Last updated: 14 Oct 2024
TERMS & CONDITIONS
By using the Services, you agree you have read and understood the terms in these Terms and Conditions which are applicable to you. These Terms and Conditions constitute a legally binding agreement between you and Plaza Premium Group. These Terms and Conditions apply to your use of the Services provided by Plaza Premium Group. If you do not agree to these Terms and Conditions, please do not use or continue using the Services.
Plaza Premium Group reserves the right to change these Terms and Conditions at any time and from time to time without notice. The new version of these Terms and Conditions will be posted on the Website and will take effect upon posting. Your continued use of the Services after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments. For the purposes of these Terms and Conditions any reference to "we", "us" and "our" refers to Plaza Premium Group.
(A) TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
1.1 These are the Terms and Conditions on which we, Plaza Premium Group supply the Services to you.
1.2 Please read these Terms and Conditions carefully, along with the Terms and Conditions available on the booking review page, before you submit your Order to us. These Terms and Conditions explain you how we will provide the Services to you, how you and we may change or terminate the contract, what to do if there is a problem, and other important information. In the event of any consistencies between these Terms and Conditions and any other terms that may be contained on the Website, the terms of these Terms and Conditions shall prevail unless otherwise specified.
2. OUR CONTRACT WITH YOU
2.1 When an Order is submitted to us, the Order constitutes an offer by you to purchase Services in accordance with these Terms and Conditions.
2.2 You acknowledge that our Services are subject to availability. We will endeavour to provide you with the Services, however, for whatever reason, if we are unable to accept your submitted Order, we will inform you of this in writing and:
2.2.1 where you have not made any payment for the Services, we will not charge you for the Services; or
2.2.2 where you have made payment for the Services, we will provide a refund to you.
2.3 Our acceptance of your Order will take place when we inform you by email or such other form of communication at our discretion that we are able to provide you with the Services, at which point and on which date a Contract shall come into existence between you and us.
2.4 Any quotation given by us shall not constitute an offer.
2.5 Any samples, drawings, descriptive matter or advertising issued by Plaza Premium Group, and any descriptions or illustrations contained in its catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.6 These Terms and Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.7 Information required in the Order
2.7.1 We will need certain information from you so that we can provide the Services to you. For example, you will need to provide your name, contact details, flight details, passport information and other relevant information when submitting an Order. If you have not provided the information we marked as mandatory in the Order, we will contact you in writing to ask for such information. If you do not, within a reasonable time of us asking for it, provide us with this information, we may reject your Order and we will not be liable to provide any Services to you.
2.7.2 We may also require certain information from persons other than you so that we can provide the Services to you. For example, you will need to provide name(s) and contact detail(s) and other relevant information of your other guests and the person picking you up at the airport (if any). By providing such information, you represent and warrant that you have notified and obtained necessary consents from them to send us such information for the purposes of these Terms and Conditions.
2.7.3 We shall not be liable for not providing any part of the Services, if the reason for our failure to provide our Services is any of the following:
- You failed to give us the information we need within a reasonable time of us asking for it; or
- The information you provide us with is not complete or accurate or where you have failed to obtain the consent of any third party information as specified in clause 2.7.2 above.
2.8 Orders from Partners
2.8.1 Orders or bookings placed by Partners on your behalf will be subject to these Terms and Conditions as far as it is applicable to you as a Customer save that you shall be responsible for the arrangements made between you and a Partner and Plaza Premium Group will not be responsible or liable to you for such arrangements.
3. PAYMENT OBLIGATIONS
3.1 In consideration for our provision of the Services, you shall pay us the Fees and any applicable taxes in full upon submission of your Order.
3.2 Customers shall make payment for the Services when booking via any one of the payment methods specified on the Website subject to any instructions which we may require or imposed by the payment service provider or issuing bank.
3.3 Unless otherwise specified by us, no discount is permitted.
3.4 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding. We will not provide the Services to you if we do not receive payment of such amounts in full from you within the prescribed timeline.
3.5 A Transaction Fee could be imposed on your total transaction amount by the payment service provider or the issuing bank. You shall be solely liable to pay the Transaction Fee. We are not responsible for any liabilities arising from non-payment of Transaction Fee.
4. DATA PROTECTION AND SECURITY
4.1 Your privacy is very important to us, and we are committed to protecting your personal data. Your personal data will be collected, used, disclosed and otherwise processed in accordance with our Privacy Policy. The Privacy Policy applies to all of our Services and its terms are made part of these Terms and Conditions by this reference. Please read our Privacy Policy before submitting an Order to us.
