Hong Kong Express Airways Limited Terms and Conditions Of Carriage

1. The below terms have the following meaning in these Conditions of Carriage:

(a) "We”, “our” and “us” mean Hong Kong Express Airways Limited (“Hong Kong Express”).

(b) “You”, “your” and “yourself” mean you and other passenger(s) on your booking.

(c) "Ticket" means the itinerary/receipt and/or Electronic Ticket issued by or on behalf of us, which incorporate these Conditions of Carriage.

(d) "Airline Designator Code" means two-characters (IATA) or three letters (ICAO) which identify particular Carriers (such as UO or HKE for Hong Kong Express).

(e) "Authorised Agent" means a licensed agent authorised by us.

(f) "Baggage" means your personal property accompanying you on your trip. It consists of your Checked Baggage, Carry On Baggage and Gate Baggage.

(g) "Baggage Identification Tag" means the numbered baggage document issued to you that corresponds to the tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage.

(h) "Booking" means the details which we or our Authorised Agent have entered in our system relating to a journey to be made by a Passenger.

(i) “Call Centre” means the Customer Connect Team of Hong Kong Express to facilitate Bookings and enquiries. The contacts are listed at https://www.hkexpress.com/en-hk/need-help/customer-care/contact-us/.

(j) "Carriage" means transportation.

(k) "Carrier" means an air carrier other than Hong Kong Express whose flights you may travel under your Ticket.

(l) “Carry On Baggage” means any Small Personal Item (as defined in Article 5) and/or any Cabin Baggage that you take on board the flight which is not Checked Baggage or Gate Baggage. If you wish to check any Baggage into the hold at the gate or if any Carry On Baggage is found at the gate to be in excess of the Carry On Baggage Allowance applicable to your fare type then it will become Gate Baggage.

(m) “Checked Baggage” means any of your Baggage that we or our agents take custody of at the time of check-in or at the gate and load into the hold of our aircraft

(n) "Check-in deadline" means the time limit specified by us by which you must have completed check-in, including completing the drop-off of any Checked Baggage, and received your boarding pass.

(o) “Conditions of Carriage” means these conditions of carriage or another Carrier’s conditions of carriage as the case may be.

(p) “Notices and Conditions of Contract” mean the applicable terms and conditions to your Ticket which appear on your Ticket. They incorporate by reference these Conditions of Carriage, the regulatory notices and our notice(s). Together they form the key provisions of your contract with us.

(q) “Convention” means one or more of the following international air law treaties which may apply to your flight and govern any claim that you may make:

(i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, 28 May 1999 (“Montreal Convention”);

(ii) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (“Warsaw Convention”);

(iii) the Warsaw Convention as amended at The Hague on 28 September 1955;

(iv) the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal (1975);

(v) the Guadalajara Supplementary Convention (1961); and

(vi) any other applicable protocols or conventions and their local enabling legislation (if any).

(r) "Damage" includes death of, wounding of or bodily or personal injury to a Passenger and also includes loss, partial loss, theft or other damage to Baggage arising out of or in connection with, either carriage on flights we operate or other services we provide. However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.

(s) “Gate Baggage” means the Passenger’s Carry On Baggage that exceeds the allowance at the gate and any Carry On Baggage that the Passenger may wish to check-in at the gate and which for the purposes of the air law Conventions is treated as Checked Baggage.

(t) "Passenger" means any person with a Booking who is to be carried or who is carried on an aircraft, except members of the crew operating the flight.

(u) "Policies" mean the procedures, rules, and policies which we have in place for certain aspects of carriage of Passengers and their Baggage.

(v) "Tariff" means the fares, fare rules, charges, or Conditions of Carriage that in certain instances we file with government authorities.

1. These Conditions of Carriage apply to all flights operated by us or on flights on other Carriers for which you have been ticketed with us to the extent that there is no conflict between these Conditions of Carriage and the terms and conditions of other Carriers, and in any case where we have a legal liability to you in relation to your flight.

2. To the extent not in conflict with the foregoing, Carriage and other services performed by us and each Carrier are subject to: (i) provisions contained in the Ticket, including but not limited to Notices and Conditions of Contract; (ii) applicable tariffs; (iii) Conditions of Carriage and related regulations rules, policies and requirements which are made part hereof (available upon request at our or the relevant Carrier’s office).

3. These Conditions of Carriage apply to all Carriage by air of passengers and baggage for paid carriage, free of charge travel, staff travel concession tickets and reduced fare carriage, or any flights redeemed under a frequent flyer program or award.

4. These Conditions of Carriage apply to charter flights only if they are incorporated by reference in the terms of the charter agreement and/or the charter Ticket.

5. To the extent that any provision contained in these Conditions of Carriage is contrary to the provisions of the Montreal or Warsaw Conventions (if applicable), or any applicable laws, regulations, orders, or requirements that cannot be waived by agreement of the parties, such provision shall not apply, the other provisions shall nevertheless remain valid. Except as provided herein, in the event of inconsistency between the Conditions of Carriage and regulations and policies of a carrier, the Conditions of Carriage shall prevail. We may publish a summary or explanation of these Conditions of Carriage to assist in drawing key conditions to the attention of Passengers. The terms of these Conditions of Carriage will prevail over any summary of them.

6. Our name may be abbreviated in the Ticket. Our full name is shown in our tariffs, Conditions of Carriage, regulations or timetables; our principal business address is 1st Floor, Cathay House, 11 Tung Fai Road, Tung Chung, Hong Kong SAR. The agreed stopping places are those places set forth in this Ticket or as shown in the timetables as scheduled stopping places on the passenger's route; and the Carriage to be performed by us and any other Carriers under this Ticket is regarded as a single operation for the purposes of the Convention.

7. Where we issue a Ticket for Carriage by another Carrier, or we check-in your Baggage for Carriage by another Carrier, we do so only as agent for that Carrier.

