Please read the Terms and Conditions for Booking Travel Products and Personal Information Collection Statement below before using the iNet Online Booking Platform.
Upon agreeing to them, you will then be redirected to the website of a third party partner to proceed with your booking.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY APPLY TO ANY BOOKINGS AND/OR YOUR USE OF BOOKING SYSTEM (AS DEFINED BELOW). BY PROCEEDING TO USE THE BOOKING SYSTEM, YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
Capitalised terms used in these Terms and Conditions shall have the following meanings:
"Agent" has the meaning given in Clause 9.7;
"Airline" means the relevant airline operator providing flight services in relation to the E-tickets and Offers;
"Booking" means the purchase and booking of a Travel Product via the Booking System;
"Booking System" means the online system, as operated and maintained by the System Provider, which enables users to purchase and book a Travel Products;
"Confirmation Email" has the meaning given in Clause 7.5;
"E-ticket" means an electronic air ticket in respect of your Booking;
"Force Majeure Event" has the meaning as given in Clause 12.4;
"Intellectual Property Rights" means any copyright, trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, designs, database rights, inventions, semiconductor topography rights, know-how, trade secrets or any similar rights exercisable in any part of the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, anywhere in the world, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
"Offer" means any Travel Products offered for booking and purchase on the Website via the Booking System, including information regarding price, dates of travel, destination, airline or flight class and hotel room;
"PICS" means our personal information collection statement which can be accessed at https://www.swiretravel.com/e-news/Terms.html;
"Promotional Voucher Code" has the meaning given in Clause 9.12;
"Services" has the meaning given in Clause 15.4;
"Swire Travel", "we", "us" and "our" means Swire Travel Limited a company incorporated under the laws of Hong Kong, whose registered office address is at Unit 501, 5/F, Tower B, Manulife Financial Centre, 223 Wai Yip Street, Kwun Tong, Kowloon, Hong Kong.
"System Provider" means our third party service provider who operates and maintains the Booking System.
"Travel Products" means air-ticket, hotel room/right and packages which are composed of air-ticket and hotel room/right.
"Website" means our website at http://www.swiretravel.com;
"Website Content" means any data, material, communications or information, in any format whatsoever, including any data files, text, computer software, images, graphics, photos, videos, sound, audio files, documents or any other materials used, displayed on, or transmitted or made available through the Website or the Booking System, including the Offers;
"you" or "your" means you, the user of the Booking System.
"User Content" means any data, material, communications or information, in any format whatsoever, provided, uploaded, transmitted, submitted or posted by or sourced from you via the Booking System or otherwise in relation to your Booking or any potential Booking;
2.1. The Booking System is provided by us to enable users to make a Booking through the use of the Website and Booking System.
3. Acceptance of these Terms and Conditions
3.1. By accessing the Booking System, you agree to be bound by and accept these Terms and Conditions. Your access and use of the Booking System is contingent upon you agreeing to be bound by these Terms and Conditions. You may not use the Booking System if you do not agree to accept all of these Terms and Conditions.
4. Change of Terms
4.1. Swire Travel shall have the right and sole discretion to amend these Terms and Conditions at any time by posting revised Terms and Conditions on the Website. Any revised version of these Terms and Conditions shall be immediately effective once it is posted on the Website and shall apply to any further use by you of the Booking System after the amended Terms and Conditions have been posted on the Website. It is your responsibility to regularly review the Website and the Terms and Conditions.
5. Changes and Suspension to the Booking System
5.1. We may, in our sole discretion and at any time, without notice or any liability to you, add to, amend or remove any Website Content, or modify, discontinue, suspend, deny access to, or terminate the provision of the Booking System (or any part thereof).
6. Your Use of the Booking System
6.1. You represent, warrant and undertake that:
(a) you are at least 18 years old;
(b) you will only use the Booking System to make a legitimate Booking on your own behalf or on behalf of another individual, who has authorised you to make a Booking on their behalf;
(c) for any Booking that you seek to make on behalf of another individual, you have informed them of these Terms and Conditions, and they agree to be bound by them; and
(d) any User Content you supply us true, accurate, complete and up-to-date.
