Terms and Conditions

1. Legal Capacity, Regulatory Framework & TICF Statutory Boundary

• 1.1 Independent Booking Agent Status:
  Xpert Holidays (hereinafter referred to as "the Company") acts strictly and exclusively as a sales and booking agent on behalf of the client to arrange itineraries and secure reservations with independent third-party service providers (including but not limited to commercial airlines, local Destination Management Companies (DMCs), liveaboard operators, hotels, and road/water transport providers, hereinafter collectively referred to as "Independent Contractors"). The client acknowledges and agrees that the Company is neither an actual transportation carrier nor an on-site event executor. The provision and fulfillment of all travel products and services are directly governed by the individual contracts, ticketing terms, and conditions of carriage of said Independent Contractors.

• 1.2 Travel Industry Ordinance (Cap. 634) & TICF Scope:
  Where this booking legally constitutes an "Outbound Package Tour" as defined under the Travel Industry Ordinance (Cap. 634 of the Laws of Hong Kong), this contract is subject to the relevant Directives for Licensees issued by the Travel Industry Authority (TIA). All official outbound travel receipts issued by the Company are subject to the statutory 0.15% stamp levy, conferring entitlement to the protection of the Travel Industry Compensation Fund (TICF). The client explicitly understands and confirms: The statutory financial protection of the TICF is legally restricted strictly to the risk of insolvency or liquidation of the "Hong Kong licensed travel agent" (i.e., the Company). The TICF and the Company absolutely DO NOT cover, advance, or assume any liability for the bankruptcy, liquidation, malicious default, operational cessation, or performance negligence of any overseas Independent Contractors (including foreign airlines, liveaboard vessels, DMCs, or hotels). In such events of third-party failure, the client must rely entirely upon their personal comprehensive travel insurance for recovery.

2. Quotation Basis, Long-Lead Price Adjustment & Payment Terms

• 2.1 Currency Basis & Financial Pass-Through:
  All itinerary quotations are denominated in Hong Kong Dollars (HKD) representing net cash or bank wire settlement rates. As the Company acts solely as an agent collecting and remitting overseas funds, all foreign currency exchange fluctuations, cross-border wire transfer fees, and non-refundable payment gateway processing fees charged by third-party payment platforms arising from settlement, cancellation, or amendment shall be borne entirely by the client on a pure reimbursement (pass-through) basis.

• 2.2 Long-Lead Price Variation & Statutory Cost Pass-Through:
  Given that specialized and long-haul expeditions possess extended pre-sale windows spanning twelve (12) to thirty-six (36) months, all itinerary quotations are calculated strictly on the basis of official statutory taxes, destination national park conservation/entry fees, aviation fuel surcharges, and spot foreign exchange rates prevailing on the quotation date. Prior to departure, in the event of:
• (a) Any mandatory increase in destination government statutory fees, concession charges, or national park entry permits;
• (b) The enactment of new statutory environmental, tourism, or value-added taxes;
• (c) International airline fuel surcharge escalations; or
• (d) Foreign exchange fluctuations exceeding 3% between the billing currency and HKD;

The Company reserves the absolute contractual right to adjust the total tour fare and levy a surcharge directly reflecting the verified actual cost increase. The client expressly acknowledges and agrees that this adjustment constitutes an indivisible underlying cost differential of the tour itself and is strictly excluded from the definition of an agency administrative handling fee; consequently, it is subject to zero absorption limit, subsidy, or contractual cap by the Company. Upon presentation by the Company of official regulatory notices, supplier debit notes, or ticketing receipts, the client must settle the full differential in cleared funds prior to departure as an absolute condition of participation.

• 2.3 Payment Schedule & Absolute Forfeiture of Sunk Costs:
• Standard Itineraries:
  A non-refundable deposit of 30% to 50% of the total tour fare is payable upon confirmation to secure allocations. The remaining balance must be paid in full at least sixty (60) calendar days prior to departure.
• Specialized Expeditions (Polar, High-End Liveaboard, Wildlife Safari):
  Due to severe resource scarcity and rigid overseas terms, a non-refundable deposit of 30% to 50% is payable immediately upon confirmation. The full balance must be settled at least one hundred (100) calendar days prior to departure.