8. No employee or other person is authorised to vary any of these Conditions of Carriage. However, this does not affect our right to waive any fare rule or amount payable. A waiver on one occasion does not form a waiver on any other occasion.

1. “Codeshare” means an arrangement between us and other service providers including other Carriers like Cathay Pacific Airways in which we market and sell seats on each other’s services using our own Airline Designator Code. You may therefore have a Ticket with our Airline Designator Code, but another Carrier will operate one or more of the services on your Ticket.

2. For commercial and operational reasons, some services are operated under Codeshare arrangements with other Carriers. This means that although you have a booking with us, another Carrier will operate one or more of the services on your Ticket.

3. You can identify the Airline Designator Code for us and the other Carrier(s) during the reservation process and on departure screens at the airport. If your Ticket includes one or more services on other Carriers, then the Conditions of Carriage of those Carriers may apply to your journey. If you have any enquiries, you may check with us prior to your flight.

4. Passengers travelling on Codeshare services will be subject to the terms and conditions of that operating Carrier. We will advise you of any Codeshare arrangements and the identity of the Carrier at the time you make a reservation.

5. We have arrangements with other Carriers known as an 'Interline.' These are used when passengers are traveling on multiple airlines on the same itinerary, allowing passengers to check their bags through to their final destination and getting boarding passes all way to their destination. Where there is an Interline, this means that even if you have made a booking with us, the Ticket we issue you will be for a flight operated by another Carrier using that Carrier’s Airline Designator Code. If we issue an Interline Ticket for you we do so only as agent for that Carrier. The conditions of carriage of the operating Carrier will apply to that flight and are available on the operating Carrier’s website. We will advise you of any Interline arrangements and the identity of the Carrier at the time you make a reservation.

1. A Ticket is good for Carriage on the flight(s) and date(s) specified on the Ticket. As per the tariffs, Conditions of Carriage and related regulations, it may be possible to change the flight(s) and/or date(s). The fare for Carriage may be subject to change prior to commencement of Carriage. Transportation may be refused if the applicable fare has not been paid. The Ticket is only valid for transportation on the flight(s) specified in your Booking between the specified origin airport and the destination airport. The Ticket is not valid for ground transportation between airports, to/from airports or between airports and city terminals. Open Tickets are not permitted.

2. We reserve the right to refuse carriage to any person who has acquired a ticket in violation of applicable law or our tariffs, rules or regulations.

3. If after having purchased your Ticket, you are prevented from travelling on the date of the Ticket by reason of serious injury, we may extend the period of validity of your Ticket for no more than two (2) months from the date shown on the medical certificate, subject to space being available on the alternative flight and fare difference. This will be subject to you providing evidence such as a valid medical certificate. However, the period of validity of Tickets of other persons accompanying you will not be extended in such circumstances.

4. The Tickets of the persons accompanying you may be modified by extending their validity. In the event of a death in the immediate family (Father, Mother, Son, Daughter, Brother, Sister, Husband, Wife, Grandparent, Grandchildren, Father/Mother-in-Law, Brother/Sister-in-Law) of the Passenger who has commenced travel, the validity of your Tickets and those of your immediate family who accompanied you may likewise be modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall not be for a period longer than two (2) months from the date of the death, subject to space being available on the alternative flight and fare difference.

5. Refunds

(a) Unless otherwise stated in these Conditions, fare rules or tariff or applicable law, Tickets are non-refundable.

(b) If we cancel a flight or cease to operate a route, we shall make a refund to you in respect of each sector shown in the itinerary which has not been utilized. The amount of refund shall be equal to the fare paid plus any associated taxes, fees and charges paid.

1. If you have chosen a specific seat and we have accepted your request, we will endeavour to honour your chosen seat, but we cannot guarantee it and we will not pay any compensation, provided another seat is available in the same cabin of travel. We reserve the right to amend your seat selection, whether before travel, at check-in or on-board, for operational (e.g. required to carry passengers with reduced mobility, damaged or defective seat or inflight entertainment equipment etc.), security or safety reasons. For safety reasons, some seats are restricted and not suitable for all Passengers.

2. Some provisions of our fares differ depending on the fare booked and ticketed; please see the fare rules and terms and conditions specified on hkexpress.com, via our reservation's office, Call Centre or Authorised Agent listed on your booking itinerary for more detailed information. Other provisions that are common to all fares are listed below. The below rules are subject to local laws that applicable at the time of purchase. The price of the Ticket is the full price inclusive of all taxes, fees and our charges for the Carriage of the passenger, but does not include optional baggage fees, taxes, fees and charges for additional products or services provided by us.

3. Baggage fees may be found here Baggage Fees & Excess Baggage Fee - HK Express.

4. Any payment for products or services marketed or offered by us, but provided by a third party, are governed by the third party’s terms and conditions.

5. Notice of Government Imposed Taxes and Charges:

The price of your Ticket may include taxes, fees and charges which are imposed on air transportation by government authorities. These taxes, fees and charges, which may represent a significant portion of the costs of air travel, are either included in the fare, or shown separately in the "TAX/FEE/CHARGE" box(es) of your Ticket.

You may also be required to pay taxes or fees or charges not yet collected.

6. To the extent permitted by law, fares (including fuel surcharges) are non-refundable and payment for any product or service offered and provided by us is non-refundable.

7. If you do not travel, we may refund certain taxes and charges to you provided that:

(a) We are not obliged to remit the tax or charge to the body (e.g. airport or government) on whose behalf we were collected;

(b) A refund request is submitted within ninety (90) days, unless stipulated otherwise by relevant laws or regulations. Please inquire with our Call Centre.

(c) A reasonable administration fee, as listed in the Fees Chart, will be deducted from the refundable amount if permitted by law the administration fee exceeds the amount of refund, no refund will be paid.

