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Terms and Conditions for Travel Packages Holidays, Hotels, Travel Extras and Promotional Voucher Code

These Terms and Conditions govern the booking of outbound Travel Packages (as defined in clause 1.1) through Cathay Holidays Limited (“CHL”) on the Cathay Pacific website (“Website”) or at CHL’s reservation offices. By making a booking with CHL for any Travel Packages, you acknowledge and agree having read, understood and agreed to these Terms and Conditions.

 

1. Bookings

1.1 These Terms and Conditions apply to bookings for Travel Packages and hotel accommodation but do not apply to any flight bookings unless they are part of a Travel Package. For purposes of these Terms and Conditions a “Travel Package” means a pre-arranged combination of air transport and hotel accommodation at an all-inclusive price.

1.2 In addition to offering Travel Packages, CHL will introduce you to third party suppliers of services ("Travel Extras"). Travel Extras are local tourist services unrelated to your Travel Package that do not account for a significant proportion of your booking, but may be of interest to you. Where you choose to purchase Travel Extras you will be entering into a contract directly with the third party supplier concerned and not with CHL.

1.3 When a booking for Travel Packages or a hotel is submitted online or provided by telephone via the CHL reservations offices, your contract with CHL with respect to such booking will only come into existence once the booking is accepted by CHL or CHL has taken payment. For bookings made through the Website you will receive a “Confirmation of receipt” notification or your booking on your screen. CHL will then process your booking and if everything is correct and in order, take payment and subsequently confirm and accept your booking by email. For bookings provided by telephone via the reservation offices, again once CHL have taken all the details of the booking CHL will process your booking and if everything is correct and in order take payment and subsequently confirm and accept your booking by email.  It is when CHL have taken payment and/or confirmed and accepted a booking that a contract will exist between us.

1.4 Once CHL have accepted a booking and/or taken payment, any subsequent changes or cancellations to your original booking will be subject to these Terms and Conditions.

1.5 Upon payment for a booking of Travel Package or hotel, you will receive a confirmation email and a document delivery email with your flight E-ticket where applicable and hotel check-in voucher. To check in to your hotel please present the confirmation email and hotel check-in voucher to the hotel. You are solely responsible for checking the booking details and ensuring that all documentation provided to you contains the correct information (including dates, times, names exactly as they appear on your passport, flight schedules, accommodation and these booking terms and conditions). CHL, the third party providers and distributors shall be entitled to rely on the information contained in your booking and shall not be responsible for any incorrect information made in your booking.

1.6 You must be at least 18 years old to make and pay for a booking of a Travel Package with CHL.

2. Financial protection

2.1 When you buy an ATOL protected Travel Package we will provide you with an ATOL Certificate. This certificate sets out the scope of the financial protection and where you can obtain information on what this means for you and who you should contact in the event of our insolvency.

2.2 If, for reasons of insolvency, we are unable to provide any of the protected services listed on the ATOL Certificate, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative, at no extra cost to you. Where an alternative ATOL holder provides any services you agree to pay any money outstanding under your contract to that alternative ATOL holder. In some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme, or your credit card issuer if applicable.

2.3 If, for reasons of insolvency, we are unable to provide any of the protected services listed on the ATOL Certificate, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. In return for such a payment or benefit you will assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable).

2.4 All money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pay it to us for so long as we remain solvent and trading. In the event of our insolvency, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

2.5 The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 11242) administered by the Civil Aviation Authority.

3. Changes or cancellations by you

A. Amendments, Cancellations and Refunds for Hotel Only Booking

3.1 To cancel your hotel booking or make an amendment to your hotel booking, you will need to contact any CHL reservations office for assistance, as these cannot be carried out on the Website.

3.2 During the booking process and before you confirm payment, we will display the eligibility to make changes or cancel a hotel booking and any applicable charges the hotel levies in accordance with the hotel’s own policies and terms and conditions. You will be required to pay CHL any charges levied by a hotel occasioned by a change or cancellation which may be up to 100% of the cost of the booking.

3.3 If you are not able to show up at the hotel which you have booked and/or you cannot otherwise proceed with the booking, you should contact CHL as soon as possible.

