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 and Exchange Rates: All quotations are based on Hong Kong Dollars (HKD). As the Company acts solely as an agent for collecting and remitting overseas payments, any exchange rate fluctuations, cross-border wire transfer fees, and third-party credit card surcharges arising from settlement, cancellation, or amendment shall be borne entirely by the client on a reimbursement basis. The administrative fee for such financial and exchange rate differences is capped at HK$500 per person.
- Deposit Payment: A non-refundable deposit of 30%-50% of the total tour fare is required upon confirmation to secure the reservation. For standard itineraries, the remaining balance must be paid in full at least 60 days prior to departure.
- Specific Payment Schedule for Special Products: Given the extreme scarcity of resources and strict supplier terms for high-end Liveaboards and Wildlife Safaris, a non-refundable deposit of 30% to 50% is required immediately upon confirmation. The remaining balance must be settled in full at least one hundred (100) calendar days prior to departure. Failure to pay the balance within the stipulated timeframe grants the Company the right to unilaterally cancel the reservation, and all deposits paid will be forfeited to compensate for supplier costs.
- Absolute Non-Refundable Sunk Costs: All non-refundable fees remitted to specific suppliers (including but not limited to: National Park Permits, charter flight deposits, and Liveaboard space reservation fees) are strictly non-refundable upon payment in the event of a client's voluntary cancellation or amendment, except as governed by the statutory refund mechanisms of the Travel Industry Authority (TIA) of Hong Kong concerning "Reasons of Outbound Travel Constraints (Force Majeure)."
3. Voluntary Cancellations, Amendments, and Handling Fees
- The Company strictly complies with the Directives for Licensees issued by the Hong Kong Travel Industry Authority (TIA). Any voluntary cancellation or amendment initiated unilaterally by the client must be notified in writing. The refund mechanism is as follows:
- A. Standard Itinerary
Cancellation Fees: Cancellations will be subject to the following deduction tiers (based on the total tour fare). This deduction percentage is inclusive of overseas supplier cancellation charges and the Company's administrative handling fees; no additional fees will be stacked:
- 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:
As these products involve indivisible shared group costs, cancellations are subject to the following specific deduction tiers. If the actual penalties forfeited by overseas suppliers exceed the percentages below, the Company shall deduct based on the supplier's actual loss amount under the reimbursement principle:
100 days or more prior to departure: Deduction of the 30%-50% initial deposit.
60 to 99 days prior to departure: Deduction of 60% of the total tour fare.
30 to 59 days prior to departure: Deduction of 80% of the total tour fare.
Within 30 days prior to departure: Deduction of 100% of the total tour fare. (No amendments or refunds are accepted during peak seasons).
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B. Strict Restrictions on Itinerary Changes, Rescheduling, and Name Changes
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Supplier Actual Penalties (Reimbursement Basis): Given that most travel products implement strict real-name policies, any request for name changes, rescheduling, or itinerary alterations will first be verified with the relevant overseas suppliers. If the supplier treats the amendment as a "cancellation and rebooking," all resulting actual penalties, fare differences, and processing fees shall be borne entirely by the client.
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Company's Advanced Administrative Handling Fee: Complying with outbound regulatory requirements involves complex statutory and operational procedures for any changes. In addition to the aforementioned supplier penalties, for any amendments not resulting from the Company's fault (including but not limited to rescheduling or passenger name changes), the Company will levy an additional administrative handling fee of HK$2,000 per passenger involved in the amendment.
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Right of Refusal: Within 45 days prior to departure or during peak seasons, the Company and overseas suppliers reserve the absolute right to reject any requests for name changes or rescheduling. Such scenarios will be treated as voluntary cancellations by the client and subject to the cancellation deduction tiers outlined above.
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- C. Statutory Refund Timeframe:
If the Company proactively cancels an outbound package tour due to "Reasons of Outbound Travel Constraints (Force Majeure)," the Company will strictly comply with TIA directives to arrange the refund process within seven (7) working days after submitting the overseas supplier deduction proof to the TIA. For refunds arising from clients' voluntary cancellations, the Company will process them within a reasonable timeframe upon completion of financial reconciliation with suppliers.
- D. 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.