Hong Kong Express Airways Limited Terms and Conditions Of Carriage
This Ticket is Not Valid and Will Not Be Accepted for Carriage Unless Purchased from Issuing Carrier or its Authorised Agent
CONDITIONS OF CONTRACT
1) As used in this contract, "ticket" means the document titled passenger ticket and baggage check, or the itinerary/receipt, if applicable, in the case of an electronic ticket, issued by or on behalf of the carrier, which incorporate these conditions and; "carriage" is equivalent to "transportation"; "carrier" means Hong Kong Express Airways Limited; "electronic ticket" means the Itinerary/Receipt issued by or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document.
2) To the extent not in conflict with the foregoing, carriage and other services performed by each carrier are subject to: (i) provisions contained in the ticket; (ii) applicable tariffs; (iii) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier). These conditions of carriage apply to all carriage by air of passengers and baggage for reward by carrier, including reduced fare and gratuitous carriage, except to the extent the carrier states otherwise in tickets or boarding passes. These conditions of carriage apply to charter flights only if they are incorporated by reference by the terms of the charter agreement and/or the charter ticket. To the extent that any provision contained in these conditions of carriage is contrary to the provisions of the Montreal or Warsaw Conventions, where applicable, or any applicable laws, regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply, but the other provisions shall remain valid. Except as provided herein, in the event of inconsistency between these conditions of carriage and carrier's regulations, these conditions of carriage shall prevail, except where tariffs in force in the United States apply, in which case the tariffs shall prevail.
3) Carrier's name may be abbreviated in the ticket- its full name and abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carrier's timetables as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
4) An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its agent.
5) Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
6) Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation, complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from the date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.
7) A ticket is good for carriage on the flight(s) and date(s) specified on the ticket. As per carrier’s tariffs, conditions of carriage and related regulations, it may be possible to change the flight(s) and/or date(s). The fare for carriage hereunder may be subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid. The ticket is only valid for transportation on the flight(s) specified in your booking between the origin airport specified and the destination airport specified. The ticket is not valid for ground transportation between airports, to/from airports or between airports and city terminals. Open tickets are not permitted.
8) Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections to/from other carrier’s flights or for itineraries not sold on the same ticket.
9) Passenger shall comply with Government travel requirements and shall present exit, entry and other required documents and shall arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.
10) Passenger authorizes carrier to obtain personal data as may be provided for purposes of making a reservation, issuing a ticket, providing carriage and related services, immigration and entry requirements, and as required by government agencies. Passenger authorizes carrier to retain such data and share it with its own offices, other carriers and government agencies.
11) Carrier is required by the U.S. Transportation Security Agency’s (TSA’s) Secure Flight Program to collect the following information for flights to and from Guam or Saipan: the passenger’s full name as it appears on approved government-issued identification; date of birth; gender; redress number (optional). A ticket may be cancelled if this information is not provided at least 72 hours before the scheduled departure.
12) No agent, servant or representative of carrier has the authority to alter, modify or waive any provision of this contract.
CARRIER RESERVES THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR CARRIER'S TARIFFS, RULES OR REGULATIONS.
CONDUCT ONBOARD AIRCRAFT AND AT AIRPORT
1) You must behave appropriately at all times whilst in the airport and on board the aircraft. In particular (but not limited to these examples) you must not:
- contravene any applicable law (e.g. by being drunk on board an aircraft);
- conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board;
- obstruct the crew in the performance of their duties;
- fail to comply with any instruction of the crew;
- use any threatening, abusive or insulting words or actions towards the crew or other passengers;
- behave in a disorderly manner or in a manner to which other passengers may reasonably object;
- fail to comply with the terms of any document signed by you following contravention of one or more of the preceding conditions on a previous flight with us.
2) If, in our reasonable opinion, you have failed to behave as required by 1) either in the airport or on board the aircraft or we consider you unfit to fly:
- you may be prosecuted for offences committed on board the aircraft;
- we may decide (in our reasonable discretion) to cancel your flight prior to take-off and/or, after take-off;
- divert the aircraft to offload you, in which case you must pay to us all costs and expenses which we incur of any nature whatsoever as a result of or arising out of that diversion;
- we may decide to cancel any return flight or other future flights you have with us, without refund;
- we may take any other measures we deem necessary to prevent continuation of your inappropriate conduct, including your restraint or removal from the aircraft or airport.
