THE CORPORATE TRAVEL SOLUTIONS PROGRAM
TERMS AND CONDITIONS OF USE
BY USING THIS SITE YOU AGREE TO THESE TERMS AND CONDITIONS OF USE. PLEASE READ THEM CAREFULLY.
a. Acceptance of these terms. Use of this site will constitute your agreement to the terms and conditions (hereafter "terms") contained in this document. Please check this document periodically for changes. Cathay Pacific Airways Limited ("Cathay Pacific") reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time, and your continued use of this site after any such changes shall constitute your consent to such changes. If you are dissatisfied with any portion of this site or with any or all the terms, your sole and exclusive remedy is to discontinue your status as a Participating Company or Individual Member and/or cease using this site.
b. Nature of information on this site. The information on this site has been prepared specifically for the purpose of providing information to Participating Companies and Individual Members of the Corporate Travel Solutions program (the "Program") about Cathay Pacific, its services, and the services of other airlines, hotels, car rental companies, and travel service providers (hereafter "providers"); it is subject to change without notice or liability. Cathay Pacific has endeavored to ensure that it is accurate but neither warrants nor makes any representations regarding its accuracy or completeness. Among other things, fare listings are for general information only and do not reflect current seat availability.
d. Links to third-party sites. Use of hyperlinks to other Internet sites or resources are at your own risk. The contents, accuracy, opinions expressed, and other links provided at those sites are not investigated, verified, monitored, or endorsed by Cathay Pacific. Cathay Pacific disclaims any responsibility for the accuracy, contents, security, or availability or omission of information found on those sites, and you should inquire and investigate these matters before proceeding with any online or offline access or transaction with the providers of those sites.
e. Links from third-party sites. As explained in section 1(g) below, no user or Internet site is permitted to "frame" or embed in frames any material from this site, "mirror" material from this site on a server other than that operated by Cathay Pacific, or use any other technique that alters the visual presentation or appearance of this site to users.
f. NO WARRANTIES; LIMITATION OF LIABILITY. THE INFORMATION ON THIS SITE IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OR REPRESENTATION BY CATHAY PACIFIC OR OTHER PROVIDERS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT. CATHAY PACIFIC AND OTHER PROVIDERS ALSO DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED (AS FURTHER DISCUSSED IN SECTION 4(O) BELOW) AND ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, AND TIMELINESS OF ANY INFORMATION ON THIS SITE. BY ACCESSING THIS SITE YOU AGREE THAT CATHAY PACIFIC, OTHER PROVIDERS, AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM OR DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR CONNECTED WITH: (1) THE USE OF THE INFORMATION ON THIS SITE; (2) THE CIRCUMSTANCES DESCRIBED IN SECTION 4(O) BELOW; (3) YOUR ACCESS OF OTHER MATERIAL ON THE INTERNET VIA LINKS FROM THIS SITE; (4) REGISTRATION IN, RECEIVING E-MAIL MESSAGES FROM, OR PARTICIPATING IN THE Corporate Travel Solutions PROGRAM; OR (5) THE PERFORMANCE OR NON-PERFORMANCE OF CATHAY PACIFIC OR A PROVIDER, EVEN IF CATHAY PACIFIC OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OTHER LIMITATIONS DESCRIBED IN THIS DOCUMENT APPLY TO BOOKINGS AND RESERVATIONS MADE THROUGH THIS SITE.
The above exclusions and limitations apply only to the extent permitted by law.
g. Intellectual property. Cathay Pacific and other providers own and have copyright interests in this site and all of its contents. Any person may copy any part of this material, subject to the following conditions: (1) the material may be used only for personal, non-commercial use; (2) the copies or derivative works must retain any copyright or other intellectual property notices contained in the original material; and (3) the products, technology or processes used or described on this site may be the subject of other intellectual property rights reserved by Cathay Pacific or others, and no license is granted in respect of those intellectual property rights. Material provided on this site may not be reproduced, displayed, published, distributed, disseminated, broadcast or circulated to any third party by any means, including the use of a third-party site, without the prior written consent of Cathay Pacific; this prohibition includes, but is not limited to, "framing" or embedding in frames running from other sites any material from this site, and "mirroring" material from this site on a server other than that operated by Cathay Pacific. Images, trademarks, service marks, and brands displayed on this site are protected by copyright, trademark, or other intellectual property law, and your use of the site does not grant you any license or right to use, reproduce, or appropriate them.
h. Changes to or suspension or termination of this site or the Program. Cathay Pacific reserves the right, at its discretion, to change, modify, or terminate
this site or the Program at any time.
i. Miscellaneous. The headings in this document are for your convenience and reference and do not limit or affect these terms.
