Website Terms of Use

This Website is operated by LAVAUX International Limited (Travel Agent License Number 354342) (hereinafter ‘LAVAUX’). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel products and services, making legitimate reservations or otherwise transacting bausiness with Travel Suppliers, and for no other purposes. The term ‘you’ refers to the customer visiting the Website and/or booking a reservation through the Website, or through LAVAUX customer service.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read the Terms of Use carefully. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting LAVAUX customer service, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or LAVAUX customer service. LAVAUX may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that:

you must be at least 18 years of age and are of sound mind,

you possess the legal authority to create a binding legal obligation,

you will use this Website in accordance with the Terms of Use,

you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,

you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,

all information supplied by you on this Website is true, accurate, current and complete, and

if you have an online account with this Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

** LAVAUX retain the right at LAVAUX’s sole discretion to deny access to anyone to this Website and the Services offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel Products and the Services), as well as the infrastructure used to provide such content and information, is proprietary to LAVAUX or the Travel Suppliers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, products, or services obtained from or through this Website. Additionally, you agree not to:

use this Website or its contents for any commercial purpose;

make reservation for travel-related products or services or other products on this Website for the purposes of resale;

make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or

“frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If LAVAUX suspects that you have breached the Terms of Use (including without limitation if you have made multiple reservations on the Website and LAVAUX considers (acting reasonably) that any such reservations are for the purposes of reselling) or your reservation or account shows signs of fraud, abuse, or suspicious activity, LAVAUX may cancel any reservations associated with your name, email address, or account, and close any associated LAVAUX accounts. If such reservations cancelled are non-refundable bookings, LAVAUX reserves its right not to refund you for the cancelled reservations. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, LAVAUX reserves the right to take any necessary legal action and you may be liable for monetary losses to LAVAUX, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact LAVAUX Customer Service.

Terms and conditions

These terms and conditions (‘terms’) govern the relationship between you and LAVAUX International Limited (Travel Agent License Number 354342) (LAVAUX) in relation to the Travel Products and Services. By using the Travel Products or the Services you acknowledge that you have read and understood, and agree to be bound by these terms. The term ‘you’ refers to the customer visiting the Website and/or booking a reservation through the Website, or through LAVAUX customer service.

1. The Services

1.1 The Services

(a) The services (Services) comprise:

(i) travel and accommodation booking websites (together, the Website) which provide the facility (Booking Facility) for customers to purchase (a Booking):

(A) travel-related goods and services offered on the Website (Travel Products) from airlines, hotels and other third-party travel providers (hereinafter Travel Suppliers); and

(B) Packages (defined below) from LAVAUX; and

(ii) payment processing, documentation, ticketing services.

(b) Subject to you complying with these terms, LAVAUX will provide the Services to you as set out in these terms.

1.2 Information on the Website

(a) Some of the material accessible through the Website is provided by Travel Suppliers. This material does not form part of the Services, and LAVAUX is not responsible for this material. LAVAUX does not warrant, and disclaims any liability for the accuracy or completeness of the information provided by Travel Suppliers in relation to their Travel Products.

(b) Information provided through the Website is provided in good faith, and is subject to amendment at any time without notice.

(c) You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Website.

(d) The Website does not include all the Travel Products available in the market.

2. Travel Products

2.1 Product Terms

In addition to these terms, Travel Suppliers and hotels may impose (and you must comply with) their own terms and conditions in relation to their Travel Products or Hotel Accommodations (Product Terms) (for example, a hotel’s terms of check-in / check-out). Where applicable, you must accept and agree to those Product Terms to complete your Booking. You should carefully read the Product Terms specific to the applicable Travel Products or Hotel Accommodations before completing your Booking.

2.2 Flights

LAVAUX acts on behalf of the applicable Travel Provider in relation to the sale of a flight. When you purchase a flight through the Booking Facility you agree to purchase that flight directly from that Travel Supplier. You also agreed to be bound by the Terms and Conditions of the Travel Supplier. In particular, segments must be consumed in sequential order and sector jumping is not allowed.