In all of the above circumstances, you shall not be refunded the price of your booking, and we shall not be liable for any costs you incur as a result of us refusing carriage.
You will indemnify us for all costs and expenses (including the legal costs we incur in bringing any action against you) arising from your improper conduct on board the aircraft including (but not limited to) any damage caused to the aircraft.
3) Only alcoholic drinks purchased on board may be consumed during your flight. Hong Kong Express reserves the right to serve alcoholic drinks to customers at our absolute discretion.
ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATION OF LIABILITY
Passengers on international journeys are advised that international treaties known as the Montreal Convention or the Warsaw Convention (the “Conventions”) may apply to your journeys. These Conventions may limit our liability in the event of death or bodily injury, loss of or damage to baggage, and delays, and may also place time limitations on related claims. Please contact us for further information as to the specific limits applicable to your journeys. If your journeys involve carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
NOTICE TO PASSENGERS
1) Reconfirmation of seats NOT required.
Hong Kong Express Airways' passengers are not required to reconfirm their seats prior to departure.
2) Check-In Time
Passengers are advised to check in at least 2 hours before the scheduled time of departure of the flight. For passengers' convenience, check-in counters are open 3 hours before the scheduled time of departure. Check-in counters will close 60 minutes prior to the scheduled departure time. However, please note that Airport Express in-town check-in counters will close 1.5 hours prior to the scheduled departure time. To ensure an on-time departure, the boarding gate for all Hong Kong Express Airways' flights will close 20 minutes before the scheduled departure time. Passengers arriving after this time will normally not be accepted on the flight and no responsibility will be accepted by the carrier in such cases. The value of the ticket will be forfeited in such cases.
3) Connecting Flights
The minimum connecting time for all onward connections at Hong Kong International Airport shall be not less than 180 minutes. Passengers intending to connect flights with another carrier should satisfy themselves that sufficient connection time is available before the onward booking is made.
4) Check-in Baggage
Check-in baggage must be packed properly. The carrier will NOT take any responsibility under the following circumstances:
(i) Damage to baggage or protruding parts such as wheels, stand, pull straps/ telescopic handles, hanger/ hooks, loose flaps, pockets or attached items resulting from ordinary wear and tear; and
(ii) Baggage labelled with Limited Release Tag indicating that it was found damaged during acceptance.
5) Limitation of Check-in Baggage
The normal maximum weight of each check-in baggage will be 32kg on Hong Kong Express Airways' flights, with the total measurement not exceeding 158 linear centimetres and subject to Hong Kong Express Airways' discretion. Passenger with any single piece of check-in baggage weighing more than 32kg will be advised that baggage will not be accepted for carriage.
6) Free Check-in Baggage Allowance
Check-in baggage allowance varies by fare type. Certain fare types do not include any check-in baggage allowance and an allowance is available for purchase for an additional fee, while others include a minimum free check-in baggage allowance. For additional details, please see the fare rules and terms and conditions specified on hkexpress.com, from a Hong Kong Express Airways Reservations Office, Call Centre or Authorized Agent. Infants not occupying a seat have no check-in baggage allowance. Excess weight above the free or paid allowance may be accepted for a fee.
7) Free Cabin Baggage
The following articles may be carried free of charge over and above the free baggage allowance:
Small size handbag or purse or one lap-top computer; Umbrella or walking stick; Small camera and/ or a pair of binoculars; Reasonable amount of reading matter for the flight; Infant's food for consumption in flight and infant's carrying basket (when the infant is travelling); Canes, crutches or other prosthetic devices for the passenger's use provided the passenger is dependent upon them; and Duty-free items.
One piece of hand baggage suitable for placing in the closed overhead rack or under passenger's seat, with the total measurements not exceeding 115 linear centimetres (36 + 56 + 23cm) and the weight not exceeding 7kg. Charges are applicable from Sept 1 2014 onwards.
