This electronic contract is between CharlieTheTraveler and the tour guide/driver who is to render service for CharlieTheTraveler’s customerele. This is the one and only contract between the two parties. By signing this electronic contract and clicking on the Submit button, you acknowledge that you have carefully read, fully understand and agree to everything in this electronic contract and agree that all documents attached hereto are fully incorporated and made a part of this agreement. You also acknowledge that you have authority to enter into this agreement and that no other signatories are necessary. The parties agree as follows:

1. SERVICES

CharlieTheTraveler hereby engages the tour guide/driver (sometimes also referred to as an ‘escort driver’) to provide services for its luxury tour operation (referred to in this electronic contract as the ‘Services’). The tour guide/driver shall at all times use commercially reasonable efforts and all due diligence in performing the Services and shall comply with all applicable laws and regulations. All Services shall be performed in accordance with generally accepted professional standards and to CharlieTheTraveler’s reasonable satisfaction. The tour guide/driver will do the following:

  • On this page, in the field “The Final Letter/Itinerary for the Travelers/Customers,” you are to upload a PDF document which serves as an instructional manual for the customer and you alike. By signing this electronic contract and clicking on the Submit button, you are stating that in the PDF document you are uploading, you have carefully read, fully understand and completely agree to the section of this letter which lists your full name as the tour guide/driver. Airfare, airport arrival and departure fees, hotel bookings and any potential international land border-cross fees are not included in the price you and CharlieTheTraveler are agreeing upon. Everything else mentioned in the PDF document is, including-but not limited to-all non-air transportation (such as ground transportation), entry fees, mentioned activities and tour guiding.
  • You hereby state that you have the proper government-issued business license for the work you are conducting as well as fully comprehensive errors and omissions insurance with adequate coverage for any monetary damage you may cause.
  • It is your responsibility to uphold CharlieTheTraveler’s standards and safety practices. Examples include-but are not limited to: (1) Everyone must be wearing a seatbelt on all rides, regardless of the duration of the ride. (2) The seatbelts must be working properly. Check before driving. (3) Absolutely no alcohol consumption is allowed while on the job. (4) You are not to smoke in the presence of CharlieTheTraveler’s customers, not least when in a vehicle. We do not want the vehicle to smell like smoke anytime CharlieTheTraveler’s customers are inside of it. (5) You cannot be physically holding the phone while driving-no exceptions. We strongly recommend you use a magnetic phone holder, to be clipped onto your rearview mirror. We also recommend you bring a headset with you. (6) There is to be no speeding on the road and no tailgating (getting too close to other cars). Also, CharlieTheTraveler is in no way responsible for any driving fine you may get (from speeding, parking illegally, etc.). (7) Unless CharlieTheTraveler’s customers request otherwise, do not take them anywhere which is not written on the itinerary letter, especially to shops which give tour guides kickbacks for purchases. (8) Remind CharlieTheTraveler’s customers that while they have the freedom to remove attractions from the itinerary (such as because they are tired or wish to spend more time at other attractions), we kindly ask they make the request-in writing-to the assigned CharlieTheTraveler booking agent at least 24 hours in advance. (9) Other than if a customer requests to simply remove some of the attractions, you do not have permission to make any changes to the itinerary whatsoever. Any proposed changes must be approved ultimately by CharlieTheTraveler, in writing. (10) You are never to ask CharlieTheTraveler’s customers to pay for your food and/or drinks. (11) You are not to ask CharlieTheTraveler’s customers for a tip in any way. CharlieTheTraveler encourages customers to tip and we do not want to make them uncomfortable by you asking as well. They almost always tip, but again, please do not mention it. (12) Do not attempt to sell anything to CharlieTheTraveler’s customers. There is to be no business transactions between you and CharlieTheTraveler’s customers, even if CharlieTheTraveler’s customers want to add extra services to the tour. If a customer requests extra services, the process and payment must go through CharlieTheTraveler unless CharlieTheTraveler management makes an exception, in writing. (13) All entry fees are always included in the tour and in the price CharlieTheTraveler and the tour guide/driver have agreed on, so never ask customers to pay them. (14) You are perceived not only as a tour guide/driver but also as a ‘leader’. If there is a sudden problem which needs to get solved (examples an attraction isn’t open on time or your vehicle isn’t working), do not complain to CharlieTheTraveler’s customers. Solve the problem(s) without customer assistance. Don’t make them stress out for nothing. (15) Do not discuss with CharlieTheTraveler’s customers any of your personal problems, whether health, family, financial or other. Again, as a ‘leader’, you are expected to help customers forget about their problems, as opposed to telling them about your problems. (16) Even at the request of a CharlieTheTraveler customer, there is to be absolutely no discussion about current political affairs and/or why you may believe your religion is ‘the right one’. Discussing politics and religion only from a historical perspective is permitted. If a CharlieTheTraveler customer brings up current political affairs and/or wants to critique a religion, then quickly shift the conversation to something more positive: food, music, culture, etc. (17) On the topic of history, we discourage you from going into such detail when explaining things to our customers. Usually, a quick overview will be enough. If a customer wants more information, he or she will almost always ask for it. Keep it basic unless the customer requests for more information. (18) Do not-in any fashion-make sex jokes and/or flirtatious remarks. (19) Do not curse/swear in any language in front of CharlieTheTraveler’s customers. (20) If on the road, there is no nearby bathroom and you urgently need to step out of the car to urinate, by all means, hide yourself from CharlieTheTraveler’s customers. When you return to the vehicle, make it obvious you are cleaning your hands with hand sanitizer, which incidentally should be in your vehicle at all times. (21) Every morning, the hand