3.4 Except as otherwise provided or agreed by CHL, no refund will be made on any part-used hotel bookings. For example where you have checked out of your hotel early a 100% charge relative to the booking will apply.

3.5 CHL will only accept requests for changes to hotel bookings from the person (or his/her authorised person) who made the booking.

B. Amendments, Cancellations and Refunds for Travel Packages (i.e. Combination of Hotel and Flight at an inclusive price)

3.6 For amendments to your booking for a Travel Package that is made more than 3 days before departure date, the amendment charge is 50% of price of the Travel Package plus any difference in price. All amendments are subject to availability and price changes. No amendment is allowed at less than 3 days before departure date.

3.7 For cancellation of your booking for a Travel Package that is made more than 3 days before departure date, the cancellation charge is 50% of the price of the Travel Package.

3.8 For cancellation of your booking for a Travel Package that is made less than 3 days before departure date, or after departure date, or if you no-show, the cancellation charge is 100% of the price of your Travel Package.  In this case you can apply for a refund of any applicable taxes comprised in the price of the Travel Package and if the application for refund is made within one month of cancellation CHL will credit the amount to your credit card.

3.9 All terms set out in clause 3 section A shall also apply to Travel Packages to the extent relevant.

3.10 All cancellation charges are a genuine pre-estimate of CHL’s losses and will cover the charges that CHL will incur from its suppliers, lost profits and administrative expenses.

3.11 You may transfer your Travel Package booking to another person subject to the following conditions:

a) You provide Us with written authorization to transfer the booking in a form satisfactory to Us;
b) The new passenger accepts the transfer and these Terms and Conditions; and
c) Full payment of the amendment fee described below.

We charge an amendment fee for each booking we transfer to a new passenger. The amount of the amendment fee will depend on various factors unique to each case, including the timing of the amendment request; the type of Travel Package and Travel Extras booked; the part(s) of that booking to be amended; and, where relevant, any fees charged by the relevant supplier for making changes to Your booking. We will inform You of the amendment fee applicable after You have made Your amendment request.

The new passenger, and You should they fail to pay, will be responsible for any additional monies due as a result of the transfer of Your booking.

C. Amendments, Cancellations and Refunds For Travel Packages with add on Travel Extras (i.e. combination of hotel, flight, and travel related non-air products at a non-inclusive price)

3.12 The “add on Travel Extras” portion of the travel packages with add on Travel Extras is non-refundable, non-amendable, non- transferable and non-exchangeable.

3.13 No refund will be made on any partly-used Travel Extras booking. For example, where you have used the single journey of transportation and not the return journey, there will be no refund on the return journey. For the avoidance of doubt, no refund will be made on any unused Travel Extras booking.

3.14 For amendments to your booking for a travel package with add on Travel Extras that is made more than 3 days before departure date, the amendment charge is 50% of price of the travel package portion plus any difference in price.  You will not be entitled to a refund for any add on Travel Extras booking cancelled or amended.  Once cancelled (or amended), the add-on Travel Extras will need to be booked again at the full price of those products at the time of that booking. All amendments are subject to availability and price changes.  No amendment is allowed at less than 3 days before departure date.

3.15 For cancellation of your booking for a travel package with add-on Travel Extras is made more than 3 days before departure date, the cancellation charge is 50% of the price of that travel package portion and 100% of the price of the add-on Travel Extras portion.

3.16 For cancellation of your booking for a travel package with add on Travel Extras that is made less than 3 days before departure date or if you no-show, the cancellation charge is 100% of the total price of that travel package portion and Travel Extras portion (including add-on hotel). In this case you can apply for a refund of taxes comprised in the price of the travel package with add on Travel Extras by contacting CHL reservations offices.

3.17 All terms set out in clause 3 section A shall also apply to Travel Packages with add on Travel Extras to the extent relevant.

3.18 All cancellation charges are a genuine pre-estimate of CHL’s losses and will cover the charges that CHL will incur from its suppliers, lost profits and administrative expenses or where applicable, represent the terms upon which Travel Extras are sold to you by the third party suppliers.