Note: Maximum dimensions = sum of height, length and width
The above are subject to the discretion of Hong Kong Express Airways.
8) Prohibited Items
Passengers shall not include in carry on or checked baggage any items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Safe Transport of Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA), Dangerous Goods Regulations. Passengers also shall not include any item which is prohibited by the applicable laws, regulations or orders of any country or state to or from which a flight is made.
For safety reasons, dangerous goods, including but not limited to those listed below, must not be carried in passenger's baggage (check-in or cabin);
Attached briefcases with installed alarm devices;
Explosives, munitions, fireworks and flares; compressed gases (flammable, non-flammable or poisonous) such as butane, propane, aqualung cylinders, lighter fuels or refills; flammable liquids such as paints and adhesives; flammable solids such as "strike anywhere matches" and articles which are easily ignited; poisons such as arsenic, cyanides insecticides, weed killers; Radioactive materials; Corrosive materials such as acids, alkalis, mercury and wet cell batteries; and any other substances which during air transport present a danger not covered above, such as magnetized, offensive or irritating material.
Notwithstanding the above, medicines and toiletries in limited quantities which are necessary or appropriate for the passenger during the flights, such as hair sprays, perfumes and medicines containing alcohol, may be carried. Further information is available on request.
For passengers traveling to or from Guam or Saipan, carrier will transport wheelchairs or other mobility assistance devices if the carriage complies with the safety and hazardous material requirements of the U.S. Department of Transportation. Please contact carrier in advance of your flight for additional information.
U.S. federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals.
There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative.
Passengers consent to the search, scan or x-ray of their persons and baggage for security purposes by carrier or government or airport officials. Baggage may be inspected in your absence.
9) Security Note to Passengers for Cabin Baggage
A directive from the Hong Kong Civil Aviation Department forbids passengers from carrying certain items onto the cabin of the aircraft for all flights departing at Hong Kong International Airport.
These include: knife and knife-like object of any length and description; bladed items, including but not limited to household cutlery, cutters, scissors or razor blades; toy guns.
10) Travel Documents
It is the responsibility of passengers to ensure that their travel documents are valid and that they hold all necessary visas and medical certificates for entry into their destinations. Carrier reserves the right to refuse carriage if any passenger fails to comply with such requirements. Carrier will not be liable for any loss or expenses incurred by the passenger as a result of passenger being refused entry into their destination.
11) Notice of Government Imposed Taxes and Charges
The price of this ticket may include taxes, fees and charges which are imposed on air transportation by government authorities. These taxes, fees and charges, which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the "TAX/FEE/CHARGE" box(es) of this ticket. You may also be required to pay taxes or fees or charges not yet collected.
12) Overbooking Policy
In order to minimize the influence of no-shows and to enable seats to be used by passengers who otherwise would not be able to travel on their chosen flight, Hong Kong Express Airways and most major airlines may undertake overbooking on their services. By careful monitoring and control, we do our utmost to match the number of available seats to the number of passengers that we expect will show up on the flight. In addition, the occurrence of any force majeure events (e.g. act of god, war, adverse weather conditions, political or military acts, or any other events that are not controllable by Hong Kong Express Airways) may also lead to overbooking of flights and that the availability of seats cannot be guaranteed for such reasons. Whilst Hong Kong Express Airways makes every effort to provide seats for which confirmed reservations have been made, no absolute guarantee of seat availability is denoted by the expression reservations, bookings, status and the timings attached to them. Hong Kong Express Airways operates compensation schemes, in accordance with the applicable law and our compensation policy to passengers with confirmed reservations who are involuntarily denied carriage because of non-availability of seats.