• Consequences of Default in Payment:
  Failure by the client to settle the full balance within the stipulated timeframe grants the Company the automatic right to unilaterally terminate the contract and cancel the reservation. All previously paid deposits shall be absolutely forfeited to cover supplier penalties and irrecoverable operational overhead.

• Non-Refundable Sunk Expenses:
  All non-refundable remittances made to third parties (including but not limited to wildlife park permits, charter flight commitments, non-flexible flight tickets, and private concession access fees) are unconditionally non-refundable upon payment in the event of any voluntary modification or cancellation by the client.

3. Voluntary Cancellations, Amendments & Administrative Fees

• 3.1 Written Notice & Cancellation Schedules:
  Any voluntary cancellation or amendment requested unilaterally by the client must be served in formal written communication. The effective cancellation date shall be the date the written notice is formally acknowledged by the Company during normal business hours. Deductions shall be enforced as follows:

• A. Standard Itineraries:
• 61 calendar days or more prior to departure: 30% forfeiture of total tour fare;
• 31 to 60 calendar days prior to departure: 50% forfeiture of total tour fare;
• Within 30 calendar days (inclusive) of departure: 100% forfeiture of total tour fare.
• B. Liveaboard & Safari Specialized Expeditions:
• 100 calendar days or more prior to departure: Forfeiture of the entire initial deposit (30%-50% of total tour fare);
• 60 to 99 calendar days prior to departure: 60% forfeiture of total tour fare;
• 30 to 59 calendar days prior to departure: 80% forfeiture of total tour fare;
• Within 30 calendar days of departure: 100% forfeiture of total tour fare (strictly zero amendments or refunds during peak seasons).

Note: If actual contractual penalties imposed by overseas contractors exceed the aforementioned schedules, the Company reserves the contractual right to deduct based on the actual verified financial loss on a reimbursement basis.

• 3.2 Voluntary Modifications, Rescheduling & Name Changes:
  Travel components are subject to strict real-name passenger manifests. Any request for name alterations, itinerary adjustments, or departure rescheduling treated by contractors as a "cancellation and re-booking" shall result in all rebooking penalties and tariff differentials being charged to the client. Distinct from statutory cancellation procedures, managing voluntary amendments requires complex manual reconciliation across international distribution systems and statutory passenger manifests. For any client-initiated modification not resulting from Company fault, the Company shall levy a mandatory Administrative Handling Fee of HK$2,000 per passenger per occurrence. Within forty-five (45) calendar days of departure or during designated peak seasons, the Company and its contractors reserve the absolute right to reject any modification or name change request, which rejection will deem the booking a voluntary cancellation subject to the forfeiture tiers set out in Section 3.1.

• 3.3 Cancellation Due to Reasons of Outbound Travel Constraints (Force Majeure) & Prescribed Statutory Handling Fee:
  Where an outbound package tour is proactively cancelled by the Company prior to departure due to Force Majeure or "Reasons of Outbound Travel Constraints" as defined under the Directives for Licensees issued by the Travel Industry Authority (TIA), the Company shall initiate the refund process within the statutory timeframe following the submission of overseas contractor deduction proofs to the TIA. The refundable balance returned to the client shall be subject strictly to the deduction of:

• (a) Actual Sunk Costs:
  All verified, irrecoverable cancellation charges, non-refundable permit fees, and contractual forfeitures levied by independent third-party contractors (including commercial airlines, overseas DMCs, liveaboard operators, and hotel properties) on a direct pass-through/reimbursement basis; and
• (b) Prescribed Statutory Handling Fee:
  The Company’s fixed statutory administrative handling fee, expressly stipulated in accordance with TIA guidelines as HK$1,200 per passenger for specialized and long-haul travel products.