5. SERVICES OFFERED OR PROVIDED BY THIRD PARTIES
5.1 You may enter into contract with third parties for Third Party Services through the Website. Such agreement is strictly between you and the applicable third party and we shall have no liability or obligation for any such agreement. Prior to your use of the Third Party Services, you acknowledge that you may be required to abide and comply to their terms and conditions and privacy policies, and we disclaim any liability arising from such agreements between you and the applicable third party. We are not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
5.2 We may include links to other third parties’ websites which are not under our control and we are not liable for any errors, omissions, defamation, libel, slander or inaccuracy in the content, or the consequences of accessing, any third parties’ website. You agree that your access to or use of such third parties’ websites is entirely at your own risk.
6. EXCLUSION OF LIABILITY
6.1 We shall not be liable for our failure to provide part or all of our Services, and no refunds will be issued for our Services under the following circumstances, unless otherwise specified by us to you:
- For arrivals guest service: if, due to no fault of our own, you do not respond to our welcome placard after all of the passengers within the same flight have disembarked;
- For departures guest service: if you fail to appear at the agreed-upon meeting point 30 mins after the scheduled Service time.
- If our performance of the Services is affected and/or hindered by an event beyond our control, including but not limited to any terms, restrictions or controls by authorities. In such cases, we will notify you as soon as possible and take steps to minimise the impact of the delay.
7. LIMITATION OF LIABILITY
7.1 Notwithstanding any limitation or exclusions of liability as stated in these Terms and Conditions, we do not exclude or limit in any way our liability to you in the event of the following:
- Liability for death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);
- Fraud or fraudulent misrepresentation;
- Deliberate or wilful act of misconduct; or
- Any other liabilities which cannot be limited or excluded under applicable law.
7.2 Subject to clause 7.1:
- we shall not be liable to you for any indirect or consequential loss not in the contemplation of the Parties arising under or in connection with these Terms and Conditions; and
- our total aggregate liability to you arising under or in connection with these Terms and Conditions shall not exceed the Fees paid by you in respect of the Services.
8. INDEMNITY
8.1 You shall defend, continually release, discharge, indemnify, and hold us, our Affiliates and the respective directors, officers, employees, agents, subcontractors, third-party service providers harmless from and against any and all claims, suits, demands, actions, liabilities, losses, damages, judgments or fines, or damage to any property (including, but not limited to, attorney fees, court costs and expert fees reasonably incurred) or any loss or damage sustained and/or any costs and expenses incurred in connection with your use of our Services.
9. TERMINATION OF CONTRACT
9.1 You may terminate your Contract with us immediately, if any of the following events occur:
- you would like to cancel your Order and terminate your Contract with us for convenience; or
- we notify you of a substantial delay in the performance of our Services.
9.2 Notwithstanding the above, cancellation and/or refunds for any Order is not allowed for certain non-cancellable or non-refundable Rate Plans, subject to the relevant terms and conditions of such Rate Plans and at our absolute discretion. For any other cancellation and/or refund for any Order, such requests shall be considered at our absolute discretion.
9.3 Without prejudice to any of our other rights as stated elsewhere in these Terms and Conditions, we may terminate part or all of your Contract immediately whenever we deem it necessary and expedient.
10. ASSIGNMENT
10.1 Subject to us posting a notice of the change of the relevant terms and conditions on our Website, we may at any time transfer or assign our rights and duties under these Terms and Conditions to any third party we deem fit. Once assigned, your relationship would be with our assignee and not with us.
11. NO WAIVER
11.1 Any failure by us to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision.
12. FORCE MAJEURE
12.1 We shall not be liable or responsible for any loss or damages caused to you due to our non-performance of any obligations hereunder which is rendered impossible or caused by a Force Majeure Event.
13. SEVERABILITY
13.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
14.2 In the event of any dispute, controversy, difference or claim arising out of or relating to these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, the Parties shall first attempt to resolve and settle the matter by mutual consultation in good faith. If such matter may not be resolved, it shall be referred to and finally resolved by the courts of Hong Kong.
15.1 All non-English versions of these Terms and Conditions are translations of the original version in English for informational purposes only. In the event of conflict between the English version and the non-English versions, the English version shall prevail.