The following rules apply only to passengers traveling from Guam or Saipan to a point outside of the U.S. who are denied boarding involuntarily from an oversold flight originating in Guam or Saipan:
There is no compensation to a passenger who is denied boarding for a flight originating in Guam or Saipan if carrier offers comparable air transportation, or other transportation used at no extra cost at the time such arrangement is made is planned to arrive at the passenger’s first stopover, or if none, final destination no later than one hour after the planned arrival time of the passenger’s original flight or flights. Compensation for denied involuntary boarding when the delay in planned arrival time to the first stopover, or if none, final destination from the alternative transportation is between one and four hours shall be 200% of the one-way fare, up to a maximum of 675 U.S. Dollars. Compensation for denied boarding when the delay in planned arrival time to the first stopover, or if none, final destination from the alternative transportation is more than four hours shall be 400% of the one-way fare, up to a maximum of 1350 U.S. Dollars
No compensation due to overbooking will be provided if a passenger has not fully complied with carrier’s ticketing and check-in time requirements, did not comply with the terms of these conditions of carriage or tariff, if the flight is canceled, if for operational or safety reasons the carrier substitutes an aircraft having lesser seating capacity than the aircraft originally scheduled, or the carrier is able to place you on another flight that reaches the passenger’s final destination within one hour of the planned arrival of the original flight.
Prior to denying boarding to a passenger with a confirmed reservation, carrier will ask for volunteers first and if there are not enough volunteers then the carrier will deny boarding according to its boarding priority rules.
13) Fares, Rules & Fees
Some provisions of Hong Kong Express Airways’ fares differ depending on the fare booked and ticketed; please see the fare rules and terms and conditions specified on hkexpress.com, via Hong Kong Express Airways Reservations Office, Call Centre or Authorized Agent or listed on your booking itinerary for more detailed information. Other provisions are common to all fares and are listed below. Subject to compliance with local laws and to the extent such local laws at point of sale are applicable.
For flights to and from Guam or Saipan:
a) The price of the ticket is the full price inclusive of all taxes, fees and carrier charges for the carriage of the passenger, but not including optional baggage fees or charges or fees, taxes and charges for additional products or services provided by carrier.
b) Tickets for flights to and from Guam or Saipan that are purchased seven or more days prior to departure may be cancelled and the full fare will be refunded for up to 24 hours from the time the ticket was purchased. After 24 hours, carrier’s normal cancellation and refund rules apply.
c) Baggage fees may be found at //www.hkexpress.com/en-hk/plan/our-fares/our-fees. Fees for carry-on and first and second checked bags may be found on the passenger’s electronic ticket, and the passenger will be subject to the baggage allowances and fees that apply at the beginning of his or her itinerary for the entire itinerary.
For all other flights:
a) Fares are non-refundable;
b) If you do not travel, Hong Kong Express Airways may refund certain taxes and charges to you provided that:
a. Hong Kong Express Airways does not remain obliged to remit the tax or charge to the body (e.g. airport or government) on whose behalf it was collected;
b. You should submit within 90 days unless stipulated by relevant laws or regulations. Please inquire with our call center.
c. A reasonable administration fee, as listed in the Fees Chart, will be deducted from the amount. If the administration fee exceeds the amount of refund, no refund will be paid.
Fees: Payment for any product or service offered and provided by Hong Kong Express Airways is non-refundable.
Any payment for products or services marketed or offered by Hong Kong Express Airways, but provided by a third party, are governed by that provider’s terms and conditions.
Exception to Rules: If after having purchased your ticket, you are prevented from travelling on the date of the Ticket by reason of serious injury, such serious injury must be attested to by a medical certificate. We may extend the period of validity of your Ticket for no more than two (2) months from the date shown on the medical certificate, subject to space being available on the alternative flight and fare difference. However, the period of validity of Tickets of other members accompanying you will not be extended in such circumstances.
If after having purchased your ticket, the Tickets of the persons accompanying the Passenger may be modified by extending the validity. In the event of a death in the immediate family (Father, Mother, Son, Daughter, Brother, Sister, Husband, Wife, Grandparent, Grandchildren, Father/Mother-in-Law, Brother/Sister-in-Law) of a Passenger who has commenced travel, the validity of the Passenger's Tickets and those of his or her immediate family who accompanied the Passenger may likewise be modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall not be for a period longer than two (2) months from the date of the death, subject to space being available on the alternative flight and fare difference.