2. Participating Companies and Individual Members: Criteria and Conditions for Participating in the Corporate Travel Solutions Program
Only U.S. and Canadian businesses and employees thereof who qualify under the membership criteria of these terms may participate in the Program. This section describes the membership criteria and conditions that a business must meet to be registered as a "Participating Company" in the Program and that employees of a Participating Company must meet to be registered as "Individual Members" in the Program.
a. Definitions: In these terms, the following capitalized terms have the following definitions:
(1) "Employee" means a person who is a U.S. or Canadian Resident and whose primary employment involves contract work for, or direct employment by, a Participating Company. Proof of one's status as a U.S. or Canadian Employee may consist of a photo company ID card, a professionally printed business card that substantiates your employment or a letter, on company pre-printed letterhead, from an authorized individual certifying one's employment status.
(2) "Resident" means a person who has a primary, permanent residence in the United States or Canada that he or she has no intention to abandon. Proof of one's status as a U.S. or Canadian Resident may include a driver's license or other government-issued identification showing a U.S. or Canadian residence address or a lease or utility bill for a U.S. or Canadian residence in the name of the traveler.
(3) "Business Travel" means travel by a U.S. or Canadian Employee or an Individual Member in furtherance of a business objective of the Participating Company, except to the extent these terms permit travel by a Travel Companion.
b. Participating Company criteria. A Participating Company must, at the time of application and at all times it is a Participating Company: (1) conduct a business in the United States or Canada other than the sale, resale, or arrangement of air travel; (2) not have or benefit from a corporate sales agreement with Cathay Pacific; (3) commit to use the Program only for Business Travel; and (4) provide Cathay Pacific with identifying information satisfactory to Cathay Pacific. Such information may include, without limitation, the company's legal name and jurisdiction of formation or incorporation; the mailing and physical addresses of the company's main and/or branch offices; telephone, fax, and e-mail contact information; the names of officers, directors, and shareholders/owners; and identification numbers such as a D-U-N-S® number issued by Dun & Bradstreet or a Taxpayer Identification Number issued by the U.S. government or a GST number issued by the Canadian government. The Program does not restrict the legal forms under which a Participating Company may be organized; for example, a Participating Company may be a sole proprietorship, partnership, limited partnership, association, trust, corporation, limited liability company, or limited liability partnership. Cathay Pacific reserves the right to request additional information from a business applying to participate or from a Participating Company and to determine, in its sole discretion, whether a business or Participating Company meets or continues to meet the membership criteria set forth in these terms.
d. Individual Member criteria. Each Employee who desires to use the Corporate Travel Solutions site must personally register with Cathay Pacific as an Individual Member. Up to five (5) employees, including the Primary Contact (whose registration as an Individual Member occurs automatically at the time his or her Participating Company is registered), may register as Individual Members using a Participating Company's Company Registration Number. Cathay Pacific may, in its sole discretion, increase the number of Individual Members that may participate using a single Participating Company's Company Registration Number. An Individual Member must, at the time of application and at all times he or she is an Individual Member: (1) be a Employee of a Participating Company; (2) provide Cathay Pacific with the Participating Company's Company Registration Number; (3) commit to use the Program only for Business Travel; and (4) provide Cathay Pacific with identifying information satisfactory to Cathay Pacific. Cathay Pacific reserves the right to request additional information and to determine, in its sole discretion, whether an individual or Individual Member meets or continues to meet the membership criteria set forth in these terms.