2.3 Hotel Accommodations

LAVAUX acquires rights to access certain hotel rooms (Hotel Accommodations) directly or indirectly from hotels. When you book a hotel room through the Booking Facility you agree to purchase the applicable Hotel Accommodations from LAVAUX. You also agree:

(a) to be bound by the Terms and Conditions of the hotel; and

(b) that any further charges relating to your Booking (for example, minibar charges, and any transfer costs and meals not included in the Hotel Rights acquired) will be invoiced by, and paid by you to, the applicable hotel.

2.4 Activities / Tours

LAVAUX acts on behalf of the applicable Travel Provider in relation to the sale of a tour. When you purchase a tour through the Booking Facility you agree to purchase that activity / tour directly from that Travel Supplier. You also agreed to be bound by the Terms and Conditions of the Travel Supplier.

2.5 Packages

Packaged holidays (Packages) are made available by LAVAUX by offering a combination of any 2 or above travel elements (like Accommodation, Transport and Activities / Tours). When you book a Package through the Booking Facility, you agree to purchase that Package from LAVAUX. You also agree:

(a) to comply with the applicable Terms and Conditions of package; and

(b) that any further charges relating to your Booking (for example, minibar charges, and any transfer costs and meals not included in the Package charges) will be invoiced by, and paid by you to, the applicable hotel or Travel Suppliers.

LAVAUX will not, and is under no obligation to, disclose how any savings to you as part of a Package are comprised.

2.6 Transport

(a) Travel Suppliers provide transfer services available to book through the Website. Where you book a transfer service:

(i) you enter into a contract to use the transfer service directly with the Travel Supplier;

(ii) you must comply with any Terms and Conditions and requirements of that Travel Supplier (including procuring the appropriate insurance) and the local traffic regulations / laws of the country in which you have use the transfer service; and

(iii) LAVAUX has no responsibility for and excludes all liability in relation to that transfer service.

(b) Some of the transfer services booking prices are guaranteed in the local currency and has been converted to Hong Kong dollars (where applicable) at the current rate of exchange. The price in Hong Kong dollars may vary as a result of currency exchange fluctuations and as such can only be used as a guide.

3. Your obligations

3.1 Your account

(a) To use the Booking Facility you may be required to create an online account (Account) and/or provide:

(i) personal information, including (in some cases passport details);

(ii) billing information;

(iii) any other information reasonably required by LAVAUX to complete your Booking; and

(iv) an Account password.

(b) You are responsible for all use of the Services, and all transactions entered into by means of the Services, under your Account. LAVAUX takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties, or through any unauthorised access to your personal information.

(c) You indemnify LAVAUX from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Services by you or any other person using your membership identification, Account or password.

3.2 Your obligations

(a) You must:

(i) only access and use the Services:

(A) to make enquiries about and Bookings for Travel Products on the Website (Permitted Purpose);

(B) in accordance with these terms;

(ii) have sufficient credit on your credit card account to meet all charges for Travel Products you book through the Booking Facility;

(iii) keep secure any means of identification that LAVAUX provides to you in order to access the Booking Facility;

(iv) comply with all requirements for the Travel Product you’ve booked, including any Product Terms (where applicable); and

(v) ensure that you have the necessary documentation to travel.

(b) You must not:

(i) access or use the Services:

(A) for the purpose of “carrying on a business as a travel agent” within the meaning of Hong Kong legislation regulating travel agents, unless you are a licensed travel agent under that legislation;

(B) for any activities which breach any laws, infringe any third party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority;

(C) in any way which interferes with other users or defames, harasses or menaces anyone;

(D) for any purpose (commercial or otherwise) other than the Permitted Purpose without the express written permission of LAVAUX, including any reproduction, data mining, automated querying or similar data extraction processing;

(ii) reverse or cancel a payment without LAVAUX’s prior written consent;

(iii) resell the Services, Travel Products, Hotel Accommodations or Packages or any other products and services accessed by means of the Services; or

(iv) permit any other person to use your user identification to access the Services, or grant a third party the right to access and use the Services.

(c) You are solely responsible for:

(i) assessing the suitability of any Travel Products for your needs; and

(ii) all matters relating to complying with the laws and regulations of all immigration authorities of the countries you travel to and from.

