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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 and Hotels (as defined in clause 1.1) through Cathay Pacific Airways Limited (國泰航空有限公司) (“CX” or “Cathay Pacific” or "we" or "us") on the Cathay Pacific website available at www.cathaypacific.com/cx/en_NZ.html (“Website”) or at CX’s reservation offices ("Reservation Offices") whose contact details are available at www.cathaypacific.com/cx/en_NZ/about-us/contact-us.html. By making a booking with CX for any Travel Packages, Hotels and/or Travel Extras you acknowledge and agree to having read, understood and accepted these Terms and Conditions

1. Bookings

1.1 These Terms and Conditions apply to bookings for Travel Packages, Hotels 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 and a “Hotel” means hotel and apartment accommodation offered on the Website or through the Reservation Offices.

1.2 When a booking for Travel Packages or Hotels is submitted via the Website or provided by telephone via the CX reservations offices, your contract with respect to such booking will only come into existence once the booking is accepted by CX and/or CX has taken payment. For bookings made through the Website you will receive a "confirmation of receipt" notification of your booking on your screen. CX 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 CX has taken all the details of the booking CX will process your booking and if everything is correct and in order take payment and subsequently confirm and accept your booking by email to the email address provided by you.

1.3 Once CX has accepted a Travel Package booking or a Hotel booking or a Travel Package with Travel Extras 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 containing your flight E-ticket (in relation to Travel Package Bookings) 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).  We strongly recommend that you check all booking documentation that CX provides to you to ensure that it includes the correct information and you must notify CX immediately if there is any error in your booking documentation (including any clerical errors).  CX and 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 unless the information is incorrect due to a clerical or technical error by CX or its employees, agents or representatives.

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 Terms and 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 CX (“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 CX. Age restriction may also apply to hotel bookings.

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 any CX reservations office for assistance, as these cannot be carried out on the Website.

2.2 During the booking process either via the Website or through the Reservation Offices and before you confirm payment, CX 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 CX 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 CX as soon as possible.

2.4 Except as otherwise provided or agreed by CX, 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 CX 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 amendments to your booking for a Travel Package that is made more than 3 days before departure date, the amendment charge is 50% of total price of the Travel Package plus any difference in price in relation to the amended booking details.. All amendments are subject to availability and price changes. No amendment is allowed at less than 3 days before departure date.

2.7 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 total price of the Travel Package.

2.8 For cancellation of your booking for a Travel Package 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 your Travel Package. In this case you can apply for a refund of taxes comprised in the price of the Travel Package by contacting CX reservations offices. 

2.9 All terms set out in clause 2 section A shall also apply to Travel Packages to the extent relevant.

2.10 All cancellation charges are a genuine pre-estimate of CX’s losses and will cover the charges that CX 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)

2.11 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.

2.12 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.

2.13  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.

2.14 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.

2.15 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 CX reservations offices.

2.16 All terms set out in clause 2 section A shall also apply to Travel Packages with add on Travel Extras to the extent relevant.

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

D. Amendments, Cancellations and Refunds For Travel Packages with compulsory Travel Extras (i.e. combination of hotel, flight, and travel related non-air products at an all-inclusive price)

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

2.19 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.

2.20  With regards to amendments, cancellation and refunds, Travel Packages with compulsory Travel Extras may have additional and/or specific terms and conditions attached, in addition to booking conditions in Section 1 of this Terms and Conditions. Please refer to the promotional literature (if any) and read any additional and/or specific terms and conditions before booking as once the booking is confirmed you are deemed to have accepted them.

2.21 All terms set out in clause 2 section A shall also apply to Travel Packages with add on Travel Extras to the extent relevant.

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

E. Amendments, Cancellations and Refunds of Promotional Voucher Code

2.23 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 to Hotel and Travel Package bookings by CX

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

3.2 CX reserves the right to make changes that CX views as insignificant 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, provided that any such changes are not materially detrimental to you and do not change the price payable by you.  Provided that CX has not confirmed/accepted the booking or taken payment from you,. CX 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. CX 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 CX. 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 CX will take reasonable steps to avoid having to cancel your booking. In the unlikely event that CX cancels your booking due to reasons beyond our control, CX will notify and  provide you with a full refund of the total price you have paid to CX. Subject always to clause 10, CX 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 CX 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 CX which render it necessary in its reasonable opinion that such steps be taken (“Force Majeure event”). CX 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. CX 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 are valid for a specified period of time as indicated on the Website.  If no period of time is indicated on the Website, the prices are current at the time of publication and are subject to change at any time.  Unless otherwise specified on the Website, 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. You are solely liable for payment of any such fees.

4.4 Hotel and apartment prices are quoted on a per room per night basis, and are based on the dates and occupancy you specify to CX 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 Specific Hotel terms and conditions may apply to your Travel Package or Hotel booking. Please check these terms and conditions at the time of booking. Such terms and conditions may include, for example:

a) Check-in at most hotels is 3pm, with check-out by 11am, but can vary by hotel, time of year and country.
b) 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
c) 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.