e. Registration as an Individual Member. For an individual to apply for registration as an Individual Member, he or she must complete and submit the on-line registration forms available at www.cathayforbusiness.com. An Individual Member must be of sufficient legal age to create binding legal obligations for any liability he or she may incur as a result of the use of this site and must affirm that he or she is financially responsible for all uses of this site by him or her or otherwise involving his or her identifying number and for all charges, fees, duties, taxes, and assessments arising therefrom. If Cathay Pacific accepts an application, Cathay Pacific will respond via e-mail to the person who submitted the application and provide that Individual Member a unique identifying number. An Individual Member must confirm his or her status by following the directions in that e-mail or his or her participation automatically will terminate.
f. Accuracy of member information and e-mail deliverability. Business and individual applicants must provide true and complete information on registration forms. A Primary Contact is responsible for updating a Participating Company's membership information, and an Individual Member is responsible for updating his or her own membership information, to keep it current, complete and accurate.
g. Permission to send e-mail. The registration of a Participating Company specifically authorizes Cathay Pacific to send e-mail messages, which may contain product, service or promotional offer information, to the Primary Contact for that Participating Company and to all Individual Members associated with that Participating Company. The registration of an Individual Member specifically authorizes Cathay Pacific to send such e-mail messages to that Individual Member and is a representation that: (1) the Individual Member is authorized to use the e-mail address that he or she has supplied and to join Internet programs in which e-mail communications are used; and (2) the Individual Member is 13 years of age or older.
h. Confidentiality. Participating Companies and Individual Members are responsible for keeping their identifying numbers and other information associated with the Program confidential. Cathay Pacific will not be liable for any loss or disclosure of company or personal details caused by breach of this clause.
i. Leaving or becoming ineligible for the Program. (1) The Primary Contact is responsible for removing a Participating Company from the Program if the Participating Company no longer wishes, or is no longer eligible, to participate and may remove an Individual Member from participation. Participating Companies are removed from the Program using the procedures set out at www.cathayforbusiness.com/register/howto.asp. Upon a Participating Company's removal from the Program, all corresponding Individual Members also are removed from the Program. (2) An Individual Member is responsible for removing himself or herself from the Program if he or she no longer wishes, or is no longer eligible, to participate. Individual Members are removed from the Program using the procedures set out at www.cathayforbusiness.com/members/cancel.asp.
j. E-mail to Cathay Pacific. All participants and potential participants in the Program agree that Cathay Pacific is not obliged to answer any incoming e-mail or request for participation, no matter the subject, and that any correspondence for which a reply is desired must be sent via U.S. mail to: Cathay Pacific Airways Limited, 360 Post Street, Suite 300, San Francisco, CA 94108, Attn: Corporate Travel Solutions.
k. Changes to or suspension or termination of the Program. Cathay Pacific reserves the right, at its discretion, to change, modify, or terminate the Program at any time.
l. Suspension or termination of participation in the Program. Cathay Pacific may cancel or suspend the participation of a Participating Company (automatically canceling or suspending the Individual Members associated therewith) or of an Individual Member at any time without notice if Cathay Pacific: (1) believes the Participating Company or Individual Member's membership, including the corresponding identifying number, has been, is being, or may be used: (i) by any other person, (ii) in breach of these terms or of tariffs, rules, conditions of carriage or other requirements applicable to travel on Cathay Pacific or to services offered by providers, or (iii) in a manner that may cause loss to a Participating Company, Individual Member, Cathay Pacific, or a provider; or (2) cannot deliver e-mails to any e-mail address provided by a Primary Contact or Individual Member. Neither a Participating Company nor an Individual Member will be entitled to any retroactive Program benefits for the period during which participation was suspended.
