage plans and as such we cannot evaluate the adequacy of the prospective insured's existing insurance coverage. Further, we cannot guarantee that any insurance provider will approve coverage for a claim made under the insurer’s policy and make no representations about the extent of coverage for any policy it may offer or quote. Any cancellation fees will not be accepted as part of your claim. If you have any questions about your travel protection, call your insurer or insurance agent or broker.

Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Jinko cannot be held responsible for denied entry if a traveler is unable to provide such details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred.

14. Liability

Jinko does not provide, own, manage, operate, supervise or control the travel services and products that are or may be provided as part of your trip, such as flights, accommodations, cruise, rental cars, packages, or travel insurance (the “Travel Products”). All Travel Products are owned, controlled, operated, or made available by vetted, independent third parties such as destination management companies, airlines, hotels, cruise lines, and tour operators (the “Suppliers”). The Suppliers are solely responsible for the Travel Products as well as any and all benefits, perks, or amenities, including without limitation, resort credits, on-board credits, free specialty dining, spa credits, in-room amenities, etc. The Supplier’s terms, conditions and privacy policies apply to your booking so you must agree to and understand those terms. Jinko acts as the contracting travel operator and seller of the Services under these Terms and assumes the legal and regulatory responsibilities applicable to it in that capacity. The Suppliers remain responsible for the actual performance of their respective Travel Products. Jinko customarily receives compensation, usually in the form of a commission, for bookings made on its behalf. Jinko may also receive compensation in the form of travel planning fees, booking fees or other professional service fees which are payable by you.

TRAVELER FURTHER AGREES THAT JINKO, SHALL NOT BE LIABLE FOR ANY INJURY TO PERSON OR PROPERTY, OR ANY OTHER LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT, OR INCIDENTAL DAMAGES IN CONNECTION WITH THE TRAVEL PRODUCTS OR SERVICES BOOKED WITH ANY SUPPLIER THROUGH JINKO. JINKO, SHALL NOT BE LIABLE FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, BANKRUPTCY, INSOLVENCY, OR NON-PERFORMANCE WHICH MAY OCCUR DUE TO THE FAULT, WILLFUL ACTS OR OMISSIONS, NEGLIGENCE OR OTHERWISE OF ANY SUPPLIER AND/OR JINKO, OR PERSON(S) ENGAGED IN OR RESPONSIBLE FOR ANY TRAVEL PRODUCTS, OR OTHERWISE IN CONNECTION THEREWITH.

15. Force majeure (or exceptional and unavoidable circumstances)

Jinko assumes no liability for any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: natural disasters, fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, or any other acts of a similar nature, sabotage, cybersecurity issues and/or technology outages or disruptions, changes of schedules or operational decisions of air carriers, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics (including, without limitation, COVID-19), or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Jinko that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions (“force majeure”). In circumstances amounting to force majeure, we will not be required to refund any money to you, although if (and only if) we can recover any monies from our Suppliers (it being under no obligation to do so), we will refund these to you without any charge by Jinko.

16. Dispute resolution

16.1. Applicable law

These general terms and conditions are subject to French law, without prejudice to the application of the more protective mandatory provisions of the Customer’s country of residence. This applies to substantive rules as well as to formal rules.

16.2. Mediation

The Customer may have recourse to conventional mediation, in particular before the Consumer Mediation Commission or before the existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Customer may thus refer the matter to the Tourism and Travel Ombudsman (Médiateur du Tourisme et du Voyage) on the following website: https://www.mtv.travel/ or at MTV Médiation Tourisme Voyage, BP 80 303, 75 823 Paris Cedex 17, where the response provided by JINKO to the Customer regarding their complaint is deemed insufficient or has remained unanswered after 60 days.

16.3. Online sales

Where the service has been purchased online by the Customer, the latter is informed that they have the option, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, of lodging a complaint and selecting a dispute resolution body on the following website: https://www.europe-consommateurs.eu/

17. Specific provisions applicable to air transport

JINKO will inform the Customer, upon registration, of the identity of the air carrier(s) known at that date and likely to operate the flights. In the event of any change after registration, JINKO undertakes to communicate to the Customer, as soon as it becomes aware of it before departure, any changes in the identity of the air carrier(s).

JINKO undertakes that none of the airlines used will be on the European list of banned airlines or fail to belong to an officially recognized association of air carriers (IATA, ATAF, AEA, ATA, IACA, etc.). European list of banned airlines:

https://ec.europa.eu/transport/modes/air/safety/air-ban_fr.

Operating carrier: It may happen that airlines issuing the ticket and working in an alliance (code-sharing) have the flight operated by another company belonging to the same alliance.