1. If you require special assistance – including, but not limited to assistance because of blindness or deafness, the use of a wheelchair, or use of a Guide or Disability Assistance Dog, you must notify us in advance via our reservation offices, Call Centre or Authorised Agent, failing which you may not be accepted on the scheduled flight.

2. For passengers who require special assistance, the passenger may travel unaccompanied if the passenger can independently complete all the tasks listed at the section of "Passengers Who Require Safety Assistance" on our Special Assistance page. Passenger who is unable to complete any of the required tasks may be required to fly with a Personal/Safety Assistant who must be 18 or above years of age and must be physically and mentally capable of providing the required assistance.

3. The mobility assistance service is provided by a local ground service provider and subject to the facilities and infrastructure of the local airport.

4. For passengers who have limited mobility, we reserve the discretion to reassign your seating to a non- emergency exit seat to satisfy the emergency exit row requirements as approved by the Civil Aviation Department of Hong Kong. Please refer to the section of “Emergency Exit Row Requirements” on our Seat Options page.

5. If you require an extra seat, you must book and pay for the extra seat via our reservations office, call centre or Authorised Agent. The booking of extra seat is for your own comfort only. The extra seat is not allowed to be used for transportation or storage of personal items or Carry On Baggage. The prevailing fare for the extra seat will be charged. In order to arrange for adjacent seats, advance seat assignment (including the payment of any associated fees for such advance seat assignment) will also be required.

6. We reserve the right to decline carriage of any bespoke or non-standard assistive device (e.g. bespoke wheelchair) that fails to comply with the relevant safety and hazard materials requirements and regulations.

7. If you wish to travel whilst you are pregnant then the following conditions will apply based on the term of your pregnancy and how many children you are expecting:

(a) provided that your pregnancy is not complicated or high-risk, then we do not require a medical certificate for travel with us before the 28th week;

(b) for travel with us after the first 28th weeks of your pregnancy you will need to carry a certificate or letter from your doctor or midwife;

(c) provided that there are no complications with your pregnancy you can travel with us up to the beginning of the 36th week of your pregnancy for single pregnancies or up to the beginning of the 32nd week of your pregnancy for multiple pregnancies; and

(d) medical clearance will otherwise be required if you are having complications with your pregnancy.

Any medical certificates must be provided to us upon request. You may refer the details to the section of “Pregnant Customers” on our Special Assistance page.

Some countries place limitations on the entry of non-national pregnant persons. Check with the relevant embassy, consulate or local authorities to confirm the country specific requirements.

Pregnant passengers cannot be seated in an emergency exit seat.

8. Passengers who have limited mobility requiring special assistance or wish to notify us of health conditions under Article 6(7) are required to provide advance notice to us, failing which such passenger may not be accepted on the scheduled flight. Please refer to our Special Assistance page for the specific notice time required for different categories of special assistance.

9. We are unable to carry Infants (passengers below the age of 2 for the entirety of the itinerary) at the date of travel unless accompanied by a parent or guardian, over 18 years of age, on the same booking. Infants within 7 days of birth will not be accepted for travel.

Children from the age of 2 to below the age of 12 must be accompanied by an appropriate fare paying escort or carer over the age of 18. The parent or guardian may be required to provide the full name, contact information, and other relevant details of the person assigned to act as the escort or carer. They must complete the relevant documents required and may be requested to sign a declaration of indemnity before the journey commences.

Children under the age of 18 cannot be seated in an emergency exit seat.

1. If we have previously notified you in writing that we will no longer carry you on any of our flights then, at our discretion, we may refuse to carry you or your Baggage even if you hold a valid Ticket and/or have a boarding pass.

2. Even if you hold a valid Ticket or boarding pass, we may refuse to carry you or your Baggage and retain your Ticket or boarding pass if any one or more of the following have occurred or we reasonably believe may occur:

(a) You or your Baggage may put the safety of the aircraft or the health or safety of any person in the aircraft or airport in danger or at risk;

(b) Your mental or physical state, including your impairment from alcohol or drugs, present a safety or health hazard or risk to yourself, to passengers, to crew, or to property or may affect the comfort of other passengers or crew;

(c) You require specific assistance outside the scope of services that we can reasonably offer to people with specific needs;

(d) You have committed a criminal offence when reserving your Ticket, during the check-in or boarding process at the airport or on board the aircraft;

(e) You have refused to submit to a security check for yourself or your Baggage, or having submitted to such a check, you fail to provide satisfactory answers to security questions at check-in or at the boarding gate or you tamper with or remove any security seals or stickers on your Baggage;

(f) You have not observed our instructions with regard to safety or security, either on board or at the airport. This includes the need to wear a mask throughout your journey if directed by us, and bringing with you and showing us specific documents if you have a medical exemption;

(g) You do not in our reasonable view appear to have a valid Ticket, valid travel documents, you seek to enter a country through which you may be in transit, or for which we reasonably suspect that you do not have valid travel documents, or you destroy your travel documents during flight or refuse to provide your travel documents to the flight crew when so requested;

(h) You present a Ticket that we reasonably suspect has been acquired unlawfully, has been purchased from an entity other than us or our Authorised Agents, is a fraudulently issued or counterfeit ticket, the Ticket (or relevant sector(s) on that Ticket) has been cancelled, or you cannot prove that you are the person named in the Ticket;

(i) You fail to travel in accordance with the flight sequence as set out on your Ticket;

(j) You have caused harm to, injured, or used threatening, abusive, insulting, discriminatory, obscene or lewd language or behaviour towards a member of our staff, ground crew or any passengers;

(k) You have made a bomb threat including bomb hoax, bomb joke, or other security threat;

(l) You have a medical illness or condition that in our reasonable view does not comply with our medical clearance policy under the section of “Special Assistance” of our FAQ page or you otherwise do not satisfy us that you are fit to fly or if in our reasonable view you require Safety Assistance;

(m) You do not in our reasonable view appear to have complied with government health and travel advisories and restrictions;

(n) Such action is in our reasonable view necessary in order to comply with any applicable government laws, regulations, or orders or requests from aviation or other regulatory authorities;

(o) You refuse our requests for information about yourself or provide inaccurate or incorrect information, including information required by governments or other regulatory authorities;

(p) You have not paid the applicable fare, taxes, fees, or charges in full; or

(q) You are the subject of a Banning Notice with us or any other Carrier.

