Beyond First - Terms and Conditions
Last Updated: 15 November 2024
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 before you submit your Order to us. These Terms and Conditions will tell you how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. In the event of any inconsistencies between these Terms and Conditions and any other terms that may be contained in 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 all or any part of 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 The Plaza Premium Group may engage third parties to provide Third Party Services to fulfil your Order for Beyond First. In such cases, you will enter into contract with third parties for the Third Party Services through the Website or the Beyond First Whatsapp Service. 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 will not provide you with any refund for our Services if any of the following events occurs 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 meeting point as agreed between us 30 mins after our scheduled meeting time.
· If our performance of the Services is affected by an event outside our control, or any terms, restrictions or controls by the authority then we will contact you as soon as possible to let you know and we will take steps to minimise the effect 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 have any liability 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 liability in aggregate 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
· In the event we notify you that there will be 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, it shall be subject to the terms specified in Schedule (B) – Additional Terms For Services.
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 as and when we deem 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. LANGUAGE
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;
“Airport Dining” refers to the food and beverage outlets owned, managed and /or operated by Plaza Premium Group under the brand “Root 98”, “Flight Club”, “Terrace Chinese Kitchen”, “TGM”, “Intervals” or other associated brands of Plaza Premium Group as may be amended by Plaza Premium Group from time to time;
“Airside Lounge” means the Lounge 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;
“ALLWAYS” refers to the airport meet and greet, porterage, any other arrival, transit and departure hospitality services and/or any airport passenger services, managed and/or operated by Plaza Premium Group under the brand “ALLWAYS” or other associated brands of Plaza Premium Group;
“Beyond First” refers to the bundle of Services offered for purchase by the Plaza Premium Group, which includes but is not limited to ALLWAYS, Plaza Premium Lounge and any other airport passenger services managed and/or operated by the Plaza Premium Group or third parties as may be specified on the Website, as may be amended from time to time by the Plaza Premium Group.
“Beyond First Whatsapp Service” refers to the messaging service on the Whatsapp platform adopted by Plaza Premium Group for Customers to reserve the Beyond First Services, and to receive customer support service. The Beyond First Whatsapp Service shall be subject to the terms set out in Section (B) – Additional Terms for Services.
“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” means the provision of a hotel room, accommodation or private resting area in airside/landside area of an airport Location by us;
“Landside Lounge” means the lounge is 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 or such location where a Lounge is located;
“Lounge” means a lounge operated or managed by Plaza Premium Group at a Location and includes an Airside Lounge and a Landside Lounge;
"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:
(a) hot showers facilities including amenities;
(b) food and beverages;
(c) use of computers to access Internet;
(d) DVD / VCD movie viewing (at selected locations only);
(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) private resting area/room/cabin/pod.
“Order” means a Customer’s booking order for Beyond First to Plaza Premium Group as set out in the Beyond First Whatsapp Service, or any other 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;
“Plaza Premium Lounge” refers to the network of airport Lounge Facilities owned, managed and/or operated by any company of Plaza Premium Group under the brand “Plaza Premium Lounge” or other associated brands of Plaza Premium Group;
“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, including but not limited to Plaza Premium Lounge services, ALLWAYS meet & greet services, Aerotel services, Airport Dining services and any airport passenger services 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 applicable to any Customer;
“Third Party Services” means the goods and/or services offered by third parties as specified on the Website;
“Transaction Fee” means the fee charged by a payment service provider or an issuing bank for a Customer’s total transaction amount;“
“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;
(e) www.plazapremiumfirst.com;
(f) www.intervalsbar.com; and
(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.
18. For the purposes of Beyond First, you agree to be bound by the existing terms and conditions pertaining to each of the Services as set out in the relevant Websites, and as may be amended by the Plaza Premium Group from time to time. In the event of inconsistencies between the terms and conditions set out in the Website and Section (B) Additional Terms for Services, the latter shall prevail.
(B) ADDITIONAL TERMS FOR SERVICES
1. BEYOND FIRST CANCELLATION, RESCHEDULING, AND REFUND POLICIES
1.1 Customers agree to be bound by the cancellation, rescheduling, and refund polices as set out herein in respect of the Beyond First services.