D. Amendments, Cancellations and Refunds of Promotional Voucher Code

3.19 The Promotional Voucher Code has no cash value on amendment, cancellation and/or refund for Travel Packages and/or Travel Packages with add on Travel Extras. Amendment and cancellation charge for Travel Packages and/or Travel Packages with add on Travel Extras will be calculated based on original price before corresponding Promotional Voucher Code discount is applied.

4. Changes or cancellations by CHL

4.1 It is unlikely that CHL will have to change or cancel your booking. If CHL does make changes then CHL will inform the person who made the booking as soon as CHL reasonably can.

4.2 Where your Travel Package includes flight tickets, you acknowledge that the terms and conditions of the given airline will become the part of your contract with CHL. The airlines reserve the right to change departure times and fares without prior notice. CHL will inform the Passenger of any change to the flight departure times. Full details of the applicable terms and conditions for each airline is available from us on request or from the applicable airline website.

4.3 If before you depart on Your Travel Package, CHL makes a significant change to your booking, you can choose one of the options set out below:

a) Take a substitute package of equivalent or superior quality to that originally booked, subject to availability; or
b) Take a substitute package of a lesser quality to that originally booked, subject to availability, plus a refund of the price difference between the original Travel Package and the replacement Travel Package. Should you choose this option, the terms and conditions of your Travel Package will not change and will still apply to booking; or
c) Cancel your holiday and receive a full refund of all monies except for any elements that are non-refundable including, but not limited to, Travel Extras.

A significant change may include but is not limited to: a significant change to your destination; a change in accommodation to that of a lesser standard than originally booked; a change to the time of departure of Your flight by more than 12 hours; a change to the airport of departure. For the purpose of this clause 4.3, a change to your departure time notified to you within 24 hours of the departure of the flight is not considered a significant change.

In addition to any rights and remedies set out above, where appropriate, CHL will pay you compensation in accordance with the table below unless the significant change was caused by a Force Majeure event, as described in clause 11.5 below.

We will pay compensation, where appropriate, according to the following table:

Period Before Departure When Notified

Compensation Payable Per booking

More than 60 days

GBP0

60 - 28 days

GBP10

28-15 days

GBP20

14-3 days

GBP30

Less than 48 hours

GBP50


4.4 CHL reserves the right to make changes that are not significant and to correct minor or obvious errors in your booking details and/or to correct any errors in pricing (including where we have confirmed/accepted the booking and/or taken payment) at any time without liability to you.  CHL may change the price of a Travel Package where the wrong price has been advertised or otherwise furnished to you due to clerical or technical error.  CHL will as soon as practicable notify you of the change in price and you will be given the option of retaining the booking and paying the correct price within a stipulated time period.  However if the error entails an increase in price and you do not wish to proceed or do not pay the correct price within a stipulated time period, then we may cancel the booking and in such circumstances we will provide you a full refund of the price that you have in fact paid to CHL.  We will not be obliged to proceed with the booking at the incorrect price and we will not be liable to provide you with additional compensation.

4.5 CHL will take reasonable steps to avoid having to cancel your booking. In the unlikely event that CHL cancels your booking CHL will notify and provide you with the following options:

a) Take a substitute package of equivalent or superior quality to that originally booked, subject to availability; or
b) Take a substitute package of a lesser quality to that originally booked, subject to availability, plus a refund of the price difference between the original Travel Package and the replacement Travel Package. Should you choose this option, the terms and conditions of your Travel Package will not change and will still apply to booking; or
c) cancel Your holiday and receive a full refund of all monies except for any elements that are non-refundable including, but not limited to, Travel Extras.

In addition to any rights and remedies set out above, where appropriate, CHL will pay you compensation in accordance with the table below unless the significant change was caused by a Force Majeure event, as described in clause 11.5 below

We will pay compensation, where appropriate, according to the following table:

Period Before Departure When Notified

Compensation Payable Per booking

More than 60 days

GBP0

60 - 28 days

GBP10

28-15 days

GBP20

14-3 days

GBP30

Less than 48 hours

GBP50

4.6 CHL shall have the sole and absolute discretion to cancel or shorten the duration of any Travel Package or hotel stay in the event of any act of god, war, riot, civil commotion, acts of terrorism, compliance with any law or government order, rule regulation or direction, accident, flood or storm, strikes, hostilities, accident or other circumstances beyond the control of CHL which render it necessary in its reasonable opinion that such steps be taken (“Force Majeure event”). Unless applicable laws require otherwise, CHL shall be relieved of all liabilities and obligations resulting from the Force Majeure events and shall not be obliged to refund any amount paid to the airlines, service suppliers, hotels or any unused portions of services in such circumstances. CHL is not liable to pay you compensation if we or our suppliers are prevented from performing the terms of your booking or are hindered so due to a Force Majeure event.