3. If we refuse to carry you as a result of any of the reasons in Article 7(2) then we may cancel your Ticket, and any subsequent flights on your Booking, and we will not be obliged to refund you.

4. We may also issue you with a Banning Notice. Under a Banning Notice, you will be banned from all flights that we operate. The Banning Notice includes the date when the ban comes into force and the period for which it shall be enforced. If you try to travel whilst a Banning Notice is in force, we will refuse to carry you. A Banning Notice may also prevent you from being carried on flights operated by Cathay Pacific Airways or flights operated by other Carriers where those Carriers or Cathay Pacific Airways have issued a Ticket to you

1. Checked Baggage and Gate Baggage

Checked baggage and Gate Baggage must be packed properly. We will not accept liability under the following circumstances:

(a) Damage to baggage or protruding parts such as wheels, stand, pull straps or telescopic handles, hanger or hooks, loose flaps, pockets or attached items resulting from ordinary wear and tear; and/or

(b) Baggage labelled with a limited release tag at the time of acceptance.

We are not liable in any way whatever for loss of, damage to or delay in the delivery of certain high value or vulnerable articles which you include in your baggage (both checked and unchecked baggage), including fragile or perishable items, artwork, sculptures, paintings, silverware, pottery, porcelain, china, cameras, other equipment for photography, binoculars, telescopes, optical devices, furs, trophies, antlers, pelts, money, jewellery, precious metals, precious stones, precious materials, computers, diving computers, personal electronic devices, negotiable papers, securities or other valuables, artifacts, original manuscripts, collectibles, irreplaceable items, antiques, heirlooms, business documents, keys, passports and other identification documents or samples.

Please refer to the Baggage Claims Policy for more details.

2. Limitation of Checked Baggage

The maximum weight of each checked baggage is based on your purchased allowance which will ordinarily be 20 kgs or 32 kgs, with the total measurement not exceeding linear dimension of 158 cm / 62 inch. Any single bag exceeding 32kg in weight will not be accepted for Carriage on our flights.

3. Special Baggage

Special rules may apply to items such as sports equipment, mobility aids and musical instruments. Please refer to Special Baggage / Sports Equipment Information - HK Express for more details.

4. Checked Baggage Allowance

Checked baggage allowance varies by fare type. Certain fare types do not include any checked baggage allowance and an allowance is only available for purchase at an additional fee.

To comply with our baggage rule requirements please see the Checked Baggage Allowance - HK Express

For additional details, please see the fare rules and terms and conditions specified on hkexpress.com or obtain further information from our Call Centre or Authorised Agent.

Infants not occupying a seat have no checked baggage allowance.

Baggage that weighs in excess of your purchased allowance may be accepted provided that an additional fee is paid.

5. Carry On Baggage Allowance

Carry On Baggage must comply with the applicable size and weight restrictions shown in our rules here at Carry On Baggage | Quantity, Size & Weight Limitation - HK Express.

Carry On Baggage allowance varies by fare type. Certain fare types do not include any Carry On Baggage allowance and an allowance is only available for purchase during the initial booking and at an additional fee.

The following articles may fall into Small Personal Item - small size handbag or purse or one laptop computer; umbrella or walking stick; small camera and/or a pair of binoculars; reasonable amount of reading material for the flight; infant's food for consumption in flight and infant's carrying bag (when an infant is travelling); canes, crutches or other prosthetic devices for the passenger's use provided the passenger is dependent upon them; and duty-free items. Additional charges are applicable for carrying Cabin Baggage or exceeding our rules on dimensions and/or weight. Any Carry On Baggage that is found at the gate to be in excess of the Carry On Baggage Allowance applicable to your fare type must be checked in as Gate Baggage. Gate Baggage Fees will apply in those circumstances.

We may, at our discretion, not permit items falling within the above description to be carried in the cabin of the aircraft.

6. Prohibited Items

(a) Passengers must not include the following items in any baggage (both checked and unchecked baggage):

(i) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified at our website Controlled and Banned Items - HK Express or the International Civil Aviation Organization’s (“ICAO”) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA), Dangerous Goods Regulations and all other applicable rules, other than these Conditions of Carriage, published by us and in effect on the date of the commencement of Carriage;

(ii) items which are prohibited by the applicable laws, regulations or orders of any country or state to or from which you are flying;

(iii) items which are reasonably considered by us to be unsuitable for Carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or because they are fragile or perishable having regard to, among other things, the type of aircraft being used;

(iv) firearms and/or ammunitions;

(v) stun guns, tear gas sprays, knuckle dusters and extendable batons; and

(vi) attached briefcases with installed alarm devices.

(b) Firearms, ammunition, stun guns, tear gas sprays, knuckle dusters and extendable batons are classified as banned items by the laws of Hong Kong whether you are arriving or just transiting at Hong Kong. Offenders are liable upon conviction to a fine of up to HK$100,000, and imprisonment for up to fourteen (14) years. For further information please refer to The Hong Kong Police website.

(c) Bladed items such as swords, knives and similar items may be accepted as checked baggage, at our discretion, but will not be permitted in the cabin of the aircraft;

7. Permitted Items

(a) Notwithstanding the above, you may bring liquids, aerosols, and gels in your Carry On Baggage as long as each item does not exceed a maximum volume of 100ml, these items must be carried in one resealable, transparent plastic bag and cannot exceed 1-litre in capacity per passenger.

