Adult Tourist Octopus - China T-Union Card (Inclusive of HK City Sightseeing Night Pass)

1. Introduction

1.1. This online platform (the “Platform”), operated by the Airport Authority (“AA”, "we”, “our”, “us”), is available to you on the condition that you accept without modification the terms and conditions contained herein. Please read these terms and conditions carefully before using the Platform. By using the Platform or any part of it, including purchasing products and services, you acknowledge and confirm that you have read these terms and conditions and that you accept and agree to be bound by them.

2. Definitions

The following defined terms have the following meanings within these terms and conditions:

2.1. “AA”, "we", “our”, and “us” mean the Airport Authority, a body corporate validly existing by virtue of the Airport Authority Ordinance (Cap 483, Laws of Hong Kong).

2.2. “Account” means an account on the Platform.

2.3. ”Merchant(s)” means the merchant(s) named in the Platform whose products and/or services are available for sale or reservation through the Platform.

2.4. “Parties” means both AA and you, and “Party” means either of them.

2.5. "You" or “your” means the person(s) who use the Platform.

3. The Platform

3.1. The Platform is an online platform operated by us to enhance the customer experience by providing a marketplace for business-to-business-to-consumer (B2B2C) transactions. In addition to the online sale of products and services, we may offer features such as product reservation, order tracking, and customer reviews.

3.2. AA shall make reasonable efforts to ensure that product and service details, including price and availability, are up-to-date on the Platform. Prices are subject to change without prior notice, and all orders for purchase are subject to AA’s acceptance on behalf of the Merchant at its sole discretion and stock availability.

3.3. We shall make reasonable efforts to ensure that the products and services displayed on the Platform are accurately represented and available for purchase.

3.4. All orders are subject to confirmation of final availability, and we reserve the right to reject an order in the event that any of the products or services requested are unavailable.

3.5. We have the sole discretion to place a limit on the quantities of any product(s) and/or service(s) that may be purchased on the Platform. Such limits may be imposed on each (a) order, (b) account, (c) credit/debit card, or (d) customer, as the case may be.

3.6. The prices charged for the products and/or services are those applicable on the day you place your order.

3.7. All pictures and images of the products displayed on the Platform are for illustration purposes only, in order to help you recognize the products. The actual size, dimension, and color of the products may differ.

3.8. The Platform is provided on an ‘as is’ basis, and we make no representations or warranties of any kind with respect to the Platform and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, reliability, timeliness, non-infringement, title, or suitability for any purpose of all information and content made available on or through the Platform. Such information and content may contain factual or technical inaccuracies or typographical errors. All liability of AA howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

4. Registration and Use of an Account

4.1. The Account allows users of the Platform, by using email authentication, to access and use the services offered by the Platform automatically. By using the Account to conduct dealings on the Platform, you agree to observe and comply with these terms and conditions.

4.2. You shall update your information on this Platform immediately or as soon as practicable, or send email to eplatform@hkairport.com if there are any changes to the profile information that you provided so that we can communicate with you effectively.

5. Ordering for Purchase of Products

5.1. When you place an order for purchase, you agree to purchase those products and/or services from the relevant Merchant at the price listed on the date of purchase on the relevant product/service description page.

5.2. We will send you an order confirmation email upon the confirmation of your order, which includes:

5.2.1. The details of the items you have ordered;

5.2.2. Follow-up information relevant to the order, including QR code redemption details; and

5.2.3. A unique QR code for redeeming the purchased service or product from the Merchant.

5.3. You are responsible for safeguarding the order confirmation email and the QR code, which contains important information about your personal data and redemption details.

5.4. As representative of our Merchants, we accept your order for purchase with the order confirmation email, with which you can check the status of your order on our Platform.

5.5. Depending on product/service availability, the order confirmation email may not include all items you have ordered. Separate notice(s) may be sent to you regarding the latest availability updates.

6. Payment

6.1. All payments for products and services purchased on the Platform must be made in the currency specified on the Platform. We accept various payment methods, such as credit/debit cards and other online payment options. By providing your payment details, you confirm that you are authorized to use the payment method and grant us the right to charge the payment method for the total amount of your order, including any applicable taxes, fees, and shipping costs.

6.2. We reserve the right to perform checks and verify the information provided by you for security and fraud prevention purposes. We may, at our sole discretion, cancel your order if we are unable to confirm your payment details or suspect any fraudulent activity.