16. DEFINITIONS AND INTERPRETATIONS
16.1 Unless otherwise defined in these Terms and Conditions, capitalised terms have the following meanings:
“Additional Terms for Services” means the additional terms and conditions relating to certain specific Services as specified in Section B - Additional Terms for Services;
“Aerotel” refers to the group of airport transit hotels owned, managed and/or operated by any company of Plaza Premium Group under the brand “Aerotel” or other associated brands of Plaza Premium Group;
“Affiliate” or “Affiliates” means (a) in relation to a company, any subsidiary of that company, any holding company of that company, any other subsidiary of any such holding company and any company over which that company or any such holding company has Control; and (b) in relation to an individual, any company over which that individual has Control and any subsidiary of that company, any holding company of that company, any other subsidiary of any such holding company and any company over which that company or any such holding company has Control at the date of these Terms and Conditions;
“Airport Authority” shall mean the respective airport authority which is in charge of an airport in a Location;
“Airside Lounge or Aerotel” means the Lounge or Aerotel located in the restricted area of an airport in a Location and are only accessible to passengers who have checked in, cleared customs and passport control;
“Business Day” means any day excluding Saturdays, Sundays or public or bank holidays in the Territory;
“Contract” means the contract between you and us for the supply of Services in accordance with these Terms and Conditions;
“Control” of a person means the power or authority, whether exercised or not, to direct the business, management and policies of such person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise, which power or authority shall conclusively be presumed to exist upon possession of beneficial ownership or power to direct the vote of more than 30% of the votes entitled to be cast at meetings of the members or shareholders of such person or power to control the composition of a majority of the board of directors of such person; the terms “Controlling” and “Controlled” shall be construed accordingly;
“Customer” means any person who uses the Services herein and shall include a passenger in a Location and referred to as “you” under these Terms and Conditions;
“Fees” means the charges payable by a Customer to Plaza Premium Group for the Services as stated in an Order;
“Force Majeure Event” means without limitation any unforeseeable event caused by a strike, fire, flood, earthquakes, governmental acts or orders or restrictions, which is beyond the reasonable control of a party;
“Hotel Facilities” refers to the availability of hotel rooms, accommodations or private resting areas provided by us, including those owned and managed by third party, in airside/landside area of an airport Location;
“Landside Lounge or Aerotel” means the lounge or Aerotel that located in the non-restricted area of an airport in a Location where the general public can access, unless there is a restriction that only passengers with flight tickets can enter the said airport for check in purposes;
"Location” means a location where the Services are offered to Customers and includes an airport, railway station or such location where a Lounge is located;
“Lounge” means a lounge operated or managed by Plaza Premium Group at a Location and includes Airside Lounge, Landside Lounge and Railway Lounge or a lounge owned and managed by third party;
"Lounge Facilities" means the facilities provided in a Lounge (facilities in different locations may vary), including but not limited to the below facilities subject to change from time to time by Plaza Premium Group and/or Third Party Lounge Provider:
(a) hot showers facilities including amenities;
(b) food and beverages;
(c) use of computers to access Internet;
(d) DVD / VCD movie viewing;
(e) selection of local/International magazines and newspapers;
(f) power and Internet connection for travellers' with laptop computers;
(g) mobile/laptop battery recharging facilities;
(h) telephone for local calls;
(i) flight information; and/or
(j) baggage storage; and/or
(k) private resting area/room/cabin/pod.
“Order” means a Customer’s booking order for the Services to Plaza Premium Group as set out in its authorised order or booking form or such other booking method as determined by us from time to time;
“Partner” means the company or entity appointed or accepted by Plaza Premium Group as its partner under its partner program and who places an Order on behalf of a Customer;
“Plaza Premium Group” means Plaza Premium Lounge Management Limited and/or any of its Affiliates and shall include its authorised personnel or representative;
“Rate Plans” means any promotional or marketing plans or packages which may be offered by us from time to time for the Services;
"Services" means the services which are stated on any one of the Website supplied by us to you in a Location which may be revised, updated, varied, modified or amended by us from time to time at our sole discretion;
“Territory” means the jurisdiction in which we provide the Services to you;
“Terms and Conditions” means these terms and conditions, along with the terms and conditions available on the booking review page that applicable to any Customer;
“Third Party Services” means the goods and/or services offered by third parties as specified on the Website;
“Third Party Service Provider" means any entity or individual that supplies or provides the Third Party Service as described on the Website, and operates independently of the Company.
“Website” refers to online portal(s)/website(s) as may be adopted by Plaza Premium Group to provide the Services, including but not limited to the following subject to change from time to time:
(a) www.plazapremiumlounge.com;
(b) www.myaerotel.com;
(c) www.allwaysvip.com;
(d) www.airport-dining.com;
(e) www.plazapremiumfirst.com;
(f) www.intervalsbar.com;
(g) all associated websites, including microsites, of Plaza Premium Group relating to a Location.
16.2 In these Terms and Conditions, terms defined in the singular have the corresponding plural meaning when used in the plural and vice versa.
16.3 In these Terms and Conditions, the word “including” (or “include” or “includes”) means “including without limitation” and will not be considered to set forth an exhaustive list.
16.4 No approval, consent, acceptance, determination, or decision will be unreasonably withheld, conditioned, or delayed, unless these Terms and Conditions provides that the same is subject to the discretion of a Party, in which case it is subject to the sole and absolute discretion of that Party.
16.5 Whenever these Terms and Conditions require or provide for any notice, approval, consent, acceptance, determination, decision, waiver, information, or the like, the same and any request therefor must be in writing (unless otherwise waived in writing by the other Party).