3.3 Intellectual property

(a) All the intellectual property rights in the Website and the Booking Facility are owned by LAVAUX and/or its related bodies corporate or licensors (as applicable). The only rights you have to this intellectual property are the limited rights to use and access the Website and the Booking Facility for the Permitted Purpose.

(b) You must not:

(i) disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Services; or

(ii) modify, copy, transmit, display, perform, publish, license or create derivative works from any information accessed by means of the Services.

3.4 Your information

(a) LAVAUX may use and disclose any personal information collected by LAVAUX about you in accordance with LAVAUX’s privacy policy, available at http://www.lavauxholidays.com/aboutUs/?id=2. LAVAUX may also provide such personal information to Travel Suppliers as is required to complete your Booking. You accept that the recipients of this disclosure may not have in place privacy policies equivalent to LAVAUX’s.

(b) LAVAUX may use information about you for internal planning or product development purposes in order to improve the quality of LAVAUX’s services, and may disclose some of your information at an aggregate level for marketing purposes provided that you cannot be personally identified from this aggregated data.

4. Travel requirements

4.1 Passports

(a) All departing passengers require a valid passport for international travel. This means the passport must be valid for a set minimum period beyond your travel dates (the required minimum period depends on the country you visit).

(b) Please ensure you have a valid Passport well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.

4.2 Visas

(a) A visa provides you with the authority as a non-citizen to travel to another country. Some countries will not allow you to enter without a visa, or in some cases, without proof of a return or onward electronic or paper ticket.

(b) Please ensure you have a valid Visa (as applicable) for all the countries you are travelling to which require a visa well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.

(c) Visas are obtained from the issuing authority in Hong Kong, usually an embassy. Visa requirements vary by both country you are travelling to, including countries that you are transiting and the current citizenship you hold so please ensure you check well in advance of your travel dates to allow sufficient processing time as required by the embassy. If you have booked a one-way ticket please ensure you have checked with the Consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations.

4.3 General

(a) LAVAUX recommends before travelling you check the HKSAR Government Security Bureau website relating to the countries you are travelling to for any applicable travel advisories relevant to those countries.

As well, please note that Government legislation prohibits the carriage of dangerous goods on aircraft. To view what these are and what is permissible to carry please go to: http://www.cad.gov.hk/english/dgdetail.html

5. Payments and refunds

5.1 Payment

(a) Bookings must be paid in full at the time of booking charged to your chosen credit card, cheque, bank-in or bank transfers.

(b) By clicking “Confirm”, you accept:

(i) each Travel Supplier’s offer to sell the Travel Products; and/or

(ii) LAVAUX’s offer to sell the Packages,

to you for the price set out in your shopping cart, and subject to these terms and any applicable Terms and Conditions.

(c) Your Booking is not binding on you, the applicable Travel Supplier or LAVAUX, until you click “Confirm” and your acceptance is received by LAVAUX.

(d) Your Booking is not confirmed and Travel Documentation will not be issued until authorisation has been obtained from the relevant card company. Any confirmed Booking is subject to your credit card approval, bank-in or bank transfer success for the transaction.

5.2 Credit check

(a) You:

(i) authorise LAVAUX’s agents to:

(A) charge all fees incurred to the credit card designated by you;

(B) disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide;

(C) take steps to confirm that there is sufficient credit on your credit card account to meet likely charges;

(ii) authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to LAVAUX are accurate; and

(iii) consent to LAVAUX supplying your billing, payment and identification information (including personal information) to those Travel Suppliers and/or hotels who will supply the Travel Products and/or Hotel Accommodations in your Booking to you.

(b) Before LAVAUX proceeds to process any travel booking on your behalf or issues your Documentation, various checks are taking place to validate the integrity of credit card information and in certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity. This process is intended to reduce the potential risk for fraud and disruption to passengers upon check in.

(c) If your credit card is not approved LAVAUX will attempt to contact you. Where LAVAUX cannot contact you and the ticket issuance period lapses (thereby making the Booking invalid), LAVAUX will have no choice but to cancel the booked arrangements. Under these circumstances LAVAUX accepts no responsibility for any re-booking costs.