6.3. If your payment cannot be processed for any reason, we reserve the right to cancel your order or suspend your access to the Platform until the payment issue is resolved.

7. Redemption, Delivery, and Collection of Products and/or Services

7.1. You are responsible for redeeming the purchased products or services at the designated Merchant shop using the unique QR code provided in your order confirmation email or voucher detail page.

7.2. You are responsible for safeguarding the QR code. When redeeming your order at the designated Merchant shop, you agree that you authorize us and the relevant Merchant to assume that any person using the QR code for redemption is either you or is authorized to redeem the products and/or services on your behalf.

7.3. You are advised to redeem your order in person. The Merchant may require you to produce your identity document for inspection and verification. We reserve the right to cancel your order if you refuse to produce your identity document for inspection and verification.

8. Booking Service and Product Reservation

8.1. The booking service on our Platform allows you to reserve products or services offered by the participating Merchants. The booking service may have time slot quotas and is controlled by the merchant.

8.2. Upon successful reservation, you will receive a unique QR code to redeem the reserved product or service at the designated Merchant shop.

8.3. Merchants have the right to accept, reject, or further inquire about your reservation request based on the availability of the product, service, or time slot.

8.4. You are responsible for redeeming the reserved product or service using the unique QR code provided in your reservation confirmation email.

8.5. In case a Merchant cancels a reserved product or service, the Platform will process a refund for the affected reservation, subject to the merchant's approval.

9. Cancellation of Orders for Purchase

9.1. We may cancel an order for purchase if any product or service in the order is not available, or if we consider that a transaction is suspicious. Such cancellation of order will be refunded.

9.2. We may cancel an order for purchase for any reasons which may cause an order to be unfulfilled, including but not limited to: (a) non-compliance by the relevant customer of any conditions specified at the time of the order; (b) inability to process payment for the product or service for whatever reason; or (c) any errors made on the Platform or any errors made in connection with your order. In the event of (c), we will undertake to correct the error and (if applicable) to charge you the correct price for the ordered products and/or services. We will notify you if this is the case. Refund of these cancellations is at our sole discretion.

9.3. Merchants have the right to cancel the product or service under reasonable circumstances. In such cases, the Platform will process a refund for the affected product or service, subject to the merchant's approval.

10. Returns, Refunds, and Exchanges

10.1. Any return, refund, and exchange policy varies depending on the product or service purchased. Please refer to the individual product or service listing for any policy, scheme or specific terms and conditions of the relevant Merchant applicable to returns, refunds, and exchanges. Each Merchant is entirely responsible for its own policies, schemes or terms and conditions regarding any returns, refunds and exchanges applicable to each item they list for sale, and may offer different return policies or decline to accept returns, refunds or exchanges on specific items they sell on the Platform.

10.2. If you wish to return, refund, or exchange a product or service, you must contact the Merchant directly.

10.3. We and each Merchant reserve the right to refuse any return, refund, or exchange request if it does not comply with these terms and conditions, the terms and conditions of that Merchant and/or if the product or service is not in its original condition, including packaging, labels, and tags.

11. Liability

11.1. Your Liability

11.1.1. Any losses incurred or sustained by you in transmitting payment information shall be borne solely and exclusively by you and in no event shall we bear any such losses, in whole or in part. If you are using a public computer or device, you shall ensure that you sign out of your Platform Account and the Platform once you have finished browsing the Platform.

11.1.2. You shall be liable for every order made using your credit card, Alipay or WeChat Pay account and you hereby agree to indemnify us for all claims or damages whatsoever made by any third party arising from the actions of a person placing orders on the Platform using your credit card, Alipay account, or WeChat Pay account.

11.2. Our Liability

11.2.1. AA acts merely as a facilitator, providing a forum allowing you and Merchants to come together for the sale and purchase or reservation of products and services from Merchants. AA therefore has no control whatsoever over the availability, quality, legality, or safety of the products and services, or of any other characteristics upon which you may rely, the accuracy of any of the listings, descriptions, and information relating to the products and services, and the ability and capacity of any Merchant to transact. Accordingly, you waive any claim that you may have against AA that is in any way connected with any product or service ordered or reserved on the Platform or a dispute between you and any other user of the Platform (including any other customers and any Merchants) and you agree to indemnify AA, its officers, employees, agents, and contractors for any losses, damages, costs, expenses or liability AA, its officers, employees, agents or contractors may suffer as a result of any claim against AA by another user or any other third party as a result of your dealings with such other user or party. If you have any complaint or claim relating to the products and/or services ordered or reserved on the Platform, you should address such complaint or claim to the relevant merchant, and not to AA.