sanitizer in your vehicle should be full and available at all times to CharlieTheTraveler’s customers. (22) Ultimately it is you (as opposed to, for example, a hotel bellboy) who are expected to assist CharlieTheTraveler’s customers with their luggage. If a bellboy assists then great, but you are not to rely on this. (23) You are never permitted to ask CharlieTheTraveler customers to write a review about anything related to the tour. Asking for such a review is solely CharlieTheTraveler’s right. (24) Do not tell CharlieTheTraveler’s customers for how long you have worked with CharlieTheTraveler. (25) Do not take photos and/or videos of a CharlieTheTraveler customer without his or her written permission. (26) Do not speak poorly of CharlieTheTraveler and/or its staff members to any CharlieTheTraveler customer. (27) If any problem/issue arises involving any CharlieTheTraveler customer, you are to report it, in writing, to CharlieTheTraveler immediately. (28) Never inform any CharlieTheTraveler customer how much you are getting or got paid by CharlieTheTraveler. (29) At the end of each day, get written confirmation via WhatsApp from all CharlieTheTraveler customers that they have left no valuables in your vehicle. Valuables are not allowed to be left overnight in your vehicle.
  • In the case that a CharlieTheTraveler customer has an emergency (examples include-but are not limited to-family or medical emergency, a natural disaster and a political crisis) during the course of the rendered services, the tour guide/driver agrees to take all necessary actions within reason to assure the safety and well-being of the CharlieTheTraveler customer.
  • The tour guide/driver agrees to take reasonable steps to minimize the likelihood of the customer riding in an unsafe vehicle. Examples of an unsafe vehicle include-but are not limited to-broken or no seat belts, non-working lights, engine fumes, balding tires and even poor air conditioning. Moreover, the tour guide/driver agrees to use only the vehicle(s) CharlieTheTraveler management has already approved, in writing.
  • Other than CharlieTheTraveler’s customers’ uninfluenced desire to tip for good service, there is to be absolutely no monetary exchange between you and CharlieTheTraveler’s customers. This included-but is not limited to-entry fees, gas for the car, luggage assistance, photo-taking and changes to the itinerary. Any changes to the itinerary must be approved-in writing-by CharlieTheTraveler management and paid by CharlieTheTraveler, never by CharlieTheTraveler’s customers directly unless CharlieTheTraveler management makes an exception in writing. Violation of this strict policy shall be considered a material breach of contract and will result in CharlieTheTraveler immediately receiving a 100 percent refund to the credit card used for payment to you.
  • CharlieTheTraveler’s customers are to be treated with the utmost respect. You agree to do everything, reasonably speaking, in your power to accommodate their needs. You are essentially the ‘leader’ of the tour. Any issues which may arise with the customer must be handled by you. Examples include-but are not limited to-a customer needing to see a doctor due to sickness and a customer needing to vacate a hotel due to safety and/or sanitary issues. Nevertheless, any issue which may arise must be reported to CharlieTheTraveler, in writing, immediately.
  • While guiding CharlieTheTraveler’s customers, you cannot uphold CharlieTheTraveler’s safety standards if you are inaccessible and/or unavailable. You hereby agree to always have your phone and sound turned on for CharlieTheTraveler’s customers from the evening before physically greeting them until the time you say goodbye and part ways. You hereby agree never to have your phone turned off or allow it to lose battery while leading CharlieTheTraveler’s customers. You are essentially ‘on call’ for CharlieTheTraveler’s customers, including during the middle of the night should an issue arise. Should a CharlieTheTraveler customer call or message you and have 3 failed attempts to reach you in a time span of 6 hours or longer, then this shall be considered a material breach of contract and will result in CharlieTheTraveler immediately receiving a 100 percent refund to the credit card used for payment to you. If you are experiencing reception issues where you are sleeping, then ensure CharlieTheTraveler’s customers have a landline number where you can be reached quickly.
  • Disagreements are a normal part of doing business. CharlieTheTraveler accepts this and will work with you to render solutions. What CharlieTheTraveler has zero tolerance for is badmouthing (speaking poorly of) CharlieTheTraveler and/or its staff members specifically to CharlieTheTraveler’s customers. Examples include-but are not limited to-expressing doubt about CharlieTheTraveler’s and/or its staff members’ intelligence and/or competence and informing customers that there is discord between a tour guide/driver and CharlieTheTraveler and/or its staff members (a.k.a. representatives). Should any customer report to CharlieTheTraveler that you have badmouthed CharlieTheTraveler and/or its representatives in any fashion, this shall be considered a material breach of contract and will result in CharlieTheTraveler immediately receiving a 100 percent refund to the credit card used for payment to you. Under such circumstances, CharlieTheTraveler shall also have the right to replace you immediately.
  • CharlieTheTraveler reserves the right to change the names of participants/group members/customers up to the date of departure. You hereby agree that there will be no additional charges should CharlieTheTraveler decide to do so.
  • The tour guide/driver is solely responsible for ensuring all accurate vouchers and e-vouchers are provided to CharlieTheTraveler’s customers.
  • Any changes the tour guide/driver wishes to make to the itinerary must be approved, in writing, by CharlieTheTraveler. Should the tour guide/driver make changes to the itinerary without CharlieTheTraveler’s written consent, then this shall be considered a material breach of contract and will result in CharlieTheTraveler immediately receiving a 100 percent refund to the credit card used for payment to you.
  • Photos and/or videos are not to be taken of any CharlieTheTraveler customer without his or her written consent. The exception to this is if the photo and/or video is taken with the customer’s phone or camera, per the customer’s verbal or written request. Violating this policy of CharlieTheTraveler shall be considered a material breach of contract and will result in CharlieTheTraveler immediately receiving a 100 percent refund to the credit card used for payment to you.
  • Any photo and/or video taken by the tour guide/driver which-in any way-show CharlieTheTraveler’s customers are the exclusive property of CharlieTheTraveler.