7.1. These Terms and Conditions apply to all Bookings. When a Booking is submitted, your contract with Swire Travel with respect to such Booking will only come into existence once the Confirmation Email is issued in respect of that Booking.
7.3. At the time you seek to submit a request for a Booking via the Booking System, a notice will appear on the Booking System asking you to confirm whether or not you wish to proceed with the Booking or to cancel your request. If you click "OK" on the Booking System and thereby confirm that you would like to proceed with your Booking, Swire Travel will then proceed to process your Booking. If everything is correct and in order (in Swire Travel's reasonable opinion), we will then proceed to process your payment.
7.4. After we receive full payment for a Booking, you will later receive a confirmation email ("Confirmation Email") followed by a document delivery email with an E-ticket or E-voucher for hotel room/right or package. You are solely responsible for checking the Booking details and ensuring that both the Confirmation Email and the E-ticket or E-voucher contain the correct information (including dates, times, destinations, airline, hotel room and names exactly as they appear on your passport and flight schedules). Swire Travel and the System Provider shall be entitled to rely on any of User Content provided via the Booking System or at the time you submitted the Booking and shall not be responsible for any incorrect information you provided.
7.5. Once Swire Travel has issued the Confirmation Email, any subsequent changes or cancellations to your original Booking will be subject to Clause 11 below.
8.1. To check in, please present the E-ticket and your valid travel document at the relevant counter of the Airline. You are responsible for checking that you, and any other persons for whom you made a Booking, comply with the terms and conditions imposed by the relevant Airline (such as age, baggage allowance and baggage restrictions) as additional costs may be incurred for non-compliance.
8.2. All passengers under the same record locator (booking reference) must check in and travel together or they will be rejected for boarding with no exception.
8.3. SWIRE TRAVEL PROVIDES RESERVATION SERVICES FOR VARIOUS AIRLINES. SWIRE TRAVEL IS NOT RESPONSIBLE FOR ANY ACTS AND/OR OMISSIONS OF THE AIRLINES, THEIR EMPLOYEES, AGENTS, SERVANTS OR REPRESENTATIVES.
8.4. SWIRE TRAVEL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY, ACCIDENT, CANCELLATION, TERMINATION, DELAY OR IRREGULARITY HOWSOEVER CAUSED, SUSTAINED OR SUFFERED DURING OR IN THE CARRYING OUT OF THE AIRLINE'S SERVICES OR AS OTHERWISE CAUSED BY THE AIRLINES, THEIR EMPLOYEES, AGENTS, SERVANTS OR REPRESENTATIVES.
9. The price and payment
9.1. Prices quoted as part of the Offers on the Website or Booking System, are valid for the specified period of time as indicated on the Website or Booking System. Unless otherwise specified by Swire Travel, all prices will be in Hong Kong Dollars and all Bookings will be processed and charged in Hong Kong Dollars.
9.2. Your total Booking price will be confirmed in the Confirmation Email and as stated on your E-ticket or E-voucher. Some airports may require an additional facilities usage fee upon departure. You are solely liable for payment of such fees.
9.3. The price of a Booking shall only include the price of the Travel Product and any applicable tax.
9.4. When you make a Booking on the Website, a valid credit card is required to complete the transaction. Once you click the "Confirm Booking Request" button on the Booking System, you acknowledge and agree that your credit card will be charged in full by Swire Travel or its Agent (as defined in Clause 9.7) for the total price of the Booking, which includes the price displayed as part of the Offer on the Website or Booking System, plus tax and administrative fees.
9.5. The Booking is only guaranteed once full payment has been received and the E-ticket or E-Voucher has been issued. Should there be any payment failure and no actual payment is transferred, Swire Travel has no liability and has the right to cancel the Booking.
9.6. Credit card issuing banks may charge an international transaction fee depending upon country of the issuing bank and currency of the credit card. Please check with your credit card issuing bank for details.
9.7. All payments to Swire Travel will be collected by Swire Travel's appointed agent for and on behalf of Swire Travel ("Agent"). The Agent will be identified as the merchant on your credit card statement for any payments made to Swire Travel for a Booking. The Agent is collecting payments on behalf of Swire Travel only, and is not otherwise involved in your Booking. You acknowledge and accept this arrangement and the fact that your credit card statement will identify the Agent as the merchant is the result of the underlying financial mechanism of payment, and does not in any way reflect a contractual relationship between you and the Agent.
9.8. All Offers and prices quoted on the Website or Booking System are subject to availability and can be withdrawn or varied without notice or liability to you. In particular, Airlines and Hotels may change their prices without notice.
9.9. Despite our best efforts, prices and Offers as advertised on our Website or Booking System may vary from time to time and may differ from the actual price payable due to factors outside our control. For example, the Airlines and/or Hotels may amend or cancel their Offers without having notified Swire Travel. There may also be a time lag between when we are notified by the Airlines and/or Hotels of any changes to the Offers and the updating of the Offers as shown on our Website or the Booking System. Price changes shall not affect Bookings already accepted and paid for in full by you.
9.10. SWIRE TRAVEL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS IN THE OFFERS OR PRICING.
9.11. We may provide special Offers, from time to time and in our sole discretion. Our special Offers may have specific terms and conditions attached, in addition to these Terms and Conditions. Please refer to the relevant promotional documents provided on the Website in respect of the special Offer before making a Booking. Once you click the "OK" button on the Booking System, after being prompted as to whether or not your wish to proceed with the Booking, you are deemed to have accepted such additional terms and conditions.
9.12. We may issue promotional voucher codes with discounts for Bookings from time to time ("Promotional Voucher Code"). The Promotional Voucher Code is only applicable to the Ticket fare and/or Hotels in a Booking and is not applicable to any taxes and other surcharges, or any additional or optional fees for 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 in addition to these Terms and Conditions. Please refer to the information provided at the time a Promotional Voucher Code is issued.
10. Children and infants
10.1. According to the standard of most Airlines and Hotels, an infant is defined as an individual under 2 years old, and a child is defined as an individual between 2 and 11 years old, as of the return date of their travel. If a child is travelling with you on a flight, then you must purchase a seat on the aircraft for the child. An infant is not required to have a seat on an aircraft, and is expected to sit on your lap for the duration of the flight. If you require a seat for an infant, a Booking must be made for the infant, and such Booking shall be charged on the basis that the infant is a child. Please refer to the relevant Airline's carriage conditions for details.
10.2. All infants and children must be accompanied by an adult aged 18 years or above when travelling on a flight.
10.3. A maximum of one infant can be accompanied by one adult.
11. Changes or cancellations made by you
11.1. Different rules apply depending on the type of Offer. There may be limits on the validity of the relevant Offer, ticket, hotel, refund policies, and so on, and different cancellation charges may apply. You are strongly advised to read through the rules associated with each type of Offer to determine if the Offer suits your travel needs before you make a Booking. Once you click the "OK" button on the Booking System, after being prompted as to whether or not your wish to proceed with the Booking, you accept the corresponding terms and rules in relation to the relevant Offer. Cancellation charges, if any, will apply for any subsequent cancellation of a Booking after the Confirmation Email is issued.
11.2. There may be a non-refundable processing/service fee for each flight ticket and/or hotel room/right within a Booking, in respect of:
(a) any amendments or rebooking (in addition to any Airline and/or Hotel's rebooking fee);
(b) reissuance or revalidation (in addition to any fare difference and Airline and/or Hotel service fee); or
(c) Booking cancellation or amendments (in addition to any Airline and/or Hotel cancellation or amendment fee).
11.3. Subject to any applicable refund policies posted on our Website or notified to you, and any terms and conditions of the relevant Airlines and/or Hotels, if you cancel a Booking you have already made payment for, a refund will be made to you. It may take 3 to 6 months before the refund credit appears in your credit card account. The preceding refund timeline is for your reference only and shall not be binding upon Swire Travel.
11.4. You agree to bear the full cost of any Booking, cancellation and administration fees for any products or services booked but not utilized for any reason. In some cases, Swire Travel may charge cancellation and/or amendment fees in addition to those imposed by the relevant Airline and/or Hotel.
11.5. The Promotional Voucher Code has no cash value on amendment, cancellation and/or refund for a Booking. Any amendment and cancellation charge for a Booking will be calculated based on the original fare before any corresponding Promotional Voucher Code discount was applied.
12. Changes or cancellations made by Swire Travel
12.1. It is unlikely that Swire Travel will have to change or cancel your Booking. If the Airline or Hotel makes changes that affect your Booking, we will inform you as soon as we reasonably can.
12.2. Swire Travel reserves the right to make changes that are not significant and to correct minor and obvious errors in your Booking details and/or to correct any obvious errors in pricing (including where we have confirmed/accepted the Booking and/or taken payment) at any time without liability to you. Swire Travel, to the extent permitted by law, may change the price of an Offer where the wrong price has been advertised or otherwise furnished to you due to clerical or technical error. In the event that you have already made a Booking based on such Offer and incorrect pricing, Swire Travel may notify you and may amend the price of your Booking accordingly, subject to your consent. 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.
12.3. Swire Travel will take reasonable steps to avoid having to cancel your Booking. In the event that the Airline or Hotel or Swire Travel cancels your Booking, Swire Travel will notify and provide you with a full refund of the price you have paid to Swire Travel. Swire Travel shall not be liable for any additional compensation to you, even if you make an alternative Booking at a higher price.
12.4. Swire Travel shall have discretion to cancel or amend any Booking 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, or other circumstances beyond the control of Swire Travel which render it necessary in its reasonable opinion that such steps be taken ("Force Majeure Event").
12.5. Swire Travel shall be relieved of all liabilities and obligations resulting from the Force Majeure Events and shall not be obliged to refund any extra amount paid by you, or any unused portions of services in such circumstances. Swire Travel is not liable to pay you additional compensation if we, the Airline, the Hotel and/or the System Provider are prevented from processing your Booking or performing the terms of your Booking or are hindered in doing so due to a Force Majeure Event.
13. Entry requirements
13.1. It is your responsibility to ensure that you comply with all legal, customs, visa and health requirements of the country/countries that you intend to visit under your Booking. Swire Travel shall not be responsible or liable for any refusal of entry, illness, delays or costs resulting from your failure to meet these requirements.
13.2. You are responsible for ensuring 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.
14. Airline standards and information
14.1. The Offers and any content posted or made available via the Website or Booking System shall not constitute, and should not be regarded as, a recommendation, representation, warranty or endorsement of the quality, service level or rating of any Airlines. SWIRE TRAVEL EXPRESSLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN RELATION TO THE QUALITY, STATUS OR ADEQUACY OF ANY AIRLINE'S SERVICES.
14.2. THE OFFERS, CONTENT, INFORMATION, IMAGES, DATA AND ANY OTHER MATERIALS IN RELATION TO AN AIRLINE'S SERVICES THAT ARE POSTED ON OR ARE MADE AVAILABLE ON THE WEBSITE OR BOOKING SYSTEM ARE PROVIDED BY THE RELEVANT AIRLINE. SWIRE TRAVEL PROVIDES NO GUARANTEE, REPRESENTATION OR WARRANTY THAT ANY OF THE OFFERS OR SUCH INFORMATION IS ACCURATE, COMPLETE, CORRECT OR UP-TO-DATE.
14.3. CHANGES IN MARKET CONDITIONS OR CIRCUMSTANCES MAY OCCUR ON SHORT NOTICE WHICH MAY RENDER THE OFFERS OR INFORMATION ON THE WEBSITE AND/OR BOOKING SYSTEM INACCURATE OR OUTDATED.