3. Bookings and Reservations Using This Site
Only Individual Members can book Cathay Pacific flights and book or reserve the services of other airlines and other providers through this site.
a. Applicability. This section applies specifically to the booking and reservations functions available on this site. These functions are intended only for the use of Individual Members. By using these functions, you represent that you: are an Individual Member, remain eligible to continue your status as an Individual Member, and are financially responsible for all uses of this site by you and those using your membership information and for all charges, fees, duties, taxes, and assessments arising therefrom.
b. Limitations on use of this site. You may only use this site while in the United States or Canada to make legitimate requests to purchase, for Business Travel, the products or services offered on this site (hereafter a "request," "booking," or "reservation"). You may not use this site to make any speculative, false or fraudulent requests, any requests in anticipation of demand, or any requests for others (except other Employees of the Participating Company or Travel Companions as set forth herein) in return for financial or non-financial benefit.
c. Itinerary requirements. Requests generally may be made for up to a total of four Residents (one of whom must be the Individual Member making the request) who are Employees and/or Travel Companions and may be made only for Business Travel beginning at least four business days from the day the request is completed. All tickets or services submitted in a single request must involve the same itinerary. Travel itineraries must begin in the United States.
d. Passenger requirements. Each passenger traveling on an itinerary requested by an Individual Member must be a Employee, provided that each traveling Employee may be accompanied on his or her entire travel itinerary by one other person who is a Resident but is not traveling for business purposes (a "Travel Companion"). Some travel will require a valid passport and visa and may require compliance with other governmental requirements, such as vaccinations or customs restrictions. Each traveler is solely responsible for complying with these requirements.
e. Amounts of fares, taxes, and fees. All fares, taxes, and fees will be charged in U.S. dollars. For the convenience of users, the site may provide information in another currency or currencies using currency exchange information derived from publicly available sources which is believed to be accurate; this information is neither verified nor warranted to be accurate. Some airports or governments may impose and collect additional taxes or fees at the airport which are not included in the stated fare; you are responsible for their payment and while Cathay Pacific has endeavored to provide up-to-date information on them, Cathay Pacific does not warrant that information.
f. Fare and service restrictions. Particular fare and service offerings may require compliance with restrictions imposed by Cathay Pacific or another provider that may involve: an advance purchase requirement; a date by which tickets or reservations must be purchased; dates by which travel or services must commence and end; applicable black-out periods; minimum and maximum stay requirements; capacity controls (that is, limits on the number of seats available at a particular fare on a particular flight or limits on the number of rooms or other services available on a particular day); pre-payment and/or credit card guarantee requirements; and cancellation penalties and rebooking fees. You are strongly advised to review the restrictions associated with prospective travel or services before completing a request. By submitting your credit card information and completing your request you have represented that all persons traveling on the requested itinerary comply or will comply with all applicable restrictions.
g. Further restrictions on Corporate Travel Solutions Fares. In addition to the foregoing fare and service restrictions, Corporate Travel Solutions Fares available only through this site are subject to further limitations. Among other things: (1) most changes outside the United States or Canada to tickets originally issued at Corporate Travel Solutions Fares will require the new itinerary to be priced without regard to Corporate Travel Solutions Fare benefits; (2) Corporate Travel Solutions Fares may not be able on all flights or in all markets; (3) Corporate Travel Solutions Fares may not be used for group travel involving more than four individuals traveling together (regardless of the number of transactions generated in an attempt to facilitate such group travel); and (4) Corporate Travel Solutions Fares may not be used in connection with any other offer, fare, or discount (such as child or infant fares, travel industry discounts, or corporate sales agreements).
i. Completion of booking or reservation; conditions of carriage and contract. Once you complete your booking or reservation, Cathay Pacific will transmit to you an acknowledgement message; please contact us at the telephone number shown on the site if you do not receive such a message. Your completion of a booking or reservation means that you have entered into a binding contract with Cathay Pacific or other providers. Air transportation and other travel services available for booking or reservation on this site may be subject to government laws and regulations, conditions of carriage or contract, and tariffs. Your attention is directed to those provisions. You may review the conditions of carriage and tariffs applicable to travel on Cathay Pacific by contacting a Cathay Pacific ticketing office. Details concerning other services available for booking or reservation on this site may be obtained from the corresponding provider. If your journey involves air transportation with an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may apply; in most cases where it applies, it limits the liability of carriers for death and personal injury and in respect of loss or damage to baggage.