• Save for the aforementioned HK$1,200 statutory administrative fee and the actual substantiated losses of third-party contractors, no additional punitive cancellation penalties shall be levied by the Company. Refunds arising from voluntary client cancellations shall be remitted within a commercially reasonable timeframe following full financial reconciliation with overseas contractors.

• 3.4 Outbound Charter Tour Statutory Exemption (Private Bespoke Groups):
  Where this booking constitutes a private charter customized exclusively for a specific group of clients without public marketing or solicitation, it legally qualifies as an "Outbound Charter Tour" under TIA definitions. The client hereby explicitly acknowledges and agrees that, pursuant to TIA Directive 2.70, this agreement is legally exempt from Directives 2.36 and 2.56 (the 7-working-day credit card refund rules) and Directives 2.42 to 2.54 (Force Majeure cancellation refund protocols). All refunds under Charter Tours are strictly and entirely contingent upon the actual cash recovery timeline from overseas contractors.

4. Independent Contractors, Qualification Defense & Operational Variances

• 4.1 Independent Contractor Doctrine:
  The client understands and agrees that all transportation, accommodations, meals, guiding, and specialized outdoor activities (such as dive mastering, trekking, and safari tracking) are provided exclusively by independent third-party entities and individuals who are not employees, servants, partners, or joint venturers of the Company.

• 4.2 Legal Boundary of Duty of Care:
  The legal duty of care owed by the Company to the client as an agent is strictly and exclusively confined to verifying that, at the time the booking was secured, the Independent Contractor possessed a valid business license or operational authorization issued by the relevant regulatory authority in its operating jurisdiction. The Company disclaims all liability, whether in tort or contract, for any selection failure (Negligent Selection) or vicarious liability (Vicarious Liability) arising out of the day-to-day operations, equipment maintenance, or staffing negligence of such Independent Contractors.

• 4.3 Operational Service Variances:
  Any deviations between scheduled itineraries and actual delivery caused by local meteorological conditions, sudden operational restrictions, technical breakdowns, or on-site logistics (including room type reassignments/downgrades, vehicle substitutions, reduction of dive counts due to sea states, or maritime routing adjustments) constitute operational variances of the Independent Contractor. While the Company shall extend reasonable commercial assistance to lodge claims against the contractor, the Company assumes zero financial liability, reimbursement obligation, or compensatory duty for any such "contractor operational service variances."

5. Third-Party Supplier Default, Liquidation & Risk Allocation

• In the event that an overseas Independent Contractor (including airlines, DMCs, liveaboard operations, or hotel chains) enters into liquidation, insolvency, bankruptcy, malicious default, operational cessation, or unannounced closure resulting in the termination of services or loss of prepaid funds, the Company, acting purely as a booking agent, bears no obligation of indemnification, monetary advancement, or financial bailout. The Company's contractual obligation is strictly confined to providing reasonable administrative documentation (such as proof of international wire remittances, communication logs, and formal cancellation receipts) to support the client's direct claim against their comprehensive travel insurance policy. All financial losses resulting from third-party default shall be borne solely and exclusively by the client.

6. Force Majeure, Flight Disruptions & Extra Expenses Allocation

• 6.1 Definition of Force Majeure:
  Force Majeure encompasses, but is not limited to: acts of God, catastrophic weather, geological hazards, fires, epidemics, pandemics, government expropriations, wars, hostilities, civil unrest, strikes, air traffic control mandates, unilateral and unannounced commercial airline cancellations or retimings, airport closures, border restrictions, and outbound travel warnings issued by the HKSAR Government.

• 6.2 Allocation of Additional Expenses:
  Where Force Majeure necessitates the alteration, extension, truncation, or rerouting of an itinerary:
• Airline Rerouting & Fare Differentials:
  In the event of unannounced flight cancellations or schedule collapses by an airline, the Company shall make reasonable commercial efforts to assist in securing alternative flight sectors or terrestrial transport. All additional expenses incurred—including new airfare differentials, re-ticketing fees, unexpected layover accommodations, and meals—shall be borne 100% by the client. Under no circumstances shall the Company advance or subsidize these transportation differentials.
• Emergency On-Site Expenses:
  All unanticipated on-site accommodation, detour transport, or emergency logistics necessitated by Force Majeure must be settled directly and immediately on-site by the client.