14) Special Assistance & Extra Seats
If you require special assistance – including, but limited to that you use a wheelchair, are blind, are deaf, utilise a service animal, you must notify Hong Kong Express Airways in advance via a Hong Kong Express Airways Reservations Office, Call Centre or Authorised Agent. Any booking fee may be waived if you completed a booking via hkexpress.com first – or in all cases for blind passengers. Passengers must be able to travel unaccompanied under her/his own power or travel with an accompanying adult.
If you require an extra seat – for a musical instrument or other article – you must book via a Hong Kong Express Airways Reservations Office, Call Centre or Authorised Agent. The prevailing fare for the extra seat will be charged. In order to arrange for adjacent seats, advance seat assignment (including the payment of any associated fees for such advance seat assignment) will also be required.
Some of these provisions may not apply to flights to and from Guam or Saipan. Passengers with tickets for flights to and from Guam or Saipan who meet the definition of an individual with a disability under 14 C.F.R. 382.5 may be subject to special rules and procedures regarding services such as the carriage and use of wheelchairs or other mobility assistance devices, onboard oxygen medical services, passenger provided portable oxygen concentrators, and service animals. In some cases, advanced notice may be required. Please contact carrier for further information.
The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.
Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes.
16) Schedules, Delays and Cancellation of Flights
The carrier shall not be responsible for any delay or cancellation of flights arising from unforeseen circumstances or incidents beyond its control.
Except as otherwise provided by the Conventions, if we cancel a flight or cease to operate a route, we shall, at your option, either:
a) carry you on the same route to your final destination at a later date at your convenience subject to seat availability (where administration fee will be waived but fare difference will be applied if any); or
b) carry you to an alternative destination/route at a later date at your convenience subject to seat availability (where administration fee will be waived but fare difference will be applied if any); or
c) make a refund in accordance with the provisions of Article 17.
For flights to/from Mainland China airports:
a) We shall provide meals or lodging, as a result of delays or cancellation of flights due to maintenance, flight scheduling, crew and other reasons caused by us.
b) We will assist passengers in arranging meals and lodging, as a result of delays or cancellation of flights due to weather, emergencies, air traffic control, security checks and passenger and other reasons not caused by us. The costs of such meals and lodging shall be borne by you.
C) The carrier will not provide financial compensation for any delay or cancellation of flights for any reason.
d) The carrier shall provide the written proof of flight delays and cancellation if the passenger so requests.
Unless otherwise stated in these conditions, fare rules or tariff or in accordance with applicable law, tickets are non-refundable. If we cancel a flight or cease to operate a route, we shall make a refund to you in respect of each sector shown in the Itinerary which has not been utilised for any of these reasons. The amount of refund shall be equal to the fare paid plus any associated taxes, fees and charges paid.
The Carrier reserves the right to re-allocate passengers to a different flight without prior notice due to unforeseen circumstances or incidents beyond its control.
AGREEMENT BETWEEN CUSTOMER AND HONG KONG EXPRESS AIRWAYS LIMITED (“HONG KONG EXPRESS AIRWAYS” or “UO”)
CONDITIONS OF USE OF INTERNET BOOKING SYSTEM
1) FORMATION OF AGREEMENT
1.1 When you use the hkexpress.com Internet Booking System ("the booking system") to make a reservation, you signify your agreement to these Conditions of Use and other applicable terms, conditions, and notices, including but not limited to the Conditions of Use of Website. They may be amended at any time without notice, and the current version will apply to your booking.
1.2 The information contained in the booking system may change without notice. Hong Kong Express Airways has endeavoured to ensure that all information is accurate, however, Hong Kong Express Airways does not warrant or make any representations regarding the accuracy or completeness of the booking system or any of the data or information contained in the booking system. Fare listings are for general information only, and do not reflect current seat availability.
1.3. The Terms and Conditions for the booking system apply to all booking related pages and functions.
2) PERSONAL AND NON-COMMERCIAL USE LIMITATION
The booking system is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the booking system.
3) USE OF THE HKEXPRESS.COM INTERNET BOOKING SYSTEM
3.1 Other terms and conditions will apply to your reservation and purchase of travel -related goods and services. You will abide by the applicable terms or conditions of purchase, including payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the booking system.