(b) The following items, intended for use during your trip, can be carried in hand baggage in quantities above 100ml, provided that the items are presented for inspection at security:

(i) Medicines that are essential for travel, such as diabetic kits;

(ii) Baby food, in paste or liquid form (if you are travelling with an infant);

(iii) Expressed breast milk, of breast-feeding mothers travelling with or without their baby; and

(iv) Non-liquid cosmetics, like lipsticks, powder foundation and solid deodorant. Please note that the above exemptions are subject to verification by security.

8. For safety and security reasons, passengers' consent to the search, scan or x-ray of their persons and baggage by us, the government or airport officials. Your baggage may be inspected in your absence.

9. Security Notice to Passengers for Carry On Baggage

A directive from the Hong Kong Civil Aviation Department forbids passengers from carrying certain items onto the cabin of the aircraft for all flights departing from Hong Kong International Airport. These include knives and knife-like objects of any length and description; bladed items including but not limited to household cutlery, cutters, scissors or razor blades; and toy guns.

10. Checked Baggage and Gate Baggage will be delivered to the person named in the Baggage Identification Tag. In case of damage to baggage moving in international transportation, complaint must be made in writing to the carrier forthwith after discovery of damage and, at the latest, within 7 days from receipt; in case of any delay, complaint must be made within 21 days from the date the baggage was delivered. See tariffs or Conditions of Carriage regarding non-international transportation. Please refer to the Baggage Claims Policy for more details.

11. We will not accept liability for and may refuse to carry any Baggage, even after having exercised a right to search if in our reasonable opinion:

(a) Your Baggage may put the safety of the aircraft or the health or safety of any person in the aircraft or airport in danger or at risk;

(b) If you have refused to submit to a security check of your Baggage, or having submitted to such a check, you fail to provide satisfactory answers to security questions at check-in or at the boarding gate or you tamper with or remove any security seals or stickers on your Baggage;

(c) If you have not observed our instructions with respect to safety or security, either on board or at the airport; The Baggage is not properly and securely packed in suitable containers;

(d) The Baggage is unsuitable for Carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers;

(e) The Baggage does not belong to you and you have pooled it with your own Baggage.

(f) You do not in our reasonable view appear to have complied with government advisories and restrictions.

(g) Such action is in our reasonable view necessary in order to comply with any applicable government laws, regulations, or orders or requests from aviation or other regulatory authorities.

(h) You refuse our requests for information about yourself or your Baggage, or provide inaccurate or incorrect information, including information required by governments or other regulatory authorities; or You have not paid the applicable fare, taxes, fees or charges in full.

1. We undertake to use our best efforts to carry you and your baggage with reasonable dispatch. The flight times shown in timetables may change between the date of publication and the date of travel. Flight times shown in timetables are not guaranteed and they do not form part of your contract with us.

2. Schedules are subject to change without notice. Before we accept your booking, we will notify you of the scheduled flight time in effect as of the booking time, and it will be shown on your Ticket. We may however need to change the scheduled flight time after the issuance of your Ticket. We will endeavour to notify you of any such changes where you have provided us with your contact information.

3. We will not be responsible for your connecting flights with another Carrier or for itineraries not sold on the same Ticket.

4. We may without notice substitute alternate Carriers or aircraft and may alter or omit stopping places shown on the Ticket where necessary.

5. We shall not be responsible for any delay or cancellation of flights arising from unforeseen circumstances or incidents beyond our control.

6. Except as otherwise provided by the Conventions, if we cancel a flight or cease to operate a route, we shall, at your option, either:

(a) carry you on the same route to your final destination at a later date at your convenience subject to seat availability (where the administration fee will be waived but fare difference will be applied, if any); or

(b) carry you to an alternative destination/route at a later date at your convenience subject to seat availability (where the administration fee will be waived but fare difference will be applied, if any); or;

(c) make a refund in accordance with the provisions in Article 4(5).

7. For flights to/from Chinese Mainland airports:

(a) We shall provide meals or lodging where the delay or cancellation of flights is due to maintenance, flight scheduling or other reasons caused by us.

(b) We will assist Passengers in arranging meals and lodging where the delay or cancellation of flights is due to weather, emergencies, air traffic control, security checks and other reasons beyond our control. The costs of such meals and lodging shall be borne by you.

(c) We will not provide financial compensation for any delay or cancellation of flights for any reason.

(d) We shall provide written proof of flight delays and cancellation if the Passenger so requests.

8. Overbooking Policy

(a) It is common industry practice for airlines, including us, to overbook flights in order to minimize the influence of no-shows and to enable seats to be used by passengers who otherwise would not be able to travel on their chosen flight. By careful monitoring and control, we endeavour to match the number of available seats to the number of passengers that we expect will show up on the flight.

(b) In addition, the occurrence of any force majeure events (e.g. act of God, war, adverse weather conditions, political or military acts, or any other events that are beyond our control) may also lead to overbooking of flights.

(c) Whilst we endeavour to make every effort to provide seats for passengers with confirmed reservations, no guarantee of seat on the aircraft is denoted by express reservations, bookings or status.

(d) If you have a confirmed reservation and your flight is overbooked, we will notify you at the airport and look for volunteers who are willing to take a later flight or cancel their journey. In case there are not enough volunteers, then we will decide which passengers can travel with us on your flight according to our boarding priority rules.

(e) We operate compensation schemes, in accordance with the applicable law and our compensation policy, which provide compensation to passengers with confirmed reservations who are involuntarily denied Carriage because of non-availability of seats.

(f) No compensation for overbooking will be provided: if a passenger has failed to comply with our ticketing and check-in time requirements; if the passenger did not comply with the terms of these Conditions of Carriage or tariff; if the flight is cancelled; if for operational or safety reasons we substitute an aircraft having lesser seating capacity than the aircraft originally scheduled; or if we are able to place the passenger on another flight that reaches the passenger’s final destination within two (2) hours of the planned arrival time of the original flight.