7. Marketing Representations & Natural Environment Disclaimer

• 7.1 Illustrative Visual Guidance Only:
  All photographs, video footage, and verbal/written descriptions published across the Company's websites, brochures, itineraries, and social media platforms are strictly illustrative representations intended to depict standard conditions. The precise layout, design, or furnishing of accommodations, liveaboard cabins, vehicles, and destinations are subject to the real-time operational assignment of the Independent Contractor.

• 7.2 Zero Guarantee on Natural Sights & Wildlife:
  The client expressly recognizes that wildlife sightings (Safaris), birding expeditions, and marine diving experiences are inherently contingent upon variable ecological factors, tidal movements, ocean currents, weather patterns, and wild animal behavior. The Company and its contractors make zero representations or warranties regarding guaranteed sightings of specific species, river crossings, or underwater visibility. The Company explicitly repudiates any claims, refund requests, or complaints filed under the Trade Descriptions Ordinance (Cap. 362) alleging false representations based on discrepancies between marketing materials and the actual natural experience.

8. Assumption of Inherent Risk, Flight Sequencing Rules & Field Authority

• 8.1 Assumption of Risk (Volenti Non Fit Injuria):
  The client acknowledges that participating in specialized activities—including scuba diving, freediving, wildlife tracking, high-altitude trekking, and remote wilderness exploration—involves recognized inherent risks of physical injury, illness, permanent disability, or death. Confirmation of the booking constitutes express, voluntary assumption of all such inherent risks. Save for personal injury or death directly resulting from the Company's own negligence which cannot be lawfully excluded under the Control of Exemption Clauses Ordinance (Cap. 71 of the Laws of Hong Kong), the Company disclaims all tortious, contractual, or vicarious liability for any loss arising from the field judgment of local contractors, failure of rental gear (not directly provided by the Company), Force Majeure, or absence of local emergency medical infrastructure.

• 8.2 Strict Enforcement of Sequential Flight Coupon Usage (IATA Rules):
  In accordance with IATA governing rules and airline conditions of carriage, all flight coupons must be flown strictly in chronological sequence. If a passenger fails to board any specific flight segment or registers a "No-Show" (voluntary or involuntary), the airline's global reservation system will automatically and instantaneously cancel all subsequent segments (including the return journey). The Company assumes zero responsibility for canceled segments, passenger stranding, or subsequent losses. All costs associated with purchasing new air tickets shall be borne solely by the client.

• 8.3 Field Code of Conduct & Expulsion Authority:
  The client must strictly obey the safety directives of tour leaders, professional guides, and contractor personnel. If a client persistently defies safety protocols, commits illegal acts, transports prohibited substances, or exhibits verbal/physical harassment, intimidation, or disruption toward staff or fellow travelers, the Company and its local contractors reserve the immediate right to terminate their participation and expel them from the tour without refund or compensation. All subsequent costs for accommodation, personal safety, and return travel shall be the sole responsibility of the expelled passenger.

9. Passports, Visas, Immigration & Health Compliance

• The validation of all travel documentation is the strict, non-delegable personal responsibility of the client. Clients must ensure that their passport retains at least six (6) months of validity calculated from the intended date of departure from the destination country, and must independently procure all necessary transit visas, entry visas, electronic travel authorizations (e.g., ESTA/ETA), and mandatory international health certificates (e.g., Yellow Fever, Cholera). Advisory guidance provided by the Company is informative and does not relieve the client of this obligation. If a client is denied boarding by an airline or refused entry by immigration authorities due to documentation defects or background restrictions, such event shall be classified as a "No-Show." No refunds will be provided, and all repatriation, rerouting, or detention costs rest entirely with the client.