3.2 You will use the hkexpress.com Internet Booking System to make only legitimate reservations.
4) BOOKING RULES
4.1 You may make reservations for up to nine (9) passengers (adults and children inclusive – at least one (1) adult is required) in each complete booking transaction, and all the passengers must travel together. All tickets booked in one transaction must have the same itinerary. If any of the flights itineraries need to be different, a separate booking will be required.
4.2 Infants (under 2 years of age at the time of travel and who do not occupy seat) may not be booked through the hkexpress.com Internet Booking System. Children (2 to below 12 years of age at the time of travel) must travel with an adult on the same reservation.
4.3 Reservations are subject to the applicable fare conditions and the seat vacancies in that fare group.
4.4 Purchased tickets will be delivered as an electronic ticket.
4.5 You must pay at the time of reservation. Fares may be quoted in the currency of the country of first departure, but the settlement including fares and taxes will be charged and cleared in Hong Kong Dollars or United States Dollars.
4.6 Credit cards may be used for making reservations. We currently accept the following credit cards- Visa, MasterCard and JCB. You may also use Alipay for selected currencies and HK Express issued vouchers to purchase your flights. Please click here for more information.
Note: Credit card issuing banks may charge you an international transaction fee, dependent upon country of departure and currency of credit card. Please check with your credit card issuing bank for details of charges.
4.7 To safeguard credit card holder(s) and prevent credit card fraud, Hong Kong Express Airways may require the credit card holder to present the credit card used to pay for the booking at check-in or at a UO local ticketing office or Authorised Agent before the first UO flight departs. The credit card holder does not need to be one of the passenger(s) named in the ticket(s), however, if the card holder fails to produce the credit card for verification, Hong Kong Express Airways reserves the right to deny the ticket holder(s) from boarding or to collect a substitute payment (in cash or from a new credit card).
4.8 Carriage and other services performed by Hong Kong Express Airways are subject to the Hong Kong Express Airways' Conditions of Carriage and Other
Important Notices, as amended by these Conditions of Use, which form part of and are to be read together with the Conditions of Carriage and Other Important Notices. By making a reservation through the hkexpress.com Internet Booking System, you agree to be bound by the Hong Kong Express Airways' Conditions of Carriage and Other Important Notices and these Conditions of Use. These documents are available on the Hong Kong Express Airways Website.
5) CHANGES AND CANCELLATION OF BOOKING(S)
5.1 Once you have confirmed your online booking(s), any changes or cancellation of booking(s) have to be made at the local Hong Kong Express Airways' Reservations Office or Call Centre, and are subject to the fare rules and terms and conditions of the type of ticket stipulated in the booking process and listed on your booking itinerary.
5.2 In case of cancellation of booking(s), the refund policy is subject to the fare rules and terms and conditions of the type of ticket stipulated in the booking process and listed on your booking itinerary.
6) TRAVEL REQUIREMENTS
6.1 You may require a visa to travel to some destinations. It is your responsibility to obtain the visa(s). You must have a valid passport or travel document for the duration of your trip and the expiry date must be acceptable in all the countries you enter. Hong Kong Express Airways will not be liable for any losses or delays caused by the lacking of such required travel documents.
More information on passport and visa requirements is available at the embassy of the country or countries you will be travelling to.
6.2 Some airports may require additional facilities usage fees or charges upon departure. Hong Kong Express Airways has endeavoured to provide the up-to-date Information on these fees or charges, however, Hong Kong Express Airways will not be liable for ensuring the accuracy of such information. You are solely liable for payment of such fees.
7) NO UNLAWFUL OR PROHIBITED USE
7.1 You will not use this Website for any unlawful or prohibited purposes. You will not use the hkexpress.com Internet Booking System to make any unauthorized, speculative, false or fraudulent reservation. If Hong Kong Express Airways (in its sole discretion) believes that you are in breach, or will be in breach, of any of these Conditions of Use, Hong Kong Express Airways reserves the right to cancel your booking without giving you any reason and/or without further reference to you.