5 . The price and payment

5.1 Prices quoted on the Website or by a CHL customer representative are valid for a specified period of time as indicated on the Website or by the CHL representative, and unless otherwise specified by CHL, the Prices will be charged in the currency of the country of first departure. For example, if you are booking for Travel Package departing from Netherlands to Hong Kong, the price will be quoted in Euro.

5.2 Your flight price (if any) includes the flights as confirmed on your confirmation e-ticket or letter receipt, all airport taxes, fees and carrier charges. Some airports may require an additional facilities usage fee upon departure. You are solely liable for payment of such a fee.

5.3 Prices for Travel Packages and Hotels include Government taxes and fees. However it may not include other possible charges including “resort fees” for certain optional services other than those included in your Travel Package and any other fees that are charged and payable directly to the hotels.

5.4 Hotel and apartment prices are per room per night, and are based on the dates and occupancy you specify to CHL at the time of booking.

5.5 Triple room rates can apply to either a full size triple room, designed to take three single beds, or to a twin/double room with an extra rollaway bed or existing sofa bed.

5.6 Hotel and apartment facilities, such as sports and leisure equipment, are not included unless otherwise stated in the hotel / apartment description.

5.7 Check-in at most hotels is 2pm, with check-out by 11am, but can vary by hotel, time of year and country.

5.8 ‘Package Discount’ will vary by product and seasonality and may not be available on all packages. Any ‘Package Discount’ shown on your confirmation or invoice is only applicable where you have purchased your flight and hotel together in the same transaction. The discount shown is compared to the non-promotional price you would have paid had you booked as two separate transactions on the Website the exact same itinerary using comparable options, such as cabin, room type, dates and duration.

5.9 Charges for booking extra nights' accommodation after your arrival will be at the rate advertised by the hotel.

5.10 The following are not included in the price:

a) travel insurance (which we strongly recommend you take out for your trip);
b) flights (unless booking a Travel Package that includes flights);
c) cots and food for infants (usually payable directly to the hotel);
d) meals (unless otherwise specified);
e) room service (unless otherwise specified);
f) transfers (unless otherwise specified or purchased as Travel Extras);
g) excursions or entrance fees (unless otherwise specified or purchased as Travel Extras);
h) all tips, laundry and all items of a personal nature such as beverages, taxi and bus fares, shopping expenses;
i) passport, visa and health protection fees;
j) hotel car parking (where applicable) and the cost of getting to and from the airport; and
k) certain hotel and apartment facilities, such as sports and leisure equipment.

5.11 Definitions of a "child" may vary by reference to age between our suppliers and will determine the price you pay for them. Airline definitions of a child in terms of age are standard - an 'infant' is under 2 and a 'child' is between 2 and 11 years on the return date of travel. A 'child' must take up a seat on an aircraft. An 'infant' is not provided with a seat on an aircraft and is expected to sit on your lap for the whole of the flight. If you require a seat for an infant, the infant must be booked and paid for as a 'child'. Please refer to the applicable airline’s carriage conditions for details of the definition of child. A hotel's definition of a 'child' can and does vary, but is always advised at the time of booking.

5.12 Child booking and check-in policy does vary for hotels in different destinations, for example, many hotels in the world do not allow travellers under 18 to check-in hotels on their own without any adult companion.

5.13 Infants under 2 years are generally accepted free in hotels, however not all room types are large enough to accommodate an infant's cot. Cots must be requested at the time of booking, and some hotels may charge a fee payable locally. We will advise the supplier of your requirements for a cot, but this request cannot be guaranteed. In these circumstances, we strongly advise you to make your own arrangements.