11.2.2. AA is not responsible and shall not be liable for any hyperlink to any other websites or the contents of such other websites. Any reference to any website, entity, product, or service is not an endorsement or verification by AA of such website, entity, product, or service, and AA is not responsible for the content of any of the foregoing.

11.2.3. AA shall not be liable in any way for any damages, losses, costs, expenses, liabilities, or compensation, whether direct or indirect (including loss of revenue, loss of profit or loss of reputation), which arise from or are in connection with your access and use of the Platform; or any breach of security, delay, corruption or destruction of data or systems (including but not limited to those caused by any virus or other malicious code), transmission error, inaccessibility (whether in connection with upgrading or modification of the Platform, failure or insufficiency of the technical facilities or technical issues on the user’s side) of the Platform; or any part thereof, whether due to the negligence of AA or its officers, employees, agents, contractors or otherwise.

12. Intellectual Property Rights

12.1. All intellectual property rights in the Platform, including but not limited to trademarks, logos, designs, text, images, domain names, source codes and software, belong to AA or its licensors. You may not reproduce, modify, copy, distribute, or use for commercial purposes any of the materials or content on the Platform without our prior written permission.

13. Data Protection

13.1. When purchasing or ordering products and services on the Platform, you agree that we can store, process and use the data you provide for handling your order.

13.2. AA is committed to safeguarding the privacy of all individuals with respect to their personal data. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy.

14. General

14.1. In case of any dispute between the Parties in respect of or in connection with these terms and conditions, AA's determination shall be final and binding.

14.2. Notices to You

Unless otherwise expressly provided herein, any notice to be given by us to you under these terms and conditions will be sent by:

   •  post to the address you provided;

   •  email to the email address you provided;

   •  telephone call through the number you provided;

   •  SMS through the number you provided;

   •  online instant chat;

   •  WhatsApp chat;

   •  WeChat chat; or

   •  updates under "My Orders" on the Platform.

14.3. You shall immediately notify us of any change of address, telephone number or email address.

14.4. Where these terms and conditions provide for AA to notify you by posting a notice on the Platform: such posting on the Platform shall constitute sufficient notice to you; and such notice shall, unless otherwise specified by AA, take effect from the time of posting on the Platform.

14.5. Notices to AA

Unless otherwise expressly provided herein or unless otherwise specified by us, any notice which you are required to give to us shall only be deemed to have been served on us if the notice is sent:

   •  by email, to eplatform@hkairport.com; or

   •  by means specified by us on the Platform from time to time.

14.6. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights or remedies provided by law.

14.7. No waiver of any breach of these terms and conditions shall be effective unless made in writing by the Party granting such waiver and given to the other Party in accordance with Clauses 14.2 to 14.5.

14.8. No failure on the part of AA to exercise, and no delay on its part in exercising, any right or remedy under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

14.9. You shall not assign or transfer your rights or obligations under these terms and conditions without the prior written consent of AA.

14.10. AA may assign, transfer or subcontract all or any of its rights or obligations under these terms and conditions to any third party.

14.11. If any provision of these terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, at the discretion of AA, it may be severed from these terms and conditions and the remaining provisions of these terms and conditions shall remain in full force and effect, unless AA (at AA’s discretion) decides that the effect of such severance is to defeat the original intention of the Parties.

14.12. Nothing in these terms and conditions, express or implied, is intended to or shall confer upon any person other than the Parties any right, benefit, or remedy of any nature whatsoever under or by reason of these terms and conditions. The Contracts (Rights of Third Parties) Ordinance (Cap. 623, Laws of Hong Kong) shall not apply to these terms and conditions.

14.13. These terms and conditions shall be governed by the laws of Hong Kong and both you and AA agree to submit to the exclusive jurisdiction of the Hong Kong courts.

14.14. AA may revise these terms and conditions at any time without prior notice. If any dispute arises, AA's determination shall be final.

14.15. Where these terms and conditions are also available in Traditional and/or Simplified Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy among the versions.