8) RESTRICTIONS ON USE
Hong Kong Express Airways and their licensors retain all rights (including trademark, copyright and patent rights) with respect to all software and underlying information and material available through the hkexpress.com Internet Booking System. You must not download or otherwise export or re-export any software or underlying information or material available through the hkexpress.com Internet Booking System except with the written permission of Hong Kong Express Airways.
9) AGE AND RESPONSIBILITY
You represent that you are of legal age to use the booking system in accordance with these Conditions of Use and to create binding legal obligations for any liability you may incur as a result of the use of the booking system and this Website. You are financially responsible for all uses of this Website by yourself and those using your login information. You will supervise all usage of the booking system under your name or account. You warrant that all information supplied by you and members of your household in using the booking system are true and accurate.
10) NO REPRESENTATION
Hong Kong Express Airways does not warrant or represent that your access to and/or use of the hkexpress.com Internet Booking System will be uninterrupted or error -free or that any information, data, content, software or other material accessible through the hkexpress.com Internet Booking System will be free of bugs, viruses, worms, Trojan horses or other harmful components.
11) LIMITATION OF LIABILITY
Hong Kong Express Airways is not liable for any injury, loss, claim, damage, including those based in negligence, whether actual, incidental, special, exemplary, punitive or consequential (including lost profits or other special damages) which arises out of or is in any way connected with any of the following items:
(a) access or use of the hkexpress.com Internet Booking System;
(b) data, information or material contained in the hkexpress.com Internet Booking System including the use of such data, information or material to check prices and availability or for reservations, ticketing or any other use;
(c) submission of any personal or business information, including bank and credit card details;
(d) unavailability of the hkexpress.com Internet Booking System to you in whole or in part or any failure or delay in any way connected with the use of the booking system because of the global computer network, ancillary equipment, the systems of Hong Kong Express Airways’ systems or technology or any other circumstances, including the use of or inability to use the hkexpress.com Internet Booking System to check prices and availability or for reservations, ticketing or any other use;
(e) the performance or non-performance by Hong Kong Express Airways or the failure of any function or service associated with the hkexpress.com Internet Booking System, in whole or in part; and
(f) any unauthorised access or breach of security into the hkexpress.com Internet Booking System through the global computer network.
12) CANCELLATION OR SUSPENSION OF SERVICE
Hong Kong Express Airways may cancel or suspend your use of the hkexpress.com Internet Booking System at any time without notice if Hong Kong Express Airways suspects that the booking system or your User ID and Password/PIN is being used, or may be used:
(a) in breach of these Conditions of Use; or
(b) in a manner that may cause loss to you or Hong Kong Express Airways. Hong Kong Express Airways may, at any time and at its sole discretion; and
(c) without cause or notice, terminate or restrict your access to the hkexpress.com Internet Booking System or refuse to give effect to any reservation you request through the booking system without giving any reason or notice to you.
13) “OVERBOOKING" POLICY
In order to minimize the influence of no-shows and to enable seats to be used by passengers who otherwise would not be able to travel on their chosen flight, Hong Kong Express Airways and most major airlines may undertake overbooking on their services. By careful monitoring and control, we do our utmost to match the number of available seats to the number of passengers that we expect will show up on the flight. In addition, the occurrence of any force majeure events (e.g. act of god, war, adverse weather conditions, political or military acts, or any other events that are not controllable by Hong Kong Express Airways) may also lead to overbooking of flights and that the availability of seats cannot be guaranteed for such reasons.
Whilst Hong Kong Express Airways makes every effort to provide seats for which confirmed reservations have been made, no absolute guarantee of seat availability is denoted by the expression reservations, bookings, status and the timings attached to them. Hong Kong Express Airways operates compensation schemes, in accordance with the applicable law and our compensation policy to passengers with confirmed reservations who are involuntarily denied carriage because of non-availability of seats.
14) GOVERNING LAW AND JURISDICTION
This agreement shall be subject to the laws of Hong Kong SAR, and the parties agree to be subject to the non-exclusive jurisdiction of the courts of Hong Kong SAR.