Terms and Conditions for Local Tours offered by Walk in Hong Kong
All dealings with Walk In Hong Kong Limited (hereinafter referred to as “we”, “our”, “us”, or “Walk in Hong Kong”), whether arranged directly with us or through a third party, will be on the following terms and conditions unless otherwise agreed in writing with us. By booking a tour with us, you (hereinafter referred to as “you”, “your” or “a participant”) acknowledge that you have read, understood and agreed to all of the following terms and conditions, both for yourself and on behalf of all individuals included in the booking.
1. Bookings and Payment
1.1. Booking a place on a public tour
1.1.1 Bookings can be made directly on our website www.walkin.hk, by emailing us at [email protected], or via third party agents.
1.1.2 Payment for bookings made through our website will be made online via the processing system provided by PayPal Pte. Ltd. or Stripe, Inc. (collectively known as "payment gateway providers"), and such online transactions will be subject to the terms and conditions of the respective payment gateway provider. For bookings made through channels other than our website, payment can be made by means as specified by us or the relevant third party agent.
1.1.3 For bookings made directly with us, we will send you a booking confirmation by email within 2 business days of receipt of payment. For bookings made through third party agents, booking confirmation will be provided by such agents.
1.1.4 Children aged between 6 and 12 (as of the tour start date) would be entitled to a 50% discount of the tour fee, and children aged under 6 (as of the tour start date) can join free of charge, provided that any child aged 12 or below must be accompanied by his/her parent(s) or legal guardian(s), who would be responsible for his/her safety and behaviour during the tour. Such discounts may be reduced depending on the costs charged to us by our suppliers, if applicable. We reserve the right to request for proof of age of your children.
1.2. Booking a private tour by individuals
1.2.1. Bookings can be made directly on our website www.walkin.hk, by emailing us at [email protected].
1.2.2. Payment can also be made by means as specified by us.
1.2.3. Save as otherwise agreed with us, bookings shall be made at least 7 days prior to the proposed start time of the private tour, by payment of a deposit of 20% of the total tour fee. Upon receipt of payment, we will send you a booking confirmation by email within 2 business days. Any deposit made is not refundable, save as otherwise provided in clause 2.
1.2.4. The remaining 80% of the tour fee shall be paid in cash at the tour, save as otherwise agreed with us.
1.3. Booking a private tour by anyone other than an individual
1.3.2. Payment can be made by means as specified by us.
1.3.3. Save as otherwise agreed with us, bookings shall be made at least 14 days prior to the proposed start time of the private tour, by payment of a deposit of 50% of the total tour fee. Upon receipt of payment, we will send you a booking confirmation by email within 2 business days. Any deposit made is not refundable, save as otherwise provided in clause 2.
1.3.4. The remaining 50% of the tour fee shall be paid within 14 days after the tour, save as otherwise agreed with us.
2. Cancellations and Refund
2.1. Cancellations by participants
2.1.1. Cancellations shall be made by email or by phone prior to the scheduled start time of the tour.
2.1.2. Cancellation of a place on a public tour: Payment made will not be refundable, but you may (a) make a booking to join another tour with us at no extra costs if that other tour is at the same or a lower price, or by paying the price difference if that other tour is at a higher price; the date of that other tour has to be within three months of the date of the original tour; or (b) transfer the paid booking to another person to attend in your place on the original tour, or another tour as described in (a).
2.1.3. Cancellation of private tour: For cancellation made 7 days or more prior to the scheduled start time of the tour, you may (a) reschedule the tour with us at no extra costs; or (b) request for a refund of the deposit paid, subject to the deduction of an administration fee of HK$500. For cancellation made within 7 days prior to the scheduled start time of the tour, the deposit paid will not be refundable, but you may, as long as practicable, reschedule the tour with us at no extra costs.
2.2. Cancellations by Walk in Hong Kong
2.2.1. The tour will be automatically cancelled in the event a Tropical Cyclone Signal No. 8 or above, or a Red or Black Rainstorm Warning Signal, is issued, within 3 hours prior to the scheduled start time of the tour, in which case we will notify you by phone.