15. Your Conduct
15.1. You agree that:
(a) you will not engage in any activity that interferes with or disrupts the Website or the Booking System;
(b) you will not copy, reproduce, download, re-publish, sell, exploit or distribute any part of the Website or Booking System;
(c) you shall only use the Website, the Booking System and the Offers and content of the Website and Booking System solely for your own personal purposes in order to make a Booking or to consider making a Booking;
(d) you shall not install, import or transmit any disabling codes, "time bombs", "worms", viruses, malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging or shutting down the Website or Booking System (or any part thereof) or any other telecommunications or computer systems, networks or devices, or otherwise attempt to gain unauthorised access to the Website or Booking System or any other telecommunications, computer systems, networks or devices connected to the Website or Booking System;
(e) you shall not take any action or allow any third party to take any action that would enable you, or any third party, to gain unauthorised access to or to tamper with the Website or Booking System or any computer systems or networks of Swire Travel or the System Provider;
(f) you are solely responsible for, and Swire Travel has no responsibility to you or to any third party for any breach of your obligations under these Terms and Conditions, and for the consequences of any such breach;
(g) you shall not use the Website or Booking System to post, send, communicate, transmit, knowingly receive, upload or download any material that is (or engage in any behaviour that is or encourages any) harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene, unlawful, fraudulent, misleading, or are intended to deceive, or are otherwise objectionable or unreasonable; and
(h) you shall not commit fraud or otherwise impersonate any person or falsely state or misrepresent yourself as being or being affiliated with another person.
16.1. YOU ACKNOWLEDGE AND AGREE THAT DURING THE TRANSMISSION, SUBMISSION OR UPLOADING OF USER CONTENT OR THE PROCESSING OF YOUR BOOKING OR PAYMENT THROUGH THE BOOKING SYSTEM, THE BOOKING SYSTEM MAY FAIL, BE INTERRUPTED, BREAKDOWN, CONTAIN VIRUSES, MALFUNCTION, BE SLOW TO PROCESS, CONTAIN ERRORS OR ANY OTHER DEFECTS OR DEFAULTS. NO GUARANTEE, REPRESENTATION, UNDERTAKING OR WARRANTY IS PROVIDED BY US TO AVOID, PREVENT OR RECTIFY SUCH CIRCUMSTANCES.
16.2. WE SHALL IN NO WAY BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES INCURRED OR SUFFERED BY YOU OR ANYONE ELSE AS A RESULT OF ANY DELAY, FAILURE, INTERRUPTION, BREAKDOWN, VIRUSES, MALFUNCTIONS, ERRORS, DEFECTS OR DEFAULTS IN THE TRANSMISSION, SUBMISSION OR UPLOADING OF USER CONTENT OR THE PROCESSING OF YOUR BOOKING OR PAYMENT THROUGH THE BOOKING SYSTEM.
16.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND BOOKING SYSTEM, AND YOUR BOOKINGS AND/OR RELIANCE ON OR USE OF ANY OFFERS OR INFORMATION ON THE WEBSITE OR BOOKING SYSTEM, IS AT YOUR SOLE RISK AND THAT SUCH IS PROVIDED “AS IS” AND “AS AVAILABLE”.
16.4. THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF SWIRE TRAVEL'S OBLIGATIONS AND LIABILITIES IN RESPECT OF THE SERVICES WE PROVIDE IN RELATION TO YOUR BOOKING AND THE BOOKING SYSTEM ("SERVICES") AND THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON SWIRE TRAVEL EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
16.5. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWIRE TRAVEL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, COMPLETENESS AND ACCURACY.
16.6. WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 15.4 ABOVE, SWIRE TRAVEL MAKES NO REPRESENTATIONS OR WARRANTIES:
(a) AS TO THE ACCURACY, QUALITY, COMPLETENESS, CURRENTNESS, ADEQUACY, RELIABILITY OR VALIDITY OF ANY OFFERS, INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE, THE BOOKING SYSTEM, THE CONFIRMATION EMAIL OR THE E-TICKETS;
(b) THAT THE WEBSITE, THE BOOKING SYSTEM, THE OFFERS, THE SERVICES, THE CONTENT OF THE WEBSITE OR THE BOOKING SYSTEM WILL MEET YOUR REQUIREMENTS, OR ARE FREE OF DEFECT, ERROR, OMISSION, VIRUS OR ANYTHING WHICH MAY CHANGE, ERASE, ADD TO OR DAMAGE YOUR SOFTWARE, DATA OR EQUIPMENT;
(c) THAT YOUR USE OF THE WEBSITE, THE SERVICES OR THE BOOKING SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE AND THE BOOKING SYSTEM WILL BE CORRECTED.
16.7. ANY MATERIALS (INCLUDING THE OFFERS, THE CONTENT ON THE WEBSITE OR BOOKING SYSTEM, THE E-TICKETS, CONFIRMATION EMAIL AND BOOKINGS) ARE USED AND/OR OBTAINED VIA THE SERVICES, THE WEBSITE AND/OR BOOKING SYSTEM AT YOUR OWN DISCRETION AND RISK.
17.1. Nothing in these Terms and Conditions, shall exclude or restrict any warranty or liability:
(a) for death or personal injury caused by Swire Travel's negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) that may not be lawfully excluded or limited by applicable law.
Only the limitations and/or exclusions that are lawful under the applicable law will apply, and Swire Travel's liability will be limited to the maximum extent permitted by the applicable law.
17.2. SWIRE TRAVEL SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS WHATSOEVER (INCLUDING WHETHER GENERAL, SPECIAL, INDIRECT, DIRECT, NOMINAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INCLUDING LOSS OF PROFIT; LOSS OF REVENUE; LOSS OF TIME; LOSS OF ANTICIPATED SAVINGS; LOSS OF OPPORTUNITY; LOSS OR CORRUPTION OF DATA; LOSS OF USE; LOSS OF BUSINESS; WASTED EXPENDITURE; LOSS OF OR DAMAGE TO PHYSICAL PROPERTY; BUSINESS INTERRUPTION; LOSS OF OR DAMAGE TO GOODWILL; OR COST OF PROCURING SUBSTITUTE SERVICES, WHICH MAY ARISE IN RELATION TO THESE TERMS AND CONDITIONS, THE SERVICES, FAILURE TO RENDER THE SERVICES, THE WEBSITE, THE BOOKING SYSTEM, ANY BOOKING, E-TICKET, CONFIRMATION EMAIL, OFFERS OR CONTENT ON THE WEBSITE OR BOOKING SYSTEM, WHETHER OR NOT SWIRE TRAVEL WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS.
17.3. WITHOUT PREJUDICE TO CLAUSE 15 OR THE GENERALITY OF CLAUSE 16.2, SWIRE TRAVEL SHALL NOT:
(a) BE LIABLE TO YOU FOR ANY LOSS (WHETHER SPECIAL, INDIRECT, DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, INCLUDING ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS OR LOSS OF DATA, OF ANY KIND HOWSOEVER ARISING OR FOR ANY DAMAGE CAUSED BY THE SERVICES, FAILURE TO RENDER THE SERVICES, THE WEBSITE, THE BOOKING SYSTEM, ANY BOOKING, E-TICKET, CONFIRMATION EMAIL, OFFERS OR CONTENT ON THE WEBSITE OR BOOKING SYSTEM, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE;
(b) BE LIABLE FOR ANY CONTENT, SERVICES, OFFERS OR MATERIALS PROVIDED BY ANY AIRLINES, THE SYSTEM PROVIDER OR ANY THIRD PARTY; OR
(c) BE LIABLE FOR ANY CHANGES OR AMENDMENTS TO THE OFFERS (IN WHOLE OR IN PART).
17.4. SUBJECT AND WITHOUT PREJUDICE TO CLAUSES 15, AND 16.1 TO 16.3, SWIRE TRAVEL'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 SWIRE TRAVEL IN RESPECT OF THE RELEVANT BOOKING LAST MADE BY YOU THROUGH THE BOOKING SYSTEM.
