Terms and Conditions
1. Agency Declaration, Compliance & TICF Boundary
- Xpert Holidays (hereinafter referred to as "the Company") acts strictly as a Booking Agent for third-party service providers (including but not limited to airlines, DMCs, liveaboard operators, hotels, and transport companies). All travel products and bookings are directly subject to the terms and conditions of these third-party suppliers.
Stamp Levy & TICF Boundary Declaration:
- This booking legally constitutes a "Package Tour" under the Travel Industry Ordinance (Cap. 634) of Hong Kong and is governed by the relevant directives issued by the Travel Industry Authority (TIA). All official receipts issued by the Company are subject to the statutory 0.15% stamp levy and are protected by the Travel Industry Compensation Fund (TICF). However, the client must fully understand and agree that: The financial protection of TICF is legally strictly limited to the default of the "Hong Kong licensed travel agent" (i.e., the Company). It absolutely DOES NOT cover the bankruptcy, liquidation, malicious default, or operational negligence of any overseas third-party suppliers (such as DMCs, liveaboard operators, hotels, or airlines). In the event of itinerary cancellations due to overseas supplier financial failures or defaults, the Company will assist in recovery efforts, but the client must rely on their personal comprehensive travel insurance. Neither the Company nor the TICF shall bear the refund liability for such third-party defaults.
2. Deposits, Payments & Non-Refundable Items
- Quotations & Exchange Rates: All quotes are based in Hong Kong Dollars (HKD). The client assumes full responsibility for any exchange rate fluctuations and international wire transfer fees.
- Deposit: A 30%-50% deposit is required upon booking confirmation. Full payment is required at least 60 working days prior to departure for peak seasons.
- Liveaboard & Safari Specific Payment Timeline: Due to the strict financial liabilities and scarcity associated with high-end liveaboards and safaris, a non-refundable deposit of 30% to 50% is required immediately upon booking confirmation. The remaining balance must be completely cleared no later than one hundred (100) calendar days prior to departure. Failure to settle the final balance within this timeframe may result in the unilateral cancellation of the reservation by the Company, and all deposits paid shall be forfeited to cover overseas supplier costs.
- Absolute Non-Refundable Sunk Costs: All non-refundable fees paid to specific suppliers (including but not limited to: Safari permits, bush flight deposits, liveaboard space reservation fees) are strictly non-refundable under any circumstances once remitted.
- Transaction Costs: Credit card or third-party payment gateway surcharges incurred during the original transaction are strictly non-refundable in the event of a cancellation.
3. Cancellations, Amendments & Administrative Fees
- All cancellations or amendments must be submitted in writing. As a licensed Hong Kong travel agent, the Company strictly adheres to the Directives for Licensees issued by the Travel Industry Authority (TIA). The refund processing mechanism is categorized based on the nature of your booked travel product:
- A. Outbound Package Tours (For FIT / Standard Group Departures)
If this booking constitutes a standard "Outbound Package Tour", cancellations will be subject to the following deduction tiers (calculated based on the total tour fare), which encompass both supplier cancellation costs and the Company's administrative fees.
- Standard Itinerary Cancellation:
Over 60 days prior to departure: 30% deduction; 31-60 days: 50% deduction; within 30 days: 100% deduction. - Liveaboard & Safari Specific Cancellation:
100 days or more prior to departure: Forfeiture of the initial 30%-50% deposit. - 60 to 99 days prior to departure: 60% deduction of the total tour fare.
30 to 59 days prior to departure: 80% deduction of the total tour fare.
Within 30 days prior to departure: 100% deduction of the total tour fare.
(During peak seasons, no amendments or refunds are permitted once full payment is made).
- Administrative Interception Fee: For any cancellations or amendments not caused by the Company's negligence (including flight rescheduling), the Company will levy an administrative fee of 5% of the total booking value or a maximum of HK$1,200 per person (whichever is lower) to cover hidden labor and communication costs. The Company commits to deducting only actual, unrecoverable costs and reasonable administrative fees. Should the client formally dispute the deduction, the Company will, in compliance with TIA directives, provide redacted supplier deduction proofs (concealing B2B net margins). The client holds no right to audit complete commercial contracts.
- Statutory Refund Timelines: For standard cancellations of credit card payments, the Company will submit the refund application to the card issuer within seven (7) working days after issuing the cancellation notice. For cancellations due to Force Majeure, the Company will submit the credit card refund application within seven (7) working days after submitting the required supplier deduction proofs to the TIA.
- B. Outbound Charter Tour Exemption (For Private / Bespoke Groups)
If this booking is customized exclusively for the client's private group and not publicly solicited, it legally constitutes an "Outbound Charter Tour". - Statutory Exemption: The client acknowledges and agrees that, pursuant to TIA Directive 2.70 , Outbound Charter Tours are exempt from Directives 2.36 and 2.56 (the 7-working-day credit card refund timelines) and Directives 2.42 to 2.54 (Force Majeure refund mechanisms).
- Charter Cancellation Mechanism: Cancellations for private charter tours are subject to the same chronological deduction tiers listed above; however, all refunds for Charter Tours are strictly contingent upon the actual cash recovery timeline from overseas suppliers. The Company will process client refunds only after receiving the returned funds from the respective suppliers.
- Acting strictly as a Booking Agent, the Company’s legal duty of care is confined solely to accurately transmitting the client’s booking requirements and securing confirmation from third-party suppliers. Once confirmed, the actual execution of services falls entirely under the exclusive liability of the supplier. Should the supplier deliver a standard that varies from the original promise (including room downgrades, reduced dive counts, or unannounced vehicle substitutions) due to operational constraints or negligence, this constitutes a breach by the supplier. The Company will reasonably assist the client in seeking recovery, but shall bear absolutely no financial compensation or joint liability for such "operational service variances."
- In the event of liquidation, bankruptcy, or malicious default by an overseas third-party supplier resulting in unrecoverable funds, the Company, acting as a bona fide agent, shall not bear unlimited joint and several liability. To fulfill commercial ethics and align with TIA guidelines, the Company commits to surrendering the anticipated profit of the disputed booking and will subsidize up to a maximum of 10% of the total booking value for alternative arrangements or refunds. Any remaining financial losses shall be borne solely by the client, who may inquire with their insurance provider regarding potential coverage.
- Force Majeure events include natural disasters, geopolitical unrest, severe weather, pandemics, unannounced airline cancellations, and government-issued travel alerts. If an itinerary must be altered due to Force Majeure, the Company will assist in arranging alternatives. All additional costs incurred (including flight fare differences and extra accommodation) must be borne entirely by the client.
- All photographs, videos, and descriptions on the Company’s website and promotional materials are strictly for visual reference. Concerning Safari and marine Diving activities, the Company makes zero guarantees regarding specific wildlife sightings or weather conditions. The actual layout and appearance of accommodations, cabins, and vehicles are subject to the supplier's deployment at the time of service. The Company explicitly rejects any claims or Trade Descriptions Ordinance complaints based on "experiences/facilities differing from promotional images" or "failure to sight specific wildlife."
- Participating in Diving and Safari activities involves inherent risks to life and property. By confirming the booking, the client legally declares they possess the necessary certifications and health conditions. Except in cases directly caused by the Gross Negligence of the Company, Xpert Holidays shall not be liable for any injury, death, or property loss resulting from the misjudgment of local operators, equipment failure (not provided by the Company), or lack of local medical resources.
- The client bears absolute personal responsibility to ensure their passport possesses a minimum validity of six (6) months beyond the intended departure date from the destination, and to secure all necessary visas, transit permits, and health certificates (e.g., Yellow Fever). The Company is under no obligation to verify travel documents. Denials of boarding or entry due to invalid documents or rejected visas shall be strictly classified as a "No Show" by the client. The client assumes 100% of the resulting financial loss, and the Company accepts no liability for refunds or subsequent rescue.
- For high-risk activities (Diving, Liveaboard, Safari), it is the client’s absolute responsibility to ensure their travel insurance specifically covers these activities (e.g., DAN diving insurance) and includes adequate coverage for Medical Evacuation.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
Version Notice:
These Terms & Conditions constitute the latest revised version, taking immediate effect as of Jun 23, 2026, and shall completely supersede all previously issued versions.