5.4 When you book with CHL on the Website, a valid credit card is required to complete the transaction. Once you press the ‘Confirm Booking Request’ button, CHL is entitled to debit your credit card. Credit card issuing banks may charge you an international transaction fee depending upon country of departure and currency of credit card.  Please check with your credit card issuing bank for details of charges.

5.15 Some payments to CHL will be collected by Cathay Pacific Airways Limited on behalf of CHL. In this occasion, the merchant on your credit card statement for any payments made to CHL for purchases of any services or products offered by CHL including Travel Packages will be indicated as "Cathay Pacific Airways Limited" or "Cathay Pacific Airways". Cathay Pacific Airways Limited is administratively collecting payments on behalf of CHL only, and is not otherwise involved in the purchase of goods and services by you including Travel Packages via the Website or CHL reservations offices or in your booking process with CHL. You acknowledge the fact that your credit card statement will indicate Cathay Pacific Airways limited is as a result of the underlying financial mechanism of payment, and does not in any way reflect a contractual relationship with Cathay Pacific Airways Limited.

5.16 CHL is not responsible for pricing errors and we will generally pick up any such errors prior to accepting your booking and before a contract is formed between us.  However clauses 4.4 and 13 will apply if you book a Travel Package at a price that has been advertised incorrectly and the booking is subsequently and inadvertently accepted by us.  

All prices quoted on the website are subject to availability and can be withdrawn or varied without notice. Despite our best efforts, prices [advertised on our website] may vary from time to time and may differ from the actual price quoted due to factors outside our control. For example, prices may vary based on users’ IP addresses. Price changes will not affect bookings already accepted and paid for in full by you.

6. Entry requirements

6.1 It is your responsibility to ensure that you comply with all the visa and health requirements of the country/countries that you intend to visit. CHL cannot be held liable for any refusal of entry, illness, delays or costs resulting from your failure to meet these requirements. Please make sure that your passport is valid for at least 6 months from the day that you arrive at your destination. Some countries may require a passport validity of more than 6 months and it is your responsibility to check the requirements.

6.2 Passport and visa regulations can change and you should therefore check the applicable conditions with the relevant embassy prior to making a booking with CHL, but in any event well in advance of the intended travel date of your Travel Package. It is your responsibility to be in possession of a valid passport or other travel document and, if appropriate, a visa. It is important to remember to include all transit points in your journey which may also require a visa. It can often take some time to obtain a visa, so you are advised to apply well in advance of the departure date of the relevant flight.

6.3 Each destination has its own requirements as far as entry formalities, vaccinations and other health requirements which can also vary depending on your nationality and recently visit countries. It is your own responsibility to obtain details of all relevant requirements from the applicable embassy for entry into, exit from or transit through any of the countries you intend to visit or transit through. Where necessary, you should consult with a qualified health professional. CHL strongly recommends that you verify the different formalities of the chosen destination or transit countries, as well as the time needed to take all of the related steps before the date of departure.

7.   Asia Miles Accrual

7.1 Except as otherwise provided or agreed by CHL, all Travel Packages are eligible for 500 bonus Asia Miles per passenger. Asia Miles will only be credited:

a) ONCE per Travel Package booking;

b) to the eligible member's account 6 to 8 weeks after usage of the entire Travel Package; and

c) when valid Asia Miles membership number is provided at the time of booking. To join Asia Miles membership programme, please visit www.asiamiles.com.

8. Hotel standard and Information

8.1 Hotel standards may vary in different destinations, hotels or resorts and standards in one city cannot be compared directly with those in another city.  The listed facilities or added value services can sometimes be unavailable due to renovation or maintenance of the hotel. All reasonable efforts are made to ensure the information available is correct at the time of publication on our website. The star rating of a hotel is only indicative and a guide to the level of comfort and facilities at a hotel in accordance with local custom and standards

8.2 Hotels displayed on the Website and /or offered through the CHL reservations offices may be sourced from third party travel supplier(s). Information and content (in any media including but not limited to text, images, video, audio, data, topics and comments) that is posted on the Website or through other channels such as advertisements, promotions, links, pointers, etc. in respect of hotel facilities Information (including images) that is posted on the Website of hotel facilitiesis provided by CHL in good faith, based on information received from the individual hotel and/or CHL’s suppliers.