1. If we make arrangements for you with any third party to provide services other than flight-related services e.g. road, rail or sea transport, car rental or hotel accommodation or to issue ticketing or reservation documents (including baggage check-in) for those services, in doing so, we are acting only as your agent without further liability to you or others for the performance or availability of these services. In these cases, the terms and conditions of those third-party service providers will apply. We will not accept any responsibility or liability for the services provided by the third party and under no circumstance will we be responsible or liable for the acts or omissions or services of the third party.

2. We recommend that you purchase travel insurance. You can purchase insurance through our website. Where you do so, your contract will be with a travel insurance provider and not us and their terms and conditions will apply.

1. To ensure your safety, and the safety of others, you must comply with the following requirements while on board:

(a) keep your seatbelt fastened when seated;

(b) remain seated with your seatbelt securely fastened during turbulence or whenever the fasten seatbelt sign is switched on; and

(c) stay seated if directed to do so by a crew member.

2. You must behave appropriately at all times when you book flights with us, whilst in the airport and on board the aircraft. For example, you must not:

(a) contravene any applicable law (e.g. by being drunk, smoke or take drugs on board an aircraft);

(b) conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board;

(c) obstruct or interfere the crew in the performance of their duties;

(d) fail to comply with any instructions of the crew;

(e) use any threatening, abusive or insulting words or actions towards the crew or other passengers;

(f) behave in a disorderly, unpredictable, unsafe, discriminatory or aggressive manner or in a manner that may cause discomfort (e.g. filming or photographing the crew or other passengers) or in a manner to which the crew or other passengers may reasonably object;

(g) tamper or interfere with the aircraft or its equipment;

(h) fail to comply with the terms of any document signed by you where you have conducted yourself in a manner described in Articles 7(2) or 11(2) on a previous flight with us.

3. If, in our reasonable opinion, you have conducted yourself in a manner described in Articles 7(2) or 11(2) above, either in the airport or on board the aircraft or we consider you unfit to fly:

(a) we may refer you to the police and/or other authorities in which case you may be prosecuted for offences committed on board the aircraft; and either be fined or imprisoned;

(b) we may decide (in our reasonable discretion) to cancel your flight prior to take-off;

(c) we may divert the aircraft to offload you, in which case you must pay to us all costs and expenses we have incurred as a result of or arising out of that diversion;

(d) we may decide to cancel any return flight or other future flights you have with us, without refund; or

(e) we may take any other measures we deem necessary to prevent continuation of your inappropriate conduct, including restraining or offloading you from the aircraft or airport.

(f) In case of failure to comply with a request from the crew to refrain from operating or using any electronic device that could interfere with the flight (including but not limited to mobile phones, laptop computers or tablets, e-readers, recorders, radios, MP3 or DVD or CD players, electronic games, laser products, transmitting devices, remote controlled toys or other electronic equipment), or any electronic device that in the reasonable opinion of the crew was affecting he comfort of other passengers or the order or safety of the aircraft, we may retain the device until the end of the flight.

In all of the above circumstances, you shall not be refunded the price of your booking, and we shall not be liable for any costs incurred as a result of us refusing Carriage.

You will indemnify us for all costs and expenses (including the legal costs we incur in bringing any action against you) arising from your improper conduct at the airport and on board the aircraft including (but not limited to) any damage caused to the aircraft.

4. Only alcoholic drinks purchased on board may be consumed during your flight. We have the right, at any time for any reason, to refuse to serve you alcohol or to withdraw alcohol which has been served to you.

1. You will arrive at the airport by the time fixed by us or, if no time is fixed, early enough to complete departure procedures.

2. Air travel has some unique features which you must consider ensuring it is safe for you to fly. If you have a medical condition, you should consult our website and if appropriate your doctor before you make a booking before check-in and before boarding your Flight. Ait is your responsibility to pack any medical supplies you will need for your journey in your Carry On Baggage.

3. Where a public health emergency is declared by the World Health Organisation or a government, you are responsible for complying with any health documentation requirements, government quarantine restrictions or conditions (including length of stay) that apply to your travel. To the extent permitted by law, you agree to pay for any costs or expenses associated with complying with such policies, restrictions, and conditions, and you agree to pay us on demand for any costs or expenses that we incur on your behalf. If we provide assistance or guidance for any of the above aspects of your travel, this does not release you from your personal responsibility in respect of these matters.

4. You alone are responsible for making all necessary arrangements for your travel and ensuring that your travel documents are valid and that you hold all necessary visas, travel documents, medical certificates and any other documents as may be required by relevant authorities from time to time for entry into the countries concerned (including countries through which you transit under the Booking), and to ensure that you are allowed entry to the port of entry. If we provide assistance or information to you on such things as whether you need a visa or other travel document, health document or evidence of onward travel, or obtaining vaccinations or the dangers to your health and safety at your destination, this does not release you from your responsibility.

5. We reserve the right to refuse Carriage if you fail to comply with such requirements. Visa requirements for passengers holding HKSAR passports are listed on our travel documents page but may only be used as a reference and are subject to changes.

6. If for whatever reason the port of entry or transit deems your arrival to be suspicious or if you are refused entry to the port of entry or transit:

(a) we are not liable for any loss or expenses incurred by you.

(b) we shall bear no responsibility for the cost of repatriation regardless of the reason for refusal of entry, and you will be responsible for all costs associated with your return to your point of departure or boarding including repatriation costs and any fines imposed on us by the Government or regulatory authorities.

(c) we will not provide you with a refund for your Ticket and may offset any unused sectors on your Booking (as applicable) against any fines, penalties, losses, expenses or damage incurred by the airline as a result of the refusal of entry.

(d) you must reimburse us for any fines, penalties, losses, expenses, or damage which we incur as a result of the refusal of entry.

1. These Conditions of Carriage and applicable law, including the Conventions (where applicable), govern our liability to you as follows: (a) where we are a Successive Carrier, we are not liable for those parts of the journey performed by other Carrier(s); (b) where we are the actual carrier, we are liable for an accident which causes injury or death that occurs on board the aircraft, or in the process of embarking or disembarking; (c) where we are the contracting carrier but do not perform any part of the operations of carriage, we are liable for an accident which causes injury or death that occurs during any part of the transportation, while on board the aircraft, or in the process of embarking or disembarking.

2. Applicable law may include the Conventions for international carriage and/or laws which apply in individual countries to which we operate.

3. Where we issue a Ticket for carriage by another Carrier, or we check-in your Baggage for carriage by another Carrier, we do so only as agent for that Carrier.

4. To the extent not in conflict with the Conventions or the jurisdiction in which the contract was made, these Conditions of Carriage and all services provided by us to you shall be governed by the laws of Hong Kong.

5. OUR LIABILITY FOR DEATH OR INJURY TO YOU

Under the Conventions, our liability for proven damages sustained by you in the event of death, wounding or any other bodily injury caused by an accident during carriage provided by us is subject to the following terms:

(a) Unless required by law, we will not compensate you for mental injury.

(b) For any recoverable Damage up to and including the sum of the equivalent of:

(i) the prevailing SDR amount stipulated in Article 21 (1) of the Montreal Convention as reviewed every five years by ICAO, which is currently 128,821 SDRs, with respect to claims to which the Montreal Convention applies; and

(ii) 100,000 SDRs in all other instances

we shall not exclude or limit our liability nor rely upon any defence against recoverable compensatory Damage, based upon proof that we and our agents (i) have taken all necessary measures to avoid the damage, or (ii) that it was impossible for such measures to have been taken.

(c) However, our liability to you or those legally entitled to seek compensation for Damage up to the amounts as set out above may be reduced or excluded under applicable law if your negligence or wrongful act or omission caused or contributed to the Damage.

(d) Any claims for Damage that exceed 128,821 SDRs or the prevailing rate under the Montreal Convention or 100,000 SDRs in all other instances will be reduced either partially or wholly if we prove that the Damage: (a) was not due to the negligence or other wrongful act or omission of us or our agents; or (b) was solely due to the negligence or other wrongful act or omission of a third party.

(e) We are not responsible for any illness, injury or disability, including death, attributable to your age, mental or physical condition or for the aggravation of such condition.

6. OUR LIABILITY FOR DAMAGE TO YOUR BAGGAGE

(a) We are not liable for Damage to Carry On Baggage (other than Damage caused by delay which is covered below) unless the Damage was caused by our negligence or the negligence of our agents.

(b) We will not be liable for Damage to Baggage resulting from the inherent defect, quality, or vice of the Baggage. Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigours of transportation by air.

(c) With respect to claims to which the Warsaw Convention applies, our liability in the case of Damage shall be limited to: (a) 17 SDRs per kilogram for Checked Baggage and Gate Baggage; and (b) 332 SDRs per Passenger for Carry On Baggage, or any higher sum agreed to by us at the time of booking and where you have paid a supplementary sum.

(d) With respect to claims to which the Montreal Convention applies, our liability for Damage to Carry On Baggage, Gate Baggage and Checked Baggage, including Damage caused by delay is limited to the prevailing SDR amount in Article 22 (2) of the Montreal Convention as reviewed by ICAO every 5 years and which is currently 1,288 SDRs per Passenger or any higher sum agreed to by us at the time of booking and where you have paid a supplementary sum.

(e) Where either Convention applies, the limits of liability mentioned in Articles 13.6 (c) and (d) will not apply if you are able to prove that the Damage resulted from an act or omission by us or our agents carried out either: (i) with the intention of causing Damage; or (ii) recklessly and with actual knowledge that Damage would probably result and you prove that our employees or agents responsible for the act or omission were acting within the scope of their employment.

(f) The limit of liability for Damage to Carry On Baggage, Gate Baggage and Checked Baggage established by local law applies to your Baggage where local law applies to your journey instead of one or other of the Conventions.

(g) If neither Convention applies and no limit of liability is established by applicable local law then the limits of our liability to you for Damage to Carry On Baggage, Gate Baggage and Checked Baggage set out in Article 13.6 (d) shall apply.

(h) You may wish to make a special declaration of value or buy yourself additional insurance to cover instances where the actual value or replacement cost of your Checked Baggage, Gate Baggage or Carry On Baggage exceeds our liability.

(i) If the weight of the Baggage is not recorded when you check it in, it is presumed that the total weight of the Checked Baggage and any Gate Baggage does not exceed the applicable baggage allowance for your Ticket.

(j) If you complete a special declaration of higher value at check-in and pay the applicable fee, our liability shall be limited to the higher declared value.

(k) We are not liable for Damage to Baggage caused by delay if we prove that we and our agents took all measures that could reasonably be required to avoid the Damage or that it was impossible for us or our agents to take such measures.

(l) We are not liable for injury to you or for Damage to your Baggage caused by property contained in your Baggage or anyone else’s luggage. You are responsible for any Damage caused by your Baggage to other people and their property, and you shall indemnify us for all losses and expenses incurred by us as a result.

(m) Except for Checked Baggage, Gate Baggage or Carry On Baggage carried in the course of international carriage as defined by the Conventions, we are not liable in any way whatsoever for Damage to articles which you include in your Baggage which you are prohibited from including in your Baggage deemed unacceptable for carriage.

(n) Unless we have made specific arrangements with another Carrier, we are not liable in any way whatsoever for Damage to your Baggage caused by your failure to adhere to these Conditions of Carriage and our policies including your failure to take responsibility for clearing, checking-in and re-tagging Baggage for carriage on another flight with a Carrier.