j. Limitations on changing or canceling a booking or reservation. The Corporate Travel Solutions site may be used only in the United States and Canada to book or reserve Business Travel. All changes to or cancellation of a booking or reservation made on this site must be made through Cathay Pacific reservations offices at the telephone number shown on the website or that was provided with your tickets. Once an online booking has been canceled, all follow-up actions (including refunds, if available) will need to be handled through our worldwide reservations offices and may require contact with the offices of other providers. In some cases, a ticket may be valid for future travel, so please check with the Cathay Pacific reservations office for rebooking or refund details.
k. Ticketing. Only paper tickets are available for air travel booked on this site, and such tickets will be delivered to an Individual Member, at the United States or Canadian billing address of record for the credit card provided by the Individual Member, by Federal Express second-day service or its equivalent. Tickets cannot be delivered to post office boxes, and a signature will be required at the time of delivery. No other means of ticket delivery, such as airport or ticketing office pickup, is currently available.
l. All travelers must carry proof of their status. Any person booking or reserving travel on this site or traveling on tickets or reservations obtained through this site may be asked at any time to demonstrate to the satisfaction of Cathay Pacific or another provider his or her status as an Employee or Travel Companion and should have available appropriate documentation as described in section 2(a) above. Individual Members are solely responsible for advising the Employees and Travel Companions for whom they book travel of these requirements and conditions.
m. Failure to comply with these terms. If Cathay Pacific or a provider determines at any time that a booking or reservation made through the Program does not comply with these terms, or that a person traveling thereunder cannot demonstrate compliance with these terms (e.g. by failing to document status as a Employee or by traveling without an Individual Member), Cathay Pacific or the provider may do any of the following: (1) refuse to board you or to provide accommodation or other services; (2) collect from you additional fares or charges equal to the difference between the amount initially paid through Corporate Travel Solutions and the full, published fare or full hotel "rack rate" for the remainder of the itinerary yet to be provided; (3) void and confiscate from you the travel documents; (4) recover damages, litigation costs including attorneys' fees, and other costs from you; or (5) pursue other remedies provided for in the conditions of carriage, conditions of contract, service agreement, or tariffs. Fraudulent or other criminal use, such as placing requests in a false name or with an invalid credit card, will be prosecuted, and Cathay Pacific or law enforcement personnel may use any available technology or information, including analysis of IP addresses, to identify the persons responsible for such use.
n. Frequent flyer credit. Some, but not all, flights and services available on this site are eligible for mileage credit in the AAdvantage program or other participating frequent flyer programs. It is your responsibility to review information available on the site and through the applicable frequent flyer program to determine potential mileage benefits. American Airlines and AAdvantage are marks of American Airlines, Inc. American Airlines reserves the right to change AAdvantage program rules, regulations, travel awards and special offers at any time without notice, and to end the AAdvantage program with six months' notice. Any such changes may affect your ability to use the mileage awards or credits that you have accumulated. Members may not be able to obtain all offered awards at all times or use awards for all destinations or on all flights. AAdvantage travel awards, mileage accrual and special offers are subject to government regulations. American Airlines is not responsible for products or services offered by other participating companies. For complete details about the AAdvantage program, visit www.aa.com.
o. No responsibility for system or communications malfunctions or limitations. Operation of and access to this site relies on a variety of computer and communications systems, many of which are controlled and provided by persons and companies other than Cathay Pacific and other providers. These systems may fail, malfunction, or become unreliable; be breached or corrupted by fraud, tampering, computer "viruses," or other activities; delay or inhibit data transmission; or cause detectable or undetectable errors or omissions in information. As set forth in section 1(f) above, Cathay Pacific and other providers make no warranties in respect of these circumstances. Further, a properly functioning system may not be able to respond properly to a specific request, for example, to find qualifying flights for a desired itinerary, to price an itinerary properly, or to identify the lowest available price. Should any of these circumstances occur, regardless of fault or causation, Cathay Pacific and other providers: (1) as set forth in section 1(f) above, disclaim any liability for loss or damage arising therefrom; (2) have no further obligation or responsibility to assist you in your intended transaction, for example, by providing an alternative means of ticket purchase or honoring promotions, the benefits of which are limited to online purchasers; and (3) may modify, suspend, or terminate a particular request or the entire booking and reservations function without notice.