10. Mandatory Comprehensive Insurance (Condition Precedent) & Reverse Indemnity

• 10.1 Contractual Condition Precedent:
  Procuring comprehensive travel insurance with adequate, specialized coverage is an absolute legal Condition Precedent to the validity, effectiveness, and execution of this travel contract. Such insurance policy must mandate coverage for:
• Global emergency medical evacuation and repatriation of mortal remains (with a minimum policy limit of HK$1,000,000 / USD 150,000 or equivalent);
• Specific riders covering the client's planned high-risk activities (e.g., DAN diving insurance, high-altitude trekking, off-road wildlife safari);
• Comprehensive overseas hospitalization and emergency outpatient medical care.

• 10.2 Verification Authority:
  The client must furnish valid policy certificates, emergency assistance hotlines, and policy numbers to the Company no later than fourteen (14) business days prior to departure. The Company reserves the unilateral right to deny departure without refund if the client fails to provide compliant insurance documentation.

• 10.3 Reverse Indemnity Covenant:
  If, due to the client's breach in failing to procure insurance, purchasing inadequate coverage, failing to declare hazardous sports, or due to an insurer's formal denial of a claim, the Company, its affiliates, directors, employees, or overseas contractors are pursued by third parties (including helicopter evacuation providers, hyperbaric chamber facilities, medical centers, or governmental search and rescue teams) for any search, rescue, medical, logistical, or legal defense costs, the client (and their legal successors, heirs, and estate administrators) hereby agrees to unconditionally, fully, and irrevocably indemnify and hold harmless the Company against all such financial liabilities, out-of-pocket expenses, interest, and legal costs on a full indemnity basis.

11. Limitation of Cumulative Liability & Exclusion of Consequential Damages

• 11.1 Monetary Liability Cap:
  To the maximum extent permitted by the laws of Hong Kong (specifically Cap. 71, Control of Exemption Clauses Ordinance), save for personal injury or death directly resulting from the Company's own negligence which cannot be lawfully excluded under Cap. 71, the cumulative aggregate legal liability of the Company for all claims, breaches, losses, or torts (whether based on contract, negligence, or otherwise) shall in all circumstances be strictly capped at the net retained agency service fee actually received by the Company from the disputing client for that specific booking (defined as the total tour fare paid minus all non-refundable costs disbursed to airlines, hotels, liveaboards, and DMCs).

• 11.2 Waiver of Indirect, Consequential & Non-Pecuniary Damages:
  Under no legal doctrine shall the Company be held liable to the client for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of business opportunity, emotional distress, mental anguish, or loss of holiday enjoyment (Loss of Enjoyment).

12. Governing Law, Dispute Resolution & Exclusive Jurisdiction

• 12.1 Governing Law:
  The validity, interpretation, performance, and enforcement of these Terms and Conditions shall be governed strictly and exclusively by the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

• 12.2 Exclusive Jurisdiction:
  Any dispute, controversy, claim, or litigation arising out of or relating to this contract shall be submitted to the exclusive jurisdiction of the Courts of the Hong Kong Special Administrative Region.

• 12.3 Language Precedence:
  These Terms and Conditions are executed in both Traditional Chinese and English. In the event of any conflict, divergence, ambiguity, or discrepancy in legal interpretation between the Chinese and English texts, the English version shall prevail and govern in all respects.

Version Notice:
These Terms & Conditions constitute the latest revised version, taking immediate effect as of Oct 28, 2026, and shall completely supersede all previously issued versions.

Privacy Statement

Data Privacy and Security Policy

Our Commitment to Protecting Your Privacy

We are committed to protecting your personal and data privacy. To ensure you can make informed decisions and feel confident about supplying personally identifiable information ("Data") relating to you when using our website, this notice outlines Xpert Holidays online information practices and the choices you have concerning how the Data is being collected and used.

We collect and process only information that we need to administer our business, to provide you with the highest quality service and to offer various opportunities which may be of interest to you.

This privacy statement is in compliance with the Personal Data (Privacy) Ordinance of the Hong Kong SAR.

If you fail to supply the Data as requested from each specific service, we may be unable to deliver you the online services in full.

Cookies

A cookie is a piece of information about the user that a website can send to your web browser which may then store it on your computer system. With the use of cookies, we can better serve you when you return to our site. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in future.

Log Files

We may collect information regarding your IP address, browser type, domain name and access time. This information is used for our own research purposes and is stored and dealt with separately from Data. We do not link IP addresses to any personal information. In rare instances, IP addresses may be used to assist in deterring and/or preventing abusive or criminal activity on the website.

The Way We Use Your Data

We may use the Data you provided for one or more of the following purposes:

• To process your request to purchase our product(s) and service(s)
• To confirm your travel arrangements;
• To fulfil your request when you use our online services;
• To contact you regarding your enquiries;
• For the operations of the service providers including delivery of associated benefits and services;
• For our own marketing purposes, such as sending you updates on our latest offers and promotions;
• For our own reference and record.

We will not share the Data of users with outside party, except to the extent necessary to complete the order/request on the purchase of our product(s) and service(s), and to fulfil your request when using our online services.

We use aggregate non-identifying information about our customers to better design our website. This means that we may provide this information to third parties. However, this information will never identify any single user in particular.

We will never use or share the Data provided to us online in ways unrelated to the purposes aforementioned.

Our Commitment to Data Security

To maintain the accuracy of all Data, as well as to prevent unauthorized access and to ensure the correct use of the Data, we have carried out appropriate physical, electronic and managerial measures to safeguard and secure the Data we collect online.

The Data you provide us will be stored in a database for the length of your membership or registration validity, whichever is longer, after which it will be destroyed. The website has a firewall in place, which aim to protect Data collected from you against unauthorized or accidental access. However, complete confidentiality and security is not yet possible over the Internet, and we cannot assure complete privacy during any communication between you and us.

You should understand that personal information is disclosed at your own risk, and may be subject to unauthorized use by others. This may result in you receiving unsolicited messages from other parties. We are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising from the communication of information to us.

Your Choice

We may occasionally send you email updates about our latest products and services, as well as special offers.

Should you prefer not to receive any email updates from us, feel free to opt out from these services by contacting us directly. Alternatively, simply replying to our email with a short note e.g. "Please do not send me email updates about your latest news and offers".

Links to Other Sites

This website contains links to other sites that are operated under different privacy practices. You should remain alert when you leave our site, and read the privacy statements of other websites. We have no control over Data that is submitted to these third parties.

All such websites are classed as entirely independent from this website and from Xpert Holidays and its affiliates. Xpert Holidays and its affiliates have no control over the contents of such other websites or their privacy policies or compliance with the law, and do not vouch for their security. You should therefore be fully aware the provision of the link does not constitute an endorsement, approval, or any form of association by or with Xpert Holidays or any of its affiliates.

You should therefore remain alert when you leave our site, and read the privacy statements of other websites. We have no control over Data submitted to these third parties. You access the data on such websites at your own risk.

Our Commitment to Children's Privacy

Protecting the privacy of children is our primary concern. Therefore, we make every effort to desist from collecting Data from our website or storing this Data from those who are under 13 years of age.

Changes to Privacy Statement

We post new or updated statements in this section if we deem it necessary to change any part of our privacy statement. That way you are always informed of the way we collect and use the Data. If at any point we decide to use the Data you submitted under this current statement in the revised condition, you will be given the opportunity to opt out or otherwise prevent from such usage.

Legal Disclaimer

We may disclose Data when required by law or by court order, or as requested by other government or law enforcement authorities. It may also be revealed in good faith that disclosure is otherwise necessary or advisable including, and without limitation to protect the rights or properties of Xpert Holidays. This also applies when we have reason to believe that disclosing Data is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.