Boarding: Unless otherwise stated in writing, passengers are required to check in, for reasons relating to air transport security, three (3) hours before the aircraft’s departure time shown on their ticket. The Check-in Deadline (Heure Limite d’Enregistrement, HLE) is the time after which passengers can no longer be boarded. It varies depending on the air carrier. In the event of failure to comply with the deadline, the reserved seats may be allocated to other travelers, and no refund may be made.

Loss or theft of air tickets: If the email containing the “e-ticket” is deleted, the Customer must submit a request to JINKO by telephone or email so that a new ticket can be sent.

Pre- and post-travel transport: If the Customer arranges their own pre- and/or post-travel transport, JINKO strongly advises booking modifiable and refundable tickets in order to guard against any financial loss resulting from a change, cancellation or delay of flights.

Information before departure: JINKO advises the Customer to check their emails or mobile phone regularly in order to be alerted in the event of flight changes or cancellations. In this respect, the Customer must report any change of email address or telephone number to JINKO without delay.

No-show at departure: If the Customer fails to show up at departure or check-in, or if the Customer is unable to take part in the trip in whole or in part, (failure to present the necessary documents such as passport, visa, vaccination certificate, or other causes, etc.) in the absence of any fault by JINKO the Customer will in no case be refunded on any basis whatsoever. JINKO cannot be held liable for the Customer’s failure to check in at the place of departure caused by any reason or a delay in air, rail or land pre-travel transport not arranged by JINKO, even if such delay results from a case of force majeure, a fortuitous event or the act of a third party.

Pregnant women: Airlines may refuse boarding to a pregnant woman. JINKO cannot be held liable for the airline’s decision. A medical certificate of good health with no contraindication to travel may also be required by certain airlines.

Children: Children under two (2) years of age are not allocated a seat. Unaccompanied children under fifteen (15) years of age are in principle refused boarding.

18. Important information: administrative and health formalities

Whatever the destination and the countries visited, the Customer must verify that each traveler (including children and infants) is in possession of a biometric passport with an integrated chip and digital photo, valid for at least 6 months after the return date of the trip, as well as any other document(s) (visa, ESTA authorization, family record book, authorization to leave the territory, etc.) required and compliant with the requirements for transiting through and/or entering the country/countries of travel and/or transit.

JINKO provides this information for all nationals of French nationality residing in France. It is the responsibility of each traveler to verify that their documents, in particular administrative and health documents, required for the completion of the trip, comply with the information provided by the organizer, it being specified that it is incumbent on the person who concluded the travel quotation/Contract to relay the information relating to the formalities to each of the travellers enrolled for the trip. JINKO cannot, in any case, be held liable for the consequences of any traveller’s failure to comply with police, customs or health regulations. A traveller who is unable to undertake a transport service (in particular a flight) for want of presenting the required documents mentioned in the sales Contract provided to them shall not be entitled to any refund.

Foreign nationals are advised to consult their consular authority.

For the formalities and information of the country/countries of travel, the organiser advises consulting the country fact sheets for the countries visited during the trip, available on the website of the French Ministry for Europe and Foreign Affairs (MEAE) www.diplomatie.gouv.fr, under the heading “Conseils aux Voyageurs / Conseils par pays”.

JINKO draws attention to the fact that the information may change up to the departure date and advises travellers to consult the official websites regularly. For certain destinations, the organiser may, as part of its duty to inform, have the MEAE fact sheet for the country/countries visited or crossed signed. This request does not constitute a waiver of liability.

https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs/

JINKO provides the health information available at the time the Contract is concluded. It is recommended to regularly consult the information disseminated by the competent authorities on the health risks of the country/countries of travel and to follow the recommendations and health measures to combat such risks, available on the websites http://solidarites-sante.gouv.fr (French Ministry of Solidarity and Health) or www.who.int/fr (World Health Organization).

Unless a service is expressly provided for in the Contract, JINKO is not required to verify the validity and conformity of travel documents, even if they have been provided by the Customer. Its obligation is limited to a duty to inform.

19. Non-responsibility

Jinko and its members, managers, owners, employees, affiliates, agents, contractors and representatives (“Representatives”) use third party Suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this trip. Jinko is an independent contractor and is not a Representative of any of these Suppliers. Jinko does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that supplies services related to your trip. All Suppliers are independent contractors and are not Representatives of Jinko All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each Supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Jinko, nor its Representatives are or may be liable for any loss, injury, or damage to any trip traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Jinko including in the event any third-party providers or healthcare professionals seek to assist with medical or other help and we are not liable for any costs or missed activities in relation to said assistance. Jinko assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Jinko assumes no responsibility or liability for personal property; and Jinko shall be entirely relieved of any obligations under these Terms and Conditions in the event of any force majeure. Jinko accepts no responsibility for lost or stolen items. Further, Jinko reserves the right to refuse any customer or potential customer at its sole discretion.

