AGREEMENT BETWEEN CUSTOMER AND HONG KONG AIRLINES LIMITED ( HONG KONG AIRLINES or HX ) 1) FORMATION OF AGREEMENT 1.1 When you use any booking systems of Hong Kong Airlines, including but not limited to internet booking system (http://www.hongkongairlines.com), mobile application booking system (TravelBud) or call center booking service (collectively referred to as "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 Airlines has endeavored to ensure that all information is accurate, however, Hong Kong Airlines does not warrant nor 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 2.1 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 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 Booking System to make only legitimate reservations. 4) BOOKING RULES 1 / 6
4.1 You may make reservations for up to 4 passengers (adults and children inclusive) in each complete booking transaction, and all 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 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 can be collected as an electronic ticket or a paper ticket at the relevant departure airport (the collection method of which may vary and is dependent on the routes). For the ticket pick- up at the airport, if you fail to collect your ticket(s) by flight closure time, you will be treated as having cancelled your ticket and the relevant contract of carriage and refund of the fares paid or debited (as the case may be) will be processed subject to the imposition of cancellation charges. 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. 4.6 Credit cards may be used for making reservations. We currently accept the following credit cards: Visa MasterCard 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 frauds, the credit card holder must present the credit card used to pay for the booking at check-in or at HX local ticketing office before the first HX 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 Airlines 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 Airlines is subject to the Hong Kong Airlines 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 Booking System, you agree to be bound by the Hong Kong Airlines Conditions of Carriage and Other Important Notices and these Conditions of Use. These documents are available on the Hong Kong Airlines Website. 2 / 6
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 Airlines Reservations Office. 5.2 In case of cancellation of booking(s), the refund policy is subject to the terms and conditions of the type of tickets. Please check with the local Hong Kong Airlines Reservations Office for details. 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 Airlines 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, and from the local office of Hong Kong Airlines. 6.2 Some airports may require additional facilities usage fees or charges upon departure. Hong Kong Airlines has endeavoured to provide the up-to-date Information on these fees or charges, however, Hong Kong Airlines 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 Booking System to make any unauthorized, speculative, false or fraudulent reservation. If Hong Kong Airlines (in its sole discretion) believe that you are in breach, or will be in breach, of any of these Conditions of Use, Hong Kong Airlines reserves the right to cancel your booking without giving you a reason and/or without further reference to you. 8) RESTRICTIONS ON USE 8.1 Hong Kong Airlines and its licensors retain all rights (including trademark, copyright and patent rights) with respect to all software and underlying information and material available through the Booking System. You must not download or otherwise export or reexport any software or underlying information or material available through the Booking System except with the written permission of Hong Kong Airlines. 3 / 6
9) AGE AND RESPONSIBILITY 9.1 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 10.1 Hong Kong Airlines does not warrant or represent that your access to and/or use of the Booking System will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Booking System will be free of bugs, viruses, worms, Trojan horses or other harmful components. 11) LIMITATION OF LIABILITY 11.1 Hong Kong Airlines 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 Booking System; (b) data, information or material contained in the 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 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 Airlines or technology or any other circumstances, including the use of or inability to use the Booking System to check prices and availability or for reservations, ticketing or any other use; (e) the performance or non-performance by Hong Kong Airlines or the failure of any function or service associated with the hongkongairlines.com Internet Booking System, in whole or in part; and (f) any unauthorized access or breach of security into the Booking System through the global computer network. 12) CANCELLATION OR SUSPENSION OF SERVICE 4 / 6
12.1 Hong Kong Airlines may cancel or suspend your use of the Booking System at any time without notice if Hong Kong Airlines 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 Airlines. Hong Kong Airlines may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to the hongkongairlines.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 13.1 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 Airlines and most major airlines may take 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 Airlines) may also lead to overbooking of flights and that the availability of seats cannot be guaranteed for such reasons. Whilst Hong Kong Airlines 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 Airlines 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) DISCLOSURE AND TRANSFER OF PERSONAL DATA 14.1 In providing services to you, it may be necessary for Hong Kong Airlines to transfer, use, process, store and access customers personal data to our offices, affiliates, operations and business partners worldwide. 14.2 In accordance with the Personal Data (Privacy) Ordinance, Hong Kong Airlines takes all reasonable steps to ensure third party service providers protect the personal data entrusted to it. (a) Disclosure can be made to a contractor or third party service provider if it is to provide services and facilities to our passengers and the disclosure is made lawfully and fairly. (b) Disclosure can be made to local government authorities if the disclosure is made lawfully and fairly. (c) No personal data shall be disclosed to the general public at any time without the consent of the passenger concerned, even during typhoons or other service disruptions. 5 / 6
15) GOVERNING LAW AND JURISDICTION 15.1 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. Rev 2013/003 6 / 6