2. TERM

This Agreement shall remain in effect until terminated in accordance with the section titled ‘TERMINATION’.

3. CONFIDENTIALITY OF PRICING

All pricing for the tour guide/driver’s services is to be held in strict confidence. Any disclosure of pricing to the customer by the tour guide/driver shall be considered a material breach. Should the tour guide/driver make this material breach, then this shall be considered a material breach of contract and will result in CharlieTheTraveler immediately receiving a 100 percent refund to the credit card used for payment to you. Moreover, CharlieTheTraveler will be relieved of any duty or obligation to pay any fees to you. CharlieTheTraveler would reserve the right to hire another tour guide/driver to complete the tour.

4. CONFIDENTIALITY AND INJUNCTIVE RELIEF

During the term of this agreement, you may receive or have access to confidential materials and information of CharlieTheTraveler and/or its customers. All such materials and information in written, electronic and oral form are referred to herein as “Confidential Information” and constitute the exclusive property of CharlieTheTraveler and/or its customers. The tour guide/driver shall hold in confidence and shall not disclose to any third party any Confidential Information of CharlieTheTraveler. The tour guide/driver shall use such Confidential Information only for the purpose for which it was disclosed and only in the course of performing its duties for CharlieTheTraveler. The tour guide/driver shall be liable to CharlieTheTraveler for any breach of this section. The confidentiality obligations of this section shall survive the expiration or termination of this agreement for a period of one year.

Without limiting either party’s remedies in any way, the tour guide/driver acknowledges and agrees that any actual or threatened breach of the confidentiality and non-use obligations in this agreement relating to the Confidential Information would cause irreparable harm to CharlieTheTraveler for which remedies at law would not be adequate. Therefore, in the event of any breach or anticipatory breach of this section, CharlieTheTraveler shall be entitled to specific performance and other injunctive and equitable relief without limiting any of its other available rights and remedies.

5. CANCELLATION

Once payment has been made to you, the price is ‘locked in’. This means there are no additional charges unless changes-approved in writing by both parties-are made to the itinerary. CharlieTheTraveler pays upfront, at the full amount. CharlieTheTraveler reserves the right to cancel the tour and receive a 100 percent refund if notice is given in writing at least 14 days before the tour is scheduled to begin. If notice is given between 13 and 4 days before the tour is to commence, then you are to provide CharlieTheTraveler with a monetary credit equivalent to what CharlieTheTraveler has paid for the tour. This credit can be used for future tours, up to one year from the date in which the paid-for tour has been cancelled. A future tour is to have the same pricing as the tour which is cancelled as long as there are no changes to the itinerary. Changes to the itinerary may cause a price difference and cost adjustments must ultimately be decided by both parties in writing. As aforementioned, CharlieTheTraveler would have up to 1 full year to use the monetary credit. Should you not honor the credit within a year’s time, then this will result in CharlieTheTraveler immediately receiving a 100 percent refund to the credit card used for payment to you. No refunds are given if requested by CharlieTheTraveler less than 4 days before the tour is to commence unless you are at breach of this electronic contract or there is an ‘Act of God’ (example nature disaster), war, riots, epidemics, pandemics, strikes, an act (or order) of public authority and/or on-sight mechanical difficulties (such as a power failure). In any such cases, CharlieTheTraveler is to receive a 100 percent refund to the credit card used for the purchase of the cancelled tour.

While on the tour, 100 percent ‘prorated’ refunds are to be immediately sent to the credit card used to pay you specifically when CharlieTheTraveler’s customer is not at fault. Examples include-but are not limited to-a day tour getting cancelled due to bad weather and the customer not being picked up on time to make a day tour on time.

Should a CharlieTheTraveler customer misbehave (examples include-but are not limited to-intoxication and a severe lack of cooperation), then you are required to inform CharlieTheTraveler management immediately, in writing. Both parties must agree, in writing, to a reasonable solution. CharlieTheTraveler agrees to be prompt in addressing your concern(s). Nonetheless, should you unilaterally cancel the customer’s tour while the customer is on the tour for any reason other than a material breach of this electronic contract, then you agree to immediately reverse to the credit card used for payment a 100 percent prorated refund. Moreover, should you unilaterally cancel the customer’s tour while the customer is on the tour for any reason other than a material breach of this electronic contract, then CharlieTheTraveler would be relieved of any duty or obligation to pay any fees to you.

6. INDEMNITY

Except for CharlieTheTraveler’s gross negligence or willful misconduct, the tour guide/driver shall indemnify, defend and hold CharlieTheTraveler harmless from any liability, loss, claim, injury, damage or expense (including reasonable attorneys’ fees and costs) incurred by CharlieTheTraveler as a result of and to the extent of: (i) any negligent or willful act or omission by the tour guide/driver in the performance of the services: (ii) any material breach of this agreement by the tour guide/driver, (iii) any claim by third party for injury, loss, damage or costs caused by negligent or willful act or omission by the tour guide/driver and/or (iv) any claim by any third party for payment for goods or services ordered by the tour guide/driver on behalf of CharlieTheTraveler (not least without CharlieTheTraveler’s prior written approval) or for which CharlieTheTraveler has previously reimbursed the tour guide/driver.

7. LIMITATION OF LIABILITY

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS. BOTH PARTIES UNDERSTAND AND AGREE THAT THE REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCOMFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY APPLICABLE LAWS. THE FEES HEREIN REFLECT AND ARE SET IN RELIANCE UPON THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH IN THE AGREEMENT.

8. PAYMENT TO THIRD PARTIES

The tour guide/driver shall at all times remain primarily liable for the full and proper performance of all of his or her obligations under this agreement. If the services require the tour guide/driver to pay any permitted third parties, the tour guide/driver agrees that it shall promptly disburse funds received from CharlieTheTraveler to the appropriate third parties.

9. SUBCONTRACTING

The tour guide/driver may not subcontract any work whatsoever to third parties without CharlieTheTraveler’s knowledge and prior written consent. Violation of this requirement shall be considered a material breach of contract and will result in CharlieTheTraveler immediately receiving a 100 percent refund to the credit card used for payment to you.