(d) LAVAUX reserves the right at its or their absolute discretion (as applicable) to decline or accept bookings made from outside Hong Kong. Any automatic booking acknowledgement for such bookings are conditional contingent on LAVAUX ‘s view of any financial risks, potential ticket despatch delays, or other international regulations that may apply.

(e) If payment is not received from your card issuer or its agents for any reason, you agree to pay LAVAUX all amounts due on demand.

5.3 Refunds

(a) Your right to a refund of an airfare booked on the Website is governed by the terms and conditions of the airfare you purchased and is as determined by the applicable airlines. Many fares are non-refundable. Airline charges or cancellation fees may apply to your particular airfare.

(b) LAVAUX shall only be liable to provide a refund to you to the extent that it actually receives a refund from the relevant Travel Suppliers. Where refunds are due to you from a Travel Supplier, LAVAUX will provide reasonable assistance to you in claiming such funds from that Travel Supplier. In that situation, LAVAUX is authorised (but not obliged) to seek such refunds from the Travel Supplier directly and on its own behalf.

(c) Where a refund is applicable, the turnaround time from the date of your request for refund to the date you are provided with your refund may take up to 12 weeks. This is beyond the control of LAVAUX.

6. Changes and cancellations

6.1 General

(a) Because LAVAUX is reliant on the availability of Travel Products from Travel Suppliers, LAVAUX reserves the right to amend your Booking at any time in consultation with you if:

(i) an error is made by the Travel Supplier or hotel in relation to a Travel Product or Hotel Accommodation; or

(ii) in circumstances beyond LAVAUX’s reasonable control, the Travel Supplier or hotel advises that it is unable to provide the Travel Product or Hotel Accommodation at the price advertised on the Website.

In such circumstances additional charges may have to be paid by you for the Travel Products or Hotel Accommodations and/or your itinerary may need to be changed.

Information about how to change or cancel your booking is available on the Website at: http://www.lavauxholidays.com/aboutUs/?id=3

There will be a service fee of HKD350 per person if you submit your changes or cancellation request of your booking.

(b) If you cancel any Travel Product (including any element of a Package) you may incur cancellation charges from the Travel Suppliers supplying the cancelled Travel Product and you agree to indemnify LAVAUX (and any related parties) for any fees or charges incurred by them in relation to your cancellation.

(c) Price and availability of Travel Products and Hotel Accommodations are not guaranteed until confirmation(s) and / or voucher(s) are issued.

6.2 Hotels

(a) In the event that you need to cancel your Booking, you must advise LAVAUX as early as possible before your check-in date. Please check the hotel’s cancellation policy on your confirmation or voucher as there may be penalties.

6.3 Packages

(a) If you wish to cancel or vary any element of a Package, LAVAUX will permit this where it is reasonably able to do so. However your Booking will no longer constitute a Package and you may lose the benefit of the Package, including any savings made from purchasing those elements together as a Package.

(b) Where a third party cancels an element of a Package, LAVAUX may elect to either cancel that Package in whole, or substitute a substantially similar element for the cancelled element. LAVAUX is not liable for the cancellation of an element by a third party, or the consequences of that cancellation (including the consequences of LAVAUX’s election to cancel a Package in whole).

7. Fees

The following fees (Fees) may apply to your Booking:

7.1 Cancellation fees

LAVAUX reserves the right to charge amendment or cancellation fees depending on circumstances and airline conditions.

7.2 Credit card charges

Any credit card charges shall be displayed during the booking process.

7.3 TIC levy

According to the instructions from ‘Travel Industry Council of Hong Kong’, the F.I.T. product receipt (only apply for receipt included any two or all of the travel elements: 1) transport, 2) accommodation and 3) activities during a journey) is covered by a 0.15% TIC levy, which is guaranteed by the Travel Industry Compensation Fund. For details, please call the Tourism Compensation Fund Management Committee Secretariat at (852) 3151 7945.

Change or Cancel My Booking

Tip: There will be a Service fee of HKD350 per person if you submit your changes or cancellation request of your booking. Please note: extra change or cancellation fees may apply from Travel Suppliers.

8. Pricing

8.1 Pricing

(a) All pricing is reflected in Hong Kong Dollars (HKD) unless otherwise specifically denoted on the screen.