8.3 CHL further cannot guarantee that all hotels, transport or amenities will be suitable for wheelchair users or disabled persons.

9. Travel Extras standard and information

9.1 All Travel Extras posted on the Website are supplied by third party suppliers. CHL does not guarantee the suppliers’ product/service levels, quality, standards or suitability.

9.2 Travel Extras standards may vary in different destinations, type of products and/or events. The Website does not constitute, and should not be regarded as, a recommendation or endorsement of (the quality, service level or rating of) any Travel Extras listed on the Website. CHL hereby expressly disclaims any representation, warranty or undertaking in relation to the quality, status or adequacy of any Travel Related Product listed on the Website.

9.3 Information and content (in any media including but not limited to text, images, video, audio, data, topics and comments) that is posted on the Website or through other channels such as advertisements, promotions, links, pointers, etc. in respect of Information (including images) that is posted on the Website on Travel Extras is provided by the individual Travel Extras providers and/or CHL’s suppliers. CHL cannot guarantee that all information is accurate, complete, correct or up to date, nor can CHL be held responsible for any errors, interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Travel Extras provider remains responsible at all times for the accuracy, completeness and correctness of the Travel Extras information displayed on the Website. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the website inaccurate or outdated.

9.4 CHL further cannot guarantee that all Travel Extras will be suitable for wheelchair users or disabled persons.

10. Hotel special requests

10.1 Special request, such as baby cot, room location, room type, particular facilities or particular view are offered on a request-basis only. Such requests are not guaranteed and are subject of hotel availability at time of check in. CHL will not be responsible if the requests cannot be satisfied or confirmed. Special requests may be subject to additional charges which are payable to the supplier direct.

11. Liability and exclusions

11.1. Without prejudice to the other provisions of this document, CHL will enforce the contract in accordance with the expectations which the traveller would reasonably have on the grounds of the contract.

11.2. If the travel package fails to meet the expectations referred to in paragraph 1, the traveller is required to notify the parties involved as quickly as possible, as referred to in clause 15.

11.3. If the travel package fails to meet the expectations referred to in paragraph 1, the CHL is required to reimburse the traveller for any loss, without prejudice to the provisions in clauses 11, 12 and 13, unless the failure in the performance is not attributable to CHL or to the person assisting in the fulfilment of the contract, because:

a)       the failure in the performance of the contract is attributable to the traveller; or
b)       the failure in the performance of the contract could not be foreseen or could not be neutralized and is attributable to a third party who was not involved in the provision of the services included in the travel package; or
c)       the failure in the performance of the contract is caused by an event which could not be foreseen or rectified, despite exercising all due care, by the travel organiser or by the person assisting with the fulfilment of the contract; or
d)       the failure in the performance of the contract is caused by force majeure as referred to in clause 11.5.

11.4. Contrary to paragraph 3, if a cruise is part of the contract and the traveller is unable to reach the port of departure, or unable to reach it in time, as a result of the flight to the port of departure being unable to leave due to extreme weather conditions and/or government measures which make the flight impossible, this will be at the risk of the traveller. This is on condition that the traveller has been informed of this risk and its insurability by or on behalf of the travel organiser prior to the booking. In such cases, the traveller continues to owe the full travel sum, after deduction of the costs of the air transport.

11.5. The term force majeure is deemed to include abnormal and unforeseen conditions which are caused by a third party or arise from matters outside your control or those of CHL, and the consequences of which could not be avoided, despite reasonable measures having been taken.

12. Help and assistance

12.1 Depending on the circumstances, CHL is required to provide the traveller with help and assistance if the travel package does not meet the expectations which the traveller in accordance with the terms of this contract. The costs arising from this shall be borne by CHL if the failure in the performance of the contract is attributable to the travel organiser in accordance with clause 11.3.

12.2 In the event that the cause is attributable to the traveller, CHL is only required to provide help and assistance inasmuch as this can reasonably be expected of it. In such cases, the costs will be borne by the traveller.

12.3 In the event that the travel package does not meet the expectations which the traveller could reasonably have had as a result of circumstances which are not attributable to either the traveller or CHL, each party will bear its own loss.