20. Assumption of risk/waiver

The travel that you are undertaking in connection with your trip inherently involves risks, some in remote areas of the world. These risks include, but are not limited to, risk of injury or death from: force majeure, motor and conveyance vehicle collisions, water related activities, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Jinko and its Representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, illnesses caused by COVID-19 (or other pandemics, infectious diseases, etc.), physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; equipment malfunctions; or a lack of safety features and/or failure to utilize any safety features.

Traveler understands the description of these risks is not complete and acknowledges that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip and in consideration of the services provided by Jinko, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel and is voluntarily participating in said travel with the knowledge that there are significant potential dangers and hereby agrees to accept any and all risks. FURTHER, TRAVELER HEREBY ACCEPTS AND ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF JINKO AND AGREES TO AND SHALL HOLD HARMLESS AND FULLY RELEASE JINKO AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS ASSOCIATED WITH THE TRIP, INCLUDING ANY CLAIMS OF THIRD PARTY NEGLIGENCE AND/OR THE NEGLIGENCE OF JINKO AND/OR ITS REPRESENTATIVES, AND TRAVELER HEREBY COVENANTS NOT TO SUE JINKO AND/OR ITS REPRESENTATIVES FOR ANY SUCH CLAIMS OR JOIN ANY LAWSUIT OR ACTION THAT IS SUING JINKO. THIS AGREEMENT ALSO BINDS YOUR HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. THE TERMS OF THIS HOLD HARMLESS AND RELEASE OF ALL LIABILITY PARAGRAPH, SHALL SURVIVE ANY TERMINATION OR CANCELLATION OF THESE TERMS AND CONDITIONS, WHETHER BY OPERATION OF LAW OR OTHERWISE.

21. Indemnification

Traveler agrees to and shall indemnify and hold harmless Jinko and its Representatives from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Jinko or its Representatives (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) your breach or violation, or threatened breach or violation, of these Terms and Conditions; (ii) any of your acts or omissions, including any damage caused by you to persons or property while participating in the trip, (iii) any force majeure or inherent risk of travel; or (iv) claims brought by third parties in connection with any of the foregoing. The terms of this INDEMNIFICATION paragraph shall survive any termination or cancellation of these Terms and Conditions, whether by operation of law or otherwise.

22. Class action waiver and limitation of damages

YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST JINKO IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. JINKO SHALL NOT IN ANY CASE BE LIABLE FOR OTHER THAN COMPENSATORY DAMAGES, AND YOUR PAYMENT OF A DEPOSIT ON A TRIP MEANS THAT YOU AGREE TO THESE CONDITIONS OF SALE AND EXPRESSLY WAIVE ANY RIGHT TO PUNITIVE DAMAGES. YOU FURTHER AGREE THAT IN NO EVENT SHALL JINKO’S LIABILITY TO YOU (OR ANY MEMBER OF YOUR TRAVELING PARTY, OR YOUR/THEIR HEIRS, SUCCESSORS AND ASSIGNS), FROM ANY CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, INDEMNITY, EQUITY, OR OTHERWISE), EXCEED THE AMOUNTS PAID TO JINKO FOR THE SERVICES JINKO PERFORMED AND PROVIDED TO YOU IN CONNECTION WITH THESE TERMS AND CONDITIONS, AND THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THESE TERMS AND CONDITIONS BY JINKO.

23. Jury waiver and notice of claim/intention to commence action

YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT NO CLAIMS WILL BE CONSIDERED AND THAT YOU WILL NOT BRING SUIT AGAINST JINKO UNLESS YOU HAVE FIRST PROVIDED A WRITTEN NOTICE OF CLAIM TO JINKO WITHIN THIRTY (30) DAYS AFTER THE TRIP OR CANCELLATION OF THE TRIP, FURTHER PROVIDED THAT YOU AGREE TO FILE SUIT WITHIN ONE (1) YEAR OF THE INCIDENT AND YOU ACKNOWLEDGE THAT THIS EXPRESSLY LIMITS THE APPLICABLE STATUTE OF LIMITATIONS TO ONE (1) YEAR.

24. Electronic communications

You consent to receive electronic communications, and you agree that all documents, notices, disclosures, and other communications that we provide to you electronically, via email or through text, satisfy any legal requirement that such communications be in writing.

25. Entire agreement & severability

These Terms and Conditions, including the terms and conditions of our Suppliers, and any other documents, including invoices, that we provide you constitutes the entire agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Jinko. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Failure by us to exercise or enforce any right or provision of these legally binding Terms and Conditions shall not constitute a waiver of such right or provision.