(o) We are not liable for Damage to Baggage to the extent that we prove that the Damage was caused by your negligence or other wrongful act or omission.

7. OUR LIABILITY FOR DAMAGE CAUSED BY DELAY TO YOUR TRAVEL

(a) Our liability for Damage caused by delay in your carriage by air is limited by the Conventions and/or applicable local law. The prevailing limit of liability under the Montreal Convention is currently 5,346 SDRs per passenger.

(b) Unless otherwise required by applicable local law in any event, we are not liable for damage to passengers caused by delay if we prove that we and our agents took all measures that could reasonably be required to avoid the damage or that it was impossible for us or them to take such measures.

8. PUBLIC HEALTH AND MEDICAL EMERGENCIES

(a) If a public health emergency is announced by any government or the World Health Organisation or a medical emergency occurs, we may have to:

(i) cancel, divert or delay any flight;

(ii) screen Passengers;

(iii) require valid evidence of vaccinations or inoculations (including against COVID-19) and/or negative test results (including against COVID-19);

(iv) require health documentation to be presented;

(v) offload or refuse to carry you and your Baggage if you do not provide valid health documentation (including evidence of any vaccination);

(vi) isolate you or other Passenger(s) on board the aircraft and limit the in-flight services;

(vii) notify appropriate authorities such as the police, health authorities or airport security; or

(viii) perform any other action necessary to provide a safe environment for you, other Passengers, and staff.

(b) If we do take such action then to the extent permitted by law, we have no liability to you.

9. GENERAL PROVISIONS

(a) We shall be liable only for Damage occurring during transportation ticketed under our own Airline Designator Code or operated by us. If we issue a Ticket or if we check Baggage for transportation under another Carrier’s Airline Designator Code, we do so only as Agents for that Carrier. You may however have a right of action for Damage to your Checked Baggage against either the first or last Carrier, liability for which will be determined by those Carriers’ own terms and conditions.

(b) We are not liable for any damage arising from our compliance with any laws or government regulations, orders or requirements, or from your failure to comply with the same.

(c) Except where these Conditions of Carriage state differently, our liability shall be limited to proven compensatory damages, and in any event, we shall not be liable for (i) any loss of profits, revenue, contracts, sales, anticipated savings, goodwill, and reputation; and (ii) indirect, consequential losses, or (iii) any form of non-compensatory damages, including punitive or exemplary damages.

(d) Any exclusion or limitation of our liability shall apply to and be for the benefit of our agents, employees and representatives and any person whose aircraft is used by us and such person's agents, employees and representatives. As a result, the total amount recoverable from us and from such agents, employees, representatives and persons shall not exceed the amount of our overall limit of liability.

(e) Unless we state otherwise, nothing in these Conditions of Carriage gives up any exclusion or limitation of liability to which we are entitled under the applicable law which may apply. With respect to third parties, we reserve our legal rights to recover against any other persons.

(f) No Class Action – Any action brought pursuant to or arising from these Conditions of Carriage, Conditions of Contract, Ticket, Tariffs, or transportation provided or to be provided by us must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceedings.

1. As travel involves many risks, and our liability to you is limited and may not cover all losses you incur if things go wrong, we recommend that you purchase travel insurance, which can cover things like:

(a) changes in travel plans and travel cancellations;

(b) medical and hospital expenses;

(c) delayed, damaged or lost Baggage and other items;

(d) missed flight connections and additional expenses; or

(e) injuries and death.

2. You can purchase insurance through our website. Where you do so, your contract will be with a travel insurance provider and not us and their terms and conditions will apply.

1. Time Limit for Baggage

If you wish to claim compensation from us for Damage to Checked Baggage or Gate Baggage, you must notify us in writing as follows:

(a) If the Damage is physical in nature, within seven (7) days of receipt of your Checked Baggage or Gate Baggage;

(b) If the Damage consists of complete loss of your Checked Baggage or Gate Baggage, within twenty-one (21) days from the date on which the Baggage ought to arrive;

(c) If the Damage consists of delay to your Checked Baggage or Gate Baggage, within twenty-one (21) days from the date on which the Baggage was placed at your disposal.

2. Except in the case of fraud on our part or under any applicable local law, if you do not notify us in writing within the applicable time frame above then we reserve the right to deny you compensation.

3. Time Limit for All Actions

Any right you may have for compensation shall be extinguished if court proceedings are not brought within two (2) years from the date of your arrival at the destination airport, or the date on which the aircraft ought to have arrived, or the date on which the Carriage stopped.

If your claim is not resolved and you do not commence court proceedings in that time then we have the right to deny you compensation.

1. You authorise us to use your personal data for the following purposes: to make a reservation, to issue a Ticket, to provide Carriage and other related services, to comply with immigration and entry requirements and to comply with requests from government agencies, and any other purposes as stipulated in the HK Express Customer Privacy Policy (https://www.hkexpress.com/en-hk/need-help/privacy-policy/).

2. You authorise us to retain such data for as long as is necessary for the processing purposes(s) for which it was collected and to transmit this information to our own offices across our network, other Carriers, government agencies and regulatory authorities, and to any other provider of services solely for the purposes just mentioned.

1. Besides these Conditions of Carriage and Tariffs, your Ticket also contains certain other Conditions of Contract that are printed on your Itinerary Receipt.

2. These Conditions of Contract incorporate these Conditions of Carriage and other notices into your Ticket and are available from our website or from our Authorised Agents upon request.

Our website contains information on our policies concerning such things as our requirements for the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices on board the aircraft, forbidden items in Baggage, and the on-board consumption of alcoholic beverages.

3. These Conditions of Carriage and Tariffs are written in English and may be translated into other languages. In the event of any inconsistency between the English version and a translated version, the English version shall prevail.