17.5. SUBJECT AND WITHOUT PREJUDICE TO CLAUSES 15, AND 16.1 TO 16.3, SWIRE TRAVEL 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 THE USE OF THE WEBSITE OR ANY SERVICES OFFERED BY THE AIRLINES.
18. Intellectual property
18.1. All the Intellectual Property Rights in the Website, the Booking System and all of their content are owned by either Swire Travel, the System Provider, the Airlines or the Hotels (as applicable). Your use of the Website, the Booking System and the content of each, grants no rights to you in relation to any Intellectual Property Rights subsisting in them.
18.2. You shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Booking System, the Offers or any content provided or made available through the Website or Booking System (either in whole or in part), unless expressly authorised under these Terms and Conditions.
19. External Websites
19.1. The Website and Booking System may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties. You understand and agree that:
a) Swire Travel has no control over and does not monitor such third party websites, content, or resources;
b) Swire Travel makes no guarantee or warranty, and is not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sites or resources); and
c) Swire Travel does not endorse any websites linked to the Website or Booking System, or any advertising, products, goods, services or other materials on or available through such websites or resources.
19.2. YOU UNDERSTAND AND AGREE THAT YOU ACCESS SUCH EXTERNAL WEBSITES, CONTENT OR RESOURCES AT YOUR OWN RISK, AND SWIRE TRAVEL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, WHATSOEVER (WHETHER INDIRECT, DIRECT OR CONSEQUENTIAL), IN RELATION TO THIRD PARTY WEBSITES, CONTENT OR RESOURCES, OR GOODS, SERVICES OR MATERIAL POSTED, VIEWED, ACCESSED, ADVERTISED, PROVIDED, REFERRED TO OR MADE AVAILABLE VIA SUCH EXTERNAL WEBSITES OR RESOURCES.
20.2. A failure or delay by you or Swire Travel to exercise any right or act upon a breach under these Terms and Conditions shall not be a waiver of that right or breach. Any waiver by you or Swire Travel of any rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the particular right or breach stated therein.
20.3. Swire Travel may restrict your access to the Website at any time, without notice and without liability.
20.4. You may not transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of Swire Travel. Swire Travel may transfer its rights or obligations or both to any person or entity, including any of its affiliates, without your consent.
20.5. These Terms and Conditions are drafted in the English language. If these Terms and Conditions are translated into any other language, such translation is provided for reference purposes only and the English language version shall prevail.
20.6. If any of these Terms and Conditions are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms and Conditions had been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.
21. Governing law
21.1. These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region and 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 the local law in the country where you are located which stipulate that the relevant local law should apply and/or that the local courts should have jurisdiction.
This PICS sets out the purposes for which your personal data will be collected, used, processed and transferred in relation to any Booking made by you via the Booking System (as defined in paragraph 1 below) or via our website at http://www.swiretravel.com ("Website"), and how it may be used by Swire Travel Limited ("Swire Travel", "we", "us" or "our") as well as your rights under the Personal Data (Privacy) Ordinance, Cap 486 ("Ordinance").
Capitalised terms used in this PICS shall have the following meanings:
"Booking" means the purchase and booking of an air ticket, airport limousine services, travel insurance and other travel-related services via our Website or the Booking System;
"Booking System" means the online system, as operated and maintained by the System Provider, which enables users to purchase and book air tickets;
"Credit Card Information" has the meaning given in paragraph 2.1;
"Personal Data" means any data relating directly or indirectly to a living individual, from which it is practicable for the identity of that individual to be ascertained;
"System Provider" means our third party service provider who operates and maintains the Booking System.