13. Exclusions and restrictions on the liability of CHL

13.1 When you travel by air or sea, your journey may be subject to the provisions and limitations of certain international carriage by air or sea conventions (for example, Warsaw Convention, Montreal Convention or the Athens Convention). Notwithstanding any other provision in this clause 13, when arranging your Travel Package, the provisions and limitations of any applicable international convention including but not limited to the Montreal Convention also apply to our liability. Where parts of your Travel Package are provided by third party suppliers, the terms and conditions of the relevant third party supplier will also apply to you and also for our benefit.

13.2 CHL is also not liable if and inasmuch as the traveller is able to recover his/her loss under an insurance policy, such as a travel insurance and/or cancellation cost insurance policy.

13.3 Subject to the above and to the extent permitted by any applicable law, CHL's maximum aggregate liability under these Terms and Conditions whether in contract, tort (including negligence) or otherwise, shall not exceed the amount payable by you to CHL in respect of the product(s) or services in question.

13.4 Unless any applicable law provides otherwise, the exclusions and/or limitations of liability of CHL contained in this clause 13 will also apply to benefit of any employee, servant or agent of CHL.

14. Obligations of the traveller

14.1 The traveller(s) is/are required to comply with all instructions of CHL in the context of promoting a good fulfilment of the travel package and is/are liable for loss caused by his/her/their unauthorised behaviour, to be evaluated according to the standard of the behaviour of a properly behaved traveller.

14.2 The traveller who causes or could cause hindrance or nuisance to such an extent that a good fulfilment of a travel package is or could be greatly impeded may be excluded from the travel package or the rest of the travel package by CHL, if it cannot reasonably be required of CHL to fulfil the contract.

14.3 All costs arising from a situation as described in this clause 14 will be borne by the traveller, if and inasmuch as the consequences of hindrance or nuisance can be attributed to the traveller. If and inasmuch as the cause of the exclusion cannot be attributed to the traveller, he/she will be reimbursed the travel sum or part thereof.

14.4 At all times you are  required to mitigate any losses, that is limit any costs you incur to only those reasonable and necessary costs taking into account all relevant circumstances.

14.5 Each traveller must ascertain the exact time of departure for the return journey from the travel package representative or the local agent of the travel organiser no later than 24 hours before the stated time of departure.

14.6 At all times you must observe and adhere to the conditions of carriage of the air carrier concerned. Full details of the applicable conditions of carriage can be obtained from us on request or by visiting the relevant sections of the website of the Cathay Pacific (www.cathaypacific.com).

15. Complaints during travel

15.1 Any feedback regarding your Travel Package shall be communicated to us, in writing, at the earliest opportunity but in any event, no later than 28 days after you return from your Travel Package holiday. Notwithstanding the above, in the event you experience a problem with any aspect of your Travel Package during your stay, you must contact us immediately to ensure we are given the opportunity to rectify any problems before you conclude your stay.

15.2 In the event you did not comply with the obligation to communicate with us in a timely manner and as a result either the service provider or CHL have not been given the opportunity to rectify the relevant issues, any entitlement to compensation may be limited or excluded. 

16. Amendment

16.1 CHL shall have the right and sole discretion to amend these Terms and Conditions on notice.  Any revised version of these Terms and Conditions shall be effective within 7 days of publication on this Website and shall apply to all bookings received thereafter.

17. Miscellaneous

17.1 These Terms and Conditions (which shall be deemed to include the CHL Customer Privacy Policy and any conditions relative to the use of the Website and any other terms and conditions referred to herein) shall constitute the entire agreement between you and us. Except as otherwise provided herein, any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by CHL.

17.2 Neither CHL’s failure nor your failure to enforce any term of the contract between CHL and you constitute a waiver of such term.  Such failure shall in no way affect the right later to enforce such term.

17.3 In the event of any inconsistency between this English version of the Terms and Conditions and any foreign language translation, the English version shall prevail.

18. Governing law and jurisdiction

18.1 These Terms and Conditions are governed by the laws of England and Wales and the parties hereby submit to the non exclusive jurisdiction of the courts of England and Wales, subject always to any mandatory provisions of local law in the country where a customer is located that stipulate that the relevant local law should apply and/or that the local courts should have jurisdiction.