16.6 Unless specified otherwise, a reference in these Terms and Conditions to a law, including any applicable law, is considered to be a reference to (a) such law as it may be amended, modified, or supplemented from time to time, (b) all regulations and rules pertaining to or promulgated pursuant to such law, (c) the successor to the law resulting from recodification or similar reorganising of laws, and (d) all future laws pertaining to the same or similar subject matter.
17. In the event of inconsistency between Section (A) Terms and Conditions and Section (B) Additional Terms for Services, the terms and conditions under the Section (B) Additional Terms for Services shall prevail.
(B) ADDITIONAL TERMS FOR SERVICES
1. AIRPORT PASSENGER SERVICES
1.1. MEET AND ASSIST SERVICES
1.1.1 We shall provide our Services for the time period specified below, commencing from the scheduled Service time (“Service Hours”) save that such Service Hours may be subject to change by us from time to time at our absolute discretion:
- Departure flights: 3 hours; or
- Arrival flights: 2 hours; or
- Transit flights: 4 hours; or
- Any other timeframe as may be notified to you on an individual basis, depending on the specific service packages you purchased from us.
1.1.2 An Order must be placed at least 48 hours prior to the scheduled Service time (or such other period to be determined by us at our absolute discretion). However, if an Order is submitted to us with less than 48 hours’ notice prior to the scheduled Service time (or such other period as may be determined by us at our absolute discretion), you acknowledge and agree that we may, at our sole discretion, impose additional Fees in accordance with sub-clause 1.1.3. Any such additional Fees shall be communicated to you in our written acceptance of your Order.
1.1.3 You further acknowledge and agree that we may, in addition to the Fees which you have already paid, charge you:
- a sum equivalent to 50% of the Fees already paid by you, if our Service Hours are extended due no fault of our own or circumstances beyond our control, including but not limited to situations where you have lost your baggage or encountered delays at immigration or customs clearance; and/or
- an additional Fee, at our sole discretion, for each additional guest aged 2 years or above to whom the Services are provided to, where the actual number of guests exceeds the number of guests specified in your Order. For the avoidance of doubt, we reserve the right to determine whether to provide the Services to such additional guests, subject to availability
and you shall pay any and all additional sums due under this clause immediately upon the occurrence of the relevant events.
1.2. Cancellation Policy
1.2.1 You may be entitled to a full refund of the Fees paid by you if you provide us with at least 48 hours’ written notice (or such other notice period as may be determined and communicated by us to you at the time of booking) prior to our scheduled Services time to cancel or amend your confirmed Order.
1.2.2 You will not be entitled to a refund of the Fees paid by you if any of the following conditions apply:
- you provide us with less than 48 hours’ written notice (or such other notice period as may be determined and communicated by us to you at the time of booking) prior to our scheduled meeting time to cancel or amend your confirmed Order; or
- your situation falls under Part A clause 6 of these Terms and Conditions (e.g. no-shows); or
- you have booked a non-refundable Service(s).
1.2.3 In the event that you wish to cancel or amend your confirmed Order, you shall pay us the following additional amounts as cancellation / amendment fees:
|
Time |
Cancellation / Amendment Fee |
|
More than 48 hours before commencement of service |
No Charge |
|
24-48 hours before commencement of Service |
50% of the Fees paid |
|
Less than 24 hours before commencement of Service |
1.2.4 For avoidance of doubt, cancellation, amendments and/or refunds are not available to Rate Plans that are non-cancellable or non-refundable.
1.3 Third Party Services
1.3.1 The use of any Third Party Services is subject to the terms and conditions set forth by the respective Third Party Service Provider. The Company assumes no responsibility or liability for any issues, losses or damages arising from the use of such Third Party Services. You are advised to review and comply with the Third Party Service Provider’s terms and conditions independently.
1.3.2 Notwithstanding the provision of clause 2.2.3 above, all cancellation, amendments and/or refunds are subject to the cancellation policies outlined by the respective Third Party Service Provider. The Company shall not be responsible for any cancellations, refunds or penalties imposed by the Third Party Service Provider. You are advised to refer directly to the respective Third Party Service Provider’s cancellation terms and conditions for further details.
1.3.3 The Company makes no representations or warranties regarding the availability, quality, or performance of Third Party Services. You acknowledge that any interactions or transactions with Third Party Service Providers are solely between you and the Third Party Service Provider, and the Company shall not be a party to any such transactions.
1.4 ADDITIONAL SERVICES FOR AIRPORT PASSENGER SERVICES
For additional services offered by ALLWAYS, including but not limited to airport passenger services in respective Location or Services provided by Third Party Service Provider (excluding meet and assist services), the relevant terms and conditions will be made available upon selection of the specific Services on the Website and/or refer to the Third Party Service Provider website. You are advised to carefully review the applicable terms and conditions at the time of booking to ensure full understanding and acceptance.