2. Personal Data Collection
2.1 In order for us to process your Booking we require you to provide us with the following Personal Data:
(a) your full name;
(b) your date of birth;
(c) your travel document number, issuing country and expiry date;
(d) your frequent flyer membership number (if applicable);
(e) your email address (if you wish to receive an email confirmation of your Booking);
(f) your name as shown on the credit card used for payment, the credit card number, security code and expiry date ("Credit Card Information");
(g) the destination of your travel;
(h) your departure and return dates and times;
(i) your preferred class of service, flight type and airline;
(j) your country of origin from where you will be travelling from;
(k) your gender;
(l) your mobile contact number;
(m) your special meal preference (if applicable);
(n) your seat preference (if applicable);
(o) your visa code or number, visa issue date, country of issuance of visa, and the applicable country to which your visa relates (if required by the destination country related to your Booking); and
(p) your destination street, destination city and destination postal code (if required by the destination country related to your Booking).
2.2 If you seek to make a Booking on behalf of another individual, then we may require you to also provide the above Personal Data in relation to such individual. You warrant and undertake that you have obtained the consent of the relevant individual to provide their Personal Data to us in relation to the Booking, for us to use and transfer their Personal Data in accordance with this PICS.
2.3 The Credit Card Information you provide to us will be deleted from our server and will not be saved or retained by us once you have successfully completed the payment for your Booking.
2.4 It is mandatory for you to provide us with the above Personal Data (unless indicated otherwise on the relevant form). Failure to provide the mandatory Personal Data may prevent us from processing your Booking.
3. Purposes for which the Personal Data is collected and used
3.1 We may use the Personal Data you provide for one or more of the following purposes:
(a) to process your Booking, including processing payment for your Booking;
(b) to send you a confirmation email of your Booking;
(c) to retrieve your Booking when handling your enquiries;
(d) to contact you regarding your Booking, if necessary;
(e) to facilitate or process the payment for Bookings, including verification of credit card details with third party payment gateways, and to conduct matching procedures against databases of known fraudulent transactions (maintained by us or third parties);
(f) to create a customer profile for you if your Booking is successful, which will include details of your previous Bookings and your Personal Data set out in paragraph 2.1 above (except for your Credit Card Information), and which can only be accessed by us, you and the third parties identified in paragraph 4.1 below; and
(g) subject to your consent, to send you information relating to products and services of Swire Travel in the following categories:
(i) the promotion of hotel, leisure and cruise travel packages operated or provided by Swire Travel;
(ii) the promotion of special events operated, hosted or provided by Swire Travel;
(iii) research and questionnaires about our services; and
(iv) joint collaborations by Swire Travel with different brands (such as banks, credit cards, restaurants, lifestyle products, charities, etc).
4. Disclosure and transfer of Personal Data
4.1 Your Personal Data will be transferred to:
(a) the System Provider, the relevant airline operator, service providers of Swire Travel and online payment gateways used by Swire Travel or the System Provider (whether inside or outside of Hong Kong), for the purposes specified in paragraphs 3(a) to (f) above; and
(b) our parent company and affiliates (whether inside or outside of Hong Kong), for the purposes specified in paragraphs 3(a) to (f) above;
We will not otherwise disclose or transfer the Personal Data to any other parties.
4.2 We may disclose any Personal Data held by us when required by law or by a court order of any jurisdiction, or as requested by any government or law enforcement authorities or administrative bodies.
4.3 We may disclose your Personal Data in relation to any legal claim against you or to defend any claim related to you and/or your Booking.
4.4 The Website contains links to other sites that are operated by third party companies with different privacy practices. You should remain alert when you leave our Website and read the privacy statements of other websites. We have no control over any personal data that you submit to or which are collected by such third party websites.
5. How to access or correct your Personal Data
You are entitled to access or correct your Personal Data held by us. Any data access request or data correction request, or any other data privacy related queries, may be made by contacting our Data Privacy Officer at DataPrivacyOfficer@swiretravel.com.
This PICS is written in the English language and may be translated into Chinese or any other languages. In the event of any inconsistency between the English version and the translated Chinese version or any other translated version of this notice, the English version shall prevail. Without prejudice to the foregoing, please click here if you would like to access the Chinese version of this PICS.
8. Direct Marketing
Swire Travel may send information to you regarding promotions and special offers. If you do not agree to Swire Travel's use of your name and email address for direct marketing purposes in accordance with paragraph 3(g) above, please click here to unsubscribe to the service.
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