10. TERMINATION

  • The parties may terminate this agreement only by mutual consent of the parties except upon any material breach of this agreement by the other party. In other words, either party may terminate this agreement immediately only upon any material breach of this agreement by the other party.
  • Upon receiving any notice of termination (due to any material breach) from CharlieTheTraveler, the tour guide/driver shall not and will not attempt to cancel any reservations or bookings already made or induce, encourage or solicit any subcontractor to cancel any pending reservations or bookings. The tour guide/driver shall use its best efforts to refrain from entering into any non-cancelable commitments with third parties following its receipt of the notice of termination and make reasonable efforts to mitigate any further fees or authorized expenses associated with the services. The tour guide/driver shall transfer to CharlieTheTraveler all booking information for reservations already secured.
  • CharlieTheTraveler’s liability following termination of this agreement (due to any material breach) shall be limited to the pro rata portion of the tour guide/driver’s compensation under this agreement, based on the services performed prior to termination and for any non-cancelable commitments entered into by CharlieTheTraveler prior to notice of termination. Notwithstanding the foregoing, in the event which CharlieTheTraveler terminates this agreement as a result of a material breach of this agreement by the tour guide/driver, the tour guide/driver agrees to immediately refund CharlieTheTraveler 100 percent of fees paid to the tour guide/driver to the credit card used for the transaction. Moreover, CharlieTheTraveler will be relieved of any duty or obligation to pay any fees to the tour guide/driver.
  • If an Act of God (such as a natural disaster), war, riots, epidemics, pandemics, strikes, an act (or order) of public authority and/or on-sight mechanical difficulties (such as a power failure) should render the services contemplated by the contract impossible, the parties shall not be liable to one another for direct or consequential damages they sustain. In such an event, the parties shall attempt to reschedule the trip for another mutually convenient date and time. If rescheduling is not possible, such as because the customer does not have more vacation time, then the contract shall become null and void upon either party’s written notification to the other at its last known email address. In such an event, the tour guide/driver agrees to immediately refund CharlieTheTraveler 100 percent of fees paid to the tour guide/driver to the credit card used for the transaction. Moreover, CharlieTheTraveler will be relieved of any duty or obligation to pay any fees to the tour guide/driver.

11. BUSINESS IDENTIFIERS

Neither party shall use the trade name, logos and/or trademarks of the other party and/or its products or services without the other party’s prior written consent.

12. INDEPENDENT CONTRACTOR

The tour guide/driver’s status hereunder shall be that of an independent contractor and not an agent or employee of CharlieTheTraveler. Any permits and/or licenses required for the tour guide/driver to conduct the services are the sole responsibility of the tour guide/driver, as are any expenses related thereto. Nothing herein will be deemed to create any other relationship between the parties including, without limitation, a partnership relation, an agency relation or an employer/employee relation. In no event shall the tour guide/driver have any authority to enter into any contract or commitment in the name of or on behalf of CharlieTheTraveler and the tour guide/driver shall not hold itself out as having authority to do so without CharlieTheTraveler’s prior written authorization, except as permitted by the agreement.

13. ASSIGNMENT: BINDING EFFECT

The tour guide/driver may not assign this agreement or delegate any right or obligation (except as defined in this electronic contract) without CharlieTheTraveler’s prior written consent. This agreement is binding upon the heirs, personal representatives, successors and permitted assigns of both parties.

14. CONTROLLING LAW

The validity, interpretation and performance of this agreement and any dispute connected herewith shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of laws principles unless the parties mutually select a different venue.

15. AMENDMENT: NO WAIVER

Any amendments or modifications to this agreement shall be done in writing and signed by authorized representatives of both parties. Either party’s failure to insist on compliance or enforcement of any provision of this agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this agreement.

16. ENTIRE AGREEMENT

This agreement-including any vouchers and the itinerary letter-contains the entire agreement of the parties with respect to the subject matter hereof and supersede any prior written or oral agreements or understandings.

17. SEVERABILITY

If any provision of this agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this agreement shall not be affected by such determination and shall be binding upon the parties and shall be enforceable as though said invalid or unenforceable provision (or portion thereof) were not contained in this agreement.

18. ATTORNEYS’ FEES

In the event of a dispute to resolve any claim made by either party hereto, the substantially prevailing party shall be entitled to its attorneys’ fees and costs incurred in such litigation.

19. NOTICES

All notices required by this agreement shall be sent via electronic mail to Info@CharlieTheTraveler.com

    This agreement is valid indefinitely, or as long as the law permits.

    You certify that you are at least 18 years old.

    You have carefully read, fully understand and entirely agree to this terms and conditions and release and waiver agreement.

    If this contract is acceptable to you, then please sign it in the box below. You can use your mouse or finger, depending on the device you are on.