(b) LAVAUX makes no representation that its airline price sales are identical to prices on individual airline sites that may exist from time to time.

(c) LAVAUX reserves the right for marketing and commercial reasons to modify prices.

(d) The Phone Booking Fee and Insurance (if selected) are non-refundable.

8.2 Currency variations

For some Travel Products LAVAUX’s results page indicates that some product pricing has been converted to HKD at the exchange rate on the day of Booking. Variations to your final price may occur due to currency fluctuations. Please note, where any pricing has been converted from a foreign currency to HKD your credit card company may charge a conversion fee.

8.3 Coupon codes

(a) Coupon codes may be made available from time to time to offer additional savings on a Travel Product. Coupon codes may apply to selected Travel Products only and may be subject to a minimum spend requirement. All coupon code Bookings are subject to availability.

(b) Coupon codes are valid for the duration of the respective promotion only and only one coupon code per Booking may be used. If multiple coupon codes are available at the same time, they are not cumulative and it is at the discretion of the customer to select the coupon code they wish to apply.

(c) Coupon codes have no cash or refund value and cannot be returned for cash or its equivalent. Coupon codes cannot be applied to the cost of existing Bookings and cannot be used for amendments to existing Bookings, irrespective of whether a coupon code was used for the original Booking.

(d) LAVAUX reserves the right to alter or withdraw coupon code promotions at any time.

9. Liability

9.1 Non-excludable Obligations

(a) Certain laws imply terms (Non-excludable Obligations) into contracts for the supply of goods or services that cannot be excluded.

(b) Except in relation to Non-Excludable Obligations:

(i) LAVAUX makes no representations, warranties or guarantees in relation to the Travel Products, Hotel Accommodations, Packages or the availability, continuity, reliability, accuracy, currency or security of the Services; and

(ii) all warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law.

9.2 Exclusions

(a) To the maximum extent permitted by law, LAVAUX excludes all liability (including for negligence) for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment.

(b) To the maximum extent permitted by law, LAVAUX is not responsible or liable (including for negligence) to you for:

(i) any technical errors, corruption of data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by LAVAUX to complete Bookings (including if the Services are not available for any reason) where that failure is due to circumstances beyond its control;

(ii) the quality of the Travel Products or Hotel Accommodations, or any inconvenience caused or expense incurred to you or any third party as a result of any unsuitability of Travel Products or Hotel Accommodations for your needs, including for use in association with other travel services;

(iii) any failure or delay on the part of any Travel Suppliers or hotels in providing Travel Products or Hotel Accommodations to you where your Booking has been properly processed;

(iv) any acts or omissions of Travel Suppliers, hotels or other third parties in the course of delivery of any Travel Products or Hotel Accommodations, except to the extent that responsibility for those matters may be imposed on LAVAUX by legislation that cannot be excluded.

9.3 Limitation

(a) Where LAVAUX is liable to you under these terms and conditions (including for negligence) in relation to a Non-excludable Obligation, to the maximum extent permitted by law LAVAUX’s liability will be limited, at its option, to:

(i) resupply of the Services; or

(ii) payment of the cost of resupplying the Services.

(b) Where LAVAUX is liable to you under these terms and conditions (including for negligence) in relation to a Non-excludable Obligation relating to any Hotel Accommodations (either alone or as part of a Package), to the maximum extent permitted by law LAVAUX’s liability will be limited, at its option, to:

(i) the resupply of reasonably similar Hotel Accommodations; or

(ii) payment of the cost of resupplying the Hotel Accommodations.

(c) Except in relation to Non-excludable Obligations, the total aggregate liability of LAVAUX to you, whether in contract, tort (including for negligence) or otherwise for any loss or damage of any kind is limited to HK$3,000.

10. General

10.1 Changes to these terms

LAVAUX may amend these terms at any time by posting the revised version of the agreement to the Website. The amended agreement will take effect from the time of posting on the Website.

10.2 Assignment

You must not novate or assign any of your rights under these terms to a third party.

10.3 Governing Law

These terms are governed by the laws in force in Hong Kong. You irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong and courts of appeal from them for determining any dispute concerning these terms.

10.4 Entire agreement

These terms and conditions constitute the entire agreement between the parties in relation to their subject matter.