2.2.2. We reserve the right to cancel the tour due to bad weather conditions other than those set out in clause 2.2.1, in which case we will notify you by phone or other means such as email or SMS, no later than 2.5 hours prior to the scheduled start time of the tour.
2.2.3. We also reserve the right to cancel a public tour if the number of participants is fewer than four, in which case we will contact you at least 24 hours prior to the scheduled start time of the tour.
2.2.4. For any cancellation made by us, including as set out in clauses 2.2.1 to 2.2.3, but other than as provided in clause 5.3, you shall receive a full refund of the monies paid to us but shall not be entitled to any further sum by way of compensation, damages or otherwise arising from said cancellation.
2.2.5. In case of any refund, we shall not be responsible for any additional expenses that may have been incurred by you in preparing for the tour or charges that may be charged by your bank.
3. Tour Information
3.1. We reserve the right to make changes to the information, prices and itineraries of the tours as set out in our website and all printed promotional materials. Provided that such changes have been made prior to the confirmation of a booking, such changes shall be binding on the participants.
3.2. Any information or advice provided by us on matters including but not limited to walking routes, climate, clothing, travel documents, baggage, special equipment, etc. is given in good faith but without responsibility on the part of us.
3.3. All information provided on our website is correct to the best of our knowledge, but we cannot assure that such information would be free from errors or omission and we shall assume no responsibilities for any such errors of omission.
3.4. Our website may contain hyperlinks to other websites owned and operated by third parties. We have no control over, or associate with, such sites and we assume no responsibilities for the contents of such sites. The inclusion of such sites on our website does not imply our endorsement of such sites.
3.5. We do not warrant that our website would be free from computer viruses and we accept no liabilities or responsibilities for any loss or damage that may arise as a result.
4. During the tour
4.1. Late attendance:
(a) For late attendance on a public tour, please contact us by phone on the number specified in the pre-tour email reminder we sent to you, prior to the scheduled start time of the tour. We will arrange a location for you to join the tour that is mutually convenient.
(b) For late attendance on a private tour, please contact us by phone on the number specified in the pre-tour email reminder we sent to you, 2 hours prior to the scheduled start time of the tour. We will seek to make alternative arrangements with you.
We offer these on a best endeavours basis only. No refunds will be made if a participant misses all or part of a tour due to late attendance, early departure or no show.
4.2. We reserve the right to alter our suggested itineraries when the circumstances so require, including but not limited to, closure of shops or other attractions, disruptions of service by any of our service providers, or any of the force majeure events as per clause 5.3. If such alterations become necessary, we will make every effort to provide substitutions in kind to maintain the same quality of itinerary originally scheduled.
4.3. We may, at our discretion, require any participant to be excluded from a tour whose conduct or state of health is detrimental to the enjoyment of the other participants or disruptive of the guides’ ability to provide service, and we shall be under no liability to reimburse the disruptive participant for any costs incurred by such participant or by other participants as a result thereof.
4.4. Any food or beverage consumed during a tour is at the participants’ own risk. We accept no liabilities or obligations in this regard.
5. Personal Safety, Insurance and Force Majeure
5.1. Participants are responsible for ensuring that they are in suitable physical condition for the tours. If in doubt of your level of physical fitness, you are advised to consult your doctor. Participants are also responsible for maintaining their safety at all times and agree to follow the safety instructions given by us and to exercise due care and attention during the tours. All tours are to be undertaken at the participants’ own risk. None of us, our employees or our agents shall accept any liabilities or responsibilities in the event of illness, injury, death or loss or damage to personal properties of participants during the tours.
5.2. While we provide group personal accident insurance for participants on the tours, we strongly suggest you to purchase full travel insurance, including coverage for personal accident, death, medical expenses and emergency repatriation. We also strongly recommend that your insurance covers cancellation, curtailment, personal liability and loss of luggage and personal effects.
5.3. Force Majeure: None of us, our employees or our agents shall accept any liabilities or responsibilities for any loss or damage to, or expense incurred by, any of the participants as a result of any cancellation, delay or extension of a tour or any change in prior tour arrangements due to war, terrorist activities, