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) with TONGSUNG Samwoo Travel Corp. ("TONGSUNG") either through TONGSUNG’s sub site on the Cathay Pacific website (“Website”) or through TONGSUNG’s reservation offices. By making a booking with TONGSUNG for any Travel Packages, Hotels and/or Travel Extras you acknowledge and agree to having read, understood and accepted these Terms and Conditions.
1.1 These Terms and Conditions apply to bookings for Travel Packages, hotel accommodation and Travel Extras but do not apply to any flight bookings unless they are part of a Travel Package. For the purposes of these Terms and Conditions: (i) “Travel Extras” means travel related non-air products including, but not limited to, event tickets, transportation arrangements, local tours, theme park admission tickets, airport parking and lounge access; and (ii) a “Travel Package” means a pre-arranged combination of air transport, hotel accommodation and/or Travel Extras (as relevant) at an all-inclusive price.
1.2 When a booking for Travel Packages or hotel accommodation is submitted online or provided by telephone via the TONGSUNG reservation offices, your contract with TONGSUNG with respect to such booking will only come into existence once the booking is accepted by TONGSUNG and/or TONGSUNG has taken payment. For bookings made through the Website you will receive a "confirmation of receipt" notification of your booking on your screen. TONGSUNG 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 by telephone via the reservation offices, once TONGSUNG has taken all the details of the booking, TONGSUNG 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 TONGSUNG has taken payment and/or confirmed and accepted a booking that a contract will exist between you and us.
1.3 Once TONGSUNG has accepted a booking and/or taken payment, any subsequent changes or cancellations to your original booking will be subject to these Terms and Conditions.
1.4 Upon payment for a booking of a Travel Package or hotel accommodation, 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 staff. 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 and accommodation) and for reading and understanding these Terms and Conditions. TONGSUNG and its 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.
1.5 Upon payment for a booking of: (i) Travel Package with Travel Extras; (ii) Travel Package with add on Travel Extras; or (iii) hotel accommodation with Travel Extras, you will receive a confirmation email and a document delivery email with your flight E-ticket, hotel check-in voucher and/or Travel Extras voucher (as applicable). To check in to your hotel please present the confirmation email and hotel check-in voucher to the hotel. To claim the Travel Extras, please present relevant Travel Extras voucher to the Travel Extras supplier as instructed in the voucher. You are responsible for checking that you, and any other person(s) on whose behalf you make purchase, satisfy the terms and conditions imposed by the Travel Extras supplier (such as age or height requirements for admission/entry) and for any additional costs incurred because of noncompliance.
1.6 Any special offers booked may have additional and/or specific terms and conditions attached, in addition to these booking conditions. Please refer to the promotional literature and read any additional and/or specific terms and conditions before booking as once confirmed you are deemed to have accepted them.
1.7 Valid promotional voucher code issued by TONGSUNG (“Promotional Voucher Code”) may be applied to Travel Package. The Promotional Voucher Code discount is only applicable to the package base price, and is not applicable to any taxes and other surcharges, and additional or optional fees to the booking. The Promotional Voucher Code may not be used or combined with other coupons, promotions or special offers. There are separate terms and conditions applying to each Promotional Voucher Code. Please refer to the information provided at the time of booking.
1.8 If you have booked Travel Extras with us, there are separate terms and conditions which apply in addition to these Terms and Conditions. Please refer to the information provided at the time of booking.
1.9 You must be at least 18 years old to make and pay for a booking of a Travel Package with TONGSUNG.
1.10 All passengers under the same record locator (booking reference) must check in and travel together or be rejected for boarding. Under no condition will passengers be allowed to board separately.
2. Changes or cancellations by you
A. Amendments, Cancellations and Refunds For Hotel Only Booking
2.1 To cancel your hotel booking or make an amendment to your hotel booking, you will need to contact TONGSUNG reservations office for assistance, as these cannot be carried out on the Website.
2.2 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 TONGSUNG any charges levied by a hotel occasioned by a change or cancellation.
2.3 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 TONGSUNG as soon as possible.
2.4 Except as otherwise provided or agreed by TONGSUNG, no refund will be made on any partly-used hotel bookings. For example where you have checked out of your hotel early, a 100% charge relative to the booking will apply.
2.5 TONGSUNG 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)
2.6 For cancellation or amendment to your booking for a Travel Package made:
- between 29 days and 20 days prior to the departure date, the cancellation charge is 10% of the total price of the Travel Package;
- between 19 days and 10 days prior to the departure date, the cancellation charge is 15% of the total price of the Travel Package;
- between 9 days and 8 days prior to the departure date, the cancellation charge is 20% of the total price of the Travel Package;
- between 7 days and 1 day prior to the departure date, the cancellation charge is 30% of the total price of the Travel Package;
- on the departure date, the cancellation charge is 50% of the total price of the Travel Package;
- after day of departure or if you no-show, the cancellation charge is 100% of the total price of your Travel Package. In this case you can apply for a refund of taxes comprised in the price of the Travel Package and if the application for refund is made within one month of cancellation TONGSUNG will credit the amount to your credit card.
2.7 Above penalties are to be levied per person for cancellation after ticketing. All amendments to Travel Package are subject to availability and price changes.
2.8 All terms set out in clause 2 section A shall also apply to Travel Packages to the extent relevant.
2.9 All cancellation charges are a genuine pre-estimate of TONGSUNG’s losses and will cover the charges that TONGSUNG will incur from its suppliers, lost profits and administrative expenses.
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)
2.10 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.
2.11 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.
2.12 For cancellation or amendment to your booking for a Travel Package with add on Travel Extras made:
- between 29 days and 20 days prior to the departure date, the cancellation charge is 10% of the total price of the Travel Package and 100% of the total price of the add on Travel Extras portion;
- between 19 days and 10 days prior to the departure date, the cancellation charge is 15% of the total price of the Travel Package and 100% of the total price of the add on Travel Extras portion;
- between 9 days and 8 days prior to the departure date, the cancellation charge is 20% of the total price of the Travel Package and 100% of the total price of the add on Travel Extras portion;
- between 7 days and 1 day prior to the departure date, the cancellation charge is 30% of the total price of the Travel Package and 100% of the total price of the add on Travel Extras portion;
- on the departure date, the cancellation charge is 50% of the total price of the Travel Package and 100% of the total price of the add on Travel Extras portion;
- after day of departure or if you no-show, the cancellation charge is 100% of the total price of the Travel Package and ad on 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 TONGSUNG reservations offices.
2.13 For the avoidance of doubt, you will not be entitled to a refund for any add on Travel Extras portion cancelled or amended regardless of when you request for that cancellation or amendment. Once cancelled or amended, any add on Travel Extras will need to be booked again at the full price of those products at the time of that subsequent booking.
2.14 All amendments to Travel Package with add on Travel Extras are subject to availability and price changes.
2.15 All terms set out in clause 2 section A shall also apply to Travel Packages with add on Travel Extras to the extent relevant.
2.16 All cancellation charges are a genuine pre-estimate of TONGSUNG’s losses and will cover the charges that TONGSUNG will incur from its suppliers, lost profits and administrative expenses.
D. Amendments, Cancellations and Refunds of Promotional Voucher Code
2.17 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.
3. Changes or cancellations by TONGSUNG
3.1 It is unlikely that TONGSUNG will have to change or cancel your booking. If TONGSUNG does make changes then TONGSUNG will inform the person who made the booking as soon as TONGSUNG reasonably can.
3.2 TONGSUNG 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. TONGSUNG 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. TONGSUNG 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 TONGSUNG. 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.
3.3 TONGSUNG will take reasonable steps to avoid having to cancel your booking. In the unlikely event that TONGSUNG cancels your booking TONGSUNG will notify and provide you with a full refund of the price you have paid to TONGSUNG. Subject always to clause 10, TONGSUNG will not be liable for any additional compensation even if you buy an alternative product at a higher price and no additional compensation will be paid.
3.4 TONGSUNG shall have the sole and absolute discretion to cancel or shorten the duration of any Travel Package or hotel stay or Travel Extras 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 TONGSUNG which render it necessary in its reasonable opinion that such steps be taken (“Force Majeure event”). TONGSUNG 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. TONGSUNG is not liable to pay you compensation if we or our suppliers are prevented from performing the terms of your booking or are hindered in doing so due to a Force Majeure event.
4. The price and payment
4.1 Prices quoted on the Website or by a TONGSUNG customer representative are valid for a specified period of time as indicated on the Website or by the TONGSUNG representative, and unless otherwise specified by TONGSUNG, 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 Sydney to Hong Kong, the price will be quoted in Australian dollars.
4.2 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.
4.3 Prices for Travel Packages, hotels and Travel Extras include Government taxes and fees. However, it may not include other possible charges including “resort fees” for certain services and optional consumption based costs and any other fees that are charged to you by, and/or payable directly by you to, the hotels or Travel Extras suppliers.
4.4 Hotel and apartment prices are per room per night, and are based on the dates and occupancy you specify to TONGSUNG at the time of booking.
4.5 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.
4.6 Hotel and apartment facilities, such as sports and leisure equipment, are not included unless otherwise stated in the hotel / apartment description.
4.7 Check-in at most hotels is 2pm, with check-out by 11am, but can vary by hotel, time of year and country.
4.8 ‘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.
4.9 Charges for booking extra nights' accommodation after your arrival will be at the rate advertised by the hotel.
4.10 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.
4.11 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 years of age and a 'child' is between 2 and 11 years of age 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 or Travel Extras supplier’s definition of an ‘infant’ or a 'child' can and does vary, but is always advised at the time of booking. Please refer to the information on the hotel or Travel Extras advertised and provided at the time of booking and if in doubt please contact us for further information
4.12 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 years of age to check-in hotels on their own without any adult companion.
4.13 Infants under 2 years of age 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.
4.14 When you book with TONGSUNG on the Website, a valid credit card is required to complete the transaction. Once you press the ‘Confirm Booking Request’ button, TONGSUNG 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.
4.15 All payments to TONGSUNG will be collected by Cathay Pacific Airways Limited on behalf of TONGSUNG. Therefore the merchant on your credit card statement for any payments made to TONGSUNG for purchases of any services or products offered by TONGSUNG 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 TONGSUNG only, and is not otherwise involved in the purchase of goods and services by you including Travel Packages via the Website or TONGSUNG reservations offices or in your booking process with TONGSUNG. 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.
4.16 TONGSUNG 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 3.2 and 10 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.
4.17 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.
5. Entry requirements
5.1 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. TONGSUNG 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. Asia Miles Accrual
6.1 Except as otherwise provided or agreed by TONGSUNG, all Travel Packages are eligible for 500 bonus Asia Miles per passenger. Asia Miles will only be credited:
- ONCE per Travel Package booking;
- to the eligible member's account 6 to 8 weeks after usage of the entire Travel Package; and
- when valid Asia Miles membership number is provided at the time of booking. To join Asia Miles membership programme, please visit www.asiamiles.com.
7. Hotel standard and Information
7.1 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 values can sometimes be unavailable due to renovation or maintenance of the hotel, or incorrect information may be provided by a hotel. TONGSUNG is not liable for any inconvenience caused, disappointment or damages if any of the listed facilities or added values is not available during your stay as well as any accident or loss in a hotel caused by the hotel and/or its staff. The star rating of a hotel is only indicative and a guide to the level of comfort and facilities at a hotel and we do not independently assess star ratings. The Website does not constitute, and should not be regarded as, a recommendation or endorsement of (the quality, service level or rating of) any hotel listed on the Website. TONGSUNG hereby expressly disclaims any representation, warranty or undertaking in relation to the quality, status or adequacy of any hotel listed on the Website.
7.2 Hotels displayed on the Website and /or offered through the TONGSUNG 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 is provided by the individual hotel and/or TONGSUNG’s suppliers. TONGSUNG cannot guarantee that all information is accurate, complete, correct or up to date, nor can TONGSUNG 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 hotel remains responsible at all times for the accuracy, completeness and correctness of the hotel 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.
7.3 TONGSUNG further cannot guarantee that all hotels, transport or amenities will be suitable for wheelchair users or disabled persons.
8. Travel Extras standard and information
8.1 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 Related Product listed on the Website. TONGSUNG 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.
8.2 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 Travel Extras is provided by the individual Travel Extras providers and/or TONGSUNG’s suppliers. TONGSUNG cannot guarantee that all information is accurate, complete, correct or up to date, nor can TONGSUNG 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.
8.3 TONGSUNG further cannot guarantee that all Travel Extras will be suitable for wheelchair users or disabled persons.
8.4 All Travel Extras posted on the Website are supplied by third party suppliers. TONGSUNG does not guarantee the suppliers’ product/service levels, quality, standards or suitability.
9. Hotel special requests
9.1 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 to hotel availability at time of check in. TONGSUNG will not be responsible if the requests cannot be satisfied or confirmed. Special requests may be subject to additional charges which are payable directly to the hotel.
10. Liability and exclusions
10.1 TONGSUNG has contracted with independent contractors to provide accommodation and non-air services (such as Travel Extras). TONGSUNG is not responsible for any acts and/or omissions of these independent contractors, their employees, Tongsungs, servants or representatives. TONGSUNG will accept no responsibility or liability in respect of either person or property for any loss, damage, injury, accident, delay or irregularity however occasioned, sustained or suffered during or on any land services, or in the carrying out of any such agreements booked by TONGSUNG.
10.2 These Terms and Conditions set out the full extent of TONGSUNG’s obligations and liabilities in respect of the performance of services and there are no warranties, conditions or other terms that are binding on TONGSUNG except as expressly stated in these Terms and Conditions. Any warranty, condition or other term concerning any goods or any services which might otherwise be implied into or incorporated in the contract between TONGSUNG and you by statute, common law or otherwise is hereby expressly excluded.
10.3 Notwithstanding the above, nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or liability implied into the contract between TONGSUNG and you where to do so is illegal or would render any provision of the contract void. In particular TONGSUNG will carry out all services with reasonable care and skill and this is not excluded.
10.4 Nothing in these Terms and Conditions and in the contract between TONGSUNG and you shall limit or exclude our liability for death or personal injury caused by our negligence. This clause 10 is also subject to any mandatory provisions of local law in the country where goods are delivered or services performed which do not permit the limitation of liability in cases of wilful misconduct or negligence.
10.5 Subject to the above clauses and to such extent as permitted by applicable law, TONGSUNG will not be liable under the contract between TONGSUNG and you or otherwise for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising or for any damage caused by any product or failure of such product to perform or any services or failure to render such service and whether caused by tort (including negligence), breach of contract or otherwise.
10.6 Subject to the above clauses and to such extent as permitted by applicable law, TONGSUNG’s maximum aggregate liability under these Terms and Conditions whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to TONGSUNG in respect of the product(s) and service(s) in question.
10.7 To such extent as permissible by applicable law and subject to the above clauses, TONGSUNG shall not be liable to you or any third party for any loss or damage however caused which may be directly or indirectly suffered in connection with use of the Website, any purchases of goods or services on or through the Website or the delivery and/or use of such items.
11.1 TONGSUNG 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.
12.2 Neither TONGSUNG’s failure nor your failure to enforce any term of the contract between TONGSUNG and you constitute a waiver of right to enforce such term. Such failure shall in no way affect the right later to enforce such term.
12.3 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.
13. Governing law and jurisdiction
13.1 These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region. The parties hereby submit to the non exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region, 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.