4.8 The "Package Discount" for Travel Package bookings will vary by product and seasonality and may not be available on all Travel 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 your flight and hotel as two separate transactions on the Website on 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;
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 year 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 CX on the Website, a valid credit card is required to complete the transaction. Once you press the 'Confirm Booking Request' button, CX 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 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. CX cannot be held liable for any refusal of entry, illness, delays or costs resulting from your failure to meet these requirements. Some countries may require a passport validity of six months or more and it is your responsibility to check the requirements.

6 Earning Asia Miles

6.1 Except as otherwise determined by CHL, Travel Package bookings and hotel only bookings are eligible to Asia Miles.
For details, please visit https://www.asiamiles.com/en/earn-miles/travel/detail.travel.ap.hong-kong.hong-kong.html/cathay-pacific-holidays

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. CX is not liable for any inconvenience caused, disappointment or damages incurred by you if any of the listed facilities or added values is not available during your stay as well as any accident or loss incurred by you 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 and booking services through our Reservation Offices do 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 or offered through our reservation offices. CX hereby expressly disclaims any representation, warranty or undertaking in relation to the quality, status or adequacy of any hotel listed on the Website or offered through our reservation offices.

7.2 Hotels displayed on the Website and /or offered through the CX 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 CX’s suppliers. CX cannot guarantee that all information is accurate, complete, correct or up to date, nor can CX 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 CX 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. CX 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 CX’s suppliers. CX cannot guarantee that all information is accurate, complete, correct or up to date, nor can CX 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 CX 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. CX 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. CX 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 CX has contracted with independent contractors to provide accommodation and non-air services (such as Travel Extras). CX is not responsible for any acts and/or omissions of these independent contractors, their employees, agents, servants or representatives. To the extent permitted by law, CX 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 CX.

10.2 To the extent permitted by law, these Terms and Conditions set out the full extent of CX’s obligations and liabilities in respect of the performance of services, your use of the Website and any other matters covered by these Terms and Conditions and there are no warranties, conditions or other terms that are binding on CX except as expressly stated in these Terms and Conditions.  To the extent permitted by law, any warranty, condition or other term concerning any goods or any services which might otherwise be implied into or incorporated in the contract between CX and you by statute, common law or otherwise (including, without limitation, as set out in clause 10) 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 CX and you where to do so is illegal or would render any provision of the contract void. In particular CX 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 CX 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, CX will not be liable under the contract between CX 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, CX’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 CX 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, CX 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. Fair Trading Act and Consumer Guarantees Act

11.1 If you are booking a Travel Package or Hotel (or holding yourself out as booking the Travel Package or Hotel) for business purposes, the parties acknowledge and agree that, in respect of all matters covered by these Terms and Conditions:

a) for the purposes of section 5D of the Fair Trading Act 1986 ("FTA"), the parties are contracting out of sections 9, 12A and 13 of the FTA; and

b) for the purposes of section 43 of the Consumer Guarantees Act 1993 ("CGA") the parties are contracting out of the CGA.

11.2 For the avoidance of doubt, any rights that you may have under the CGA and FTA shall apply if you are not booking a Travel Package or Hotel (or holding yourself out as booking a Travel Package or Hotel) for business purposes.

12. Amendment

12.1 CX shall have the right and sole discretion to amend these Terms and Conditions without notice.  Please check these Terms and Conditions periodically for changes.  The Terms and Conditions on this Website at the time of your booking shall apply.

13. Miscellaneous

13.1 These Terms and Conditions (which shall be deemed to include the Cathay Pacific 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 CX.

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

13.3 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.

13.4 Where any provision of these Terms and Conditions is expressed to be for the benefit of a third party who is not a party to these Terms and Conditions, such provision is intended to confer a benefit on such person, enforceable at the suit of that person, in terms of the Contracts (Privity) Act 1982.

14. Governing law

14.1 These Terms and Conditions are governed by the laws of the New Zealand and the parties hereby submit to the non exclusive jurisdiction of the courts of New Zealand.

15. Privacy

15.1 We may collect and use Personal Information (as defined in the Privacy Act 1993 ("Privacy Act")) in accordance with the Privacy Act and Cathay Pacific Customer Privacy Policy ("Privacy Policy"), which is available on our Website. Please refer to our Privacy Policy for details of your rights to access and correct any Personal Information that we hold about you.

15.2 You agree that we may use personal data (including your name and contact details) we have collected from you to send you marketing communications via mail, email and telephone (including SMS).  For example, this may include emails containing news, offers, promotions and joint marketing offers about our travel services and packages, loyalty programs, duty-free sales and other travel related auxiliary services such as travel insurance, hotel transfers and car rentals.  We may also provide your personal data (including your name and contact details) to third parties including our marketing partners, travel service partners for the purpose of marketing their products and services to you via mail, email and telephone (including SMS), including travel services and packages, loyalty programs, duty-free sales and other travel related auxiliary services such as travel insurance, hotel transfers and car rentals. You may opt-out from receiving marketing communications at any time, free of charge including by following the opt-out instructions contained in the communications.

15.3 Where you provide us with any Personal Information of a third party, you confirm that you have collected and provided this Personal Information to us in accordance with the Privacy Act and that you are entitled to provide this Personal Information to us and we may use this Personal Information for the purposes set out in this clause and our Privacy Policy.