1.1 Beyond First Cancellation Policy
Time of Cancellation & Refund Policy
. 14 days from Original Date - Customers shall receive a full refund of the Fees paid.
. 7 days from Original Date - Customers shall receive a refund of the Fees paid, subject to an administration fee of 50% of the sum of Fees paid.
. 3 days from Original Date - Customers shall not be entitled to a refund of the Fees paid.
. No show - The Order shall be cancelled, and the Customer shall not be entitled to a refund of the Fees paid.
1.2 Beyond First Rescheduling Policy
1.2.1 There shall be no rescheduling of Orders where the request to reschedule is made less than 3 days before the Original Date.
1.2.2 Notwithstanding the above, where a request to reschedule is made less than 3 days before the Original Date AND due to Uncontrollable Factors, the Order may be rescheduled subject to full payment of the Fees and any verification steps as may be conducted by us.
1.2.3 For the purposes of this clause, the definition of Uncontrollable Factors shall include Force Majeure Events and the following:
a) Delay of the arranged public conveyance for at least 10 consecutive hours due to adverse weather conditions, natural disaster, mechanical breakdown or hijack of the arranged public conveyance, unanticipated outbreak of industrial action involving the arranged public conveyance, act of terrorist, riot or civil commotion or closure of airport, causing an inability to proceed with or cancellation of the journey;
(b) Death, Serious Bodily Injury or Serious Sickness of the flyer, or his/her Immediate Family Member, Close Business Partner, Foreign Domestic Helper or Travel Companion;
(c) Duty to comply with a witness summons, jury service or compulsory quarantine;
(d) Severe damage to the Customer’s principal home arising from fire or flood or any natural disasters that occurred within 10 days before the scheduled date of departure of the Journey.
1.3 Unused Services from Beyond First
1.3.1 There shall be no refunds for all or any parts of the Services which the Customer has, by their own volition, failed to utilise.
1.3.2 Notwithstanding the above, we may, subject to our full and absolute discretion, to provide complimentary vouchers for future usage of the unutilised Services, subject to further terms and conditions as may be determined by Plaza Premium Group.
2. BEYOND FIRST RATE PLANS
2.1 As part of the provision of the Beyond First services, we may offer Customers the option of purchasing Rate Plans as part of the provision of Beyond First services.
2.2 All Rate Plans are subject to individual and separate terms and conditions. These terms and conditions pertaining to each Rate Plans shall be published and communicated separately to these Terms and Conditions herein.
2.3 By purchasing a Rate Plan, you agree to be bound by these Terms and Conditions herein, and the terms and conditions pertaining to the particular Rate Plan.
3. BEYOND FIRST WHATSAPP SERVICE
3.1 Service Description
3.1.1 Our Beyond First WhatsApp service is designed to provide you with customer support, reservation services, and our latest offers regarding our products and services.
3.1.2 You may use this service for lawful and legitimate inquiries related to our products and services.
3.1.3 You must not use the service for any unlawful activities, including but not limited to:
. Sending spam or unsolicited messages.
. Transmitting offensive, abusive, or defamatory content.
. Sharing personal or sensitive information that could compromise your privacy or security.
3.1.4 We do not guarantee that the service will be uninterrupted, error-free, timely, or that the information provided will be accurate or complete.
3.1.5 We reserve the right to modify, suspend, or terminate the service at any time without prior notice.
3.2 Data Collection
3.2.1 When you contact us via WhatsApp, we may collect your contact information, message content, flight number, payment details and/or any information you provide. We use this data to respond to your inquiries, improve services, for marketing promotion purposes, and maintain records for legal and operational purposes. You have the right to access, correct, delete, and restrict the processing of your data. To exercise these rights, contact us at [email protected].
3.3 Liability Disclaimer
3.3.1 We are not responsible for any loss or damage resulting from the use of our WhatsApp service, including but not limited to data breaches, service interruptions, delays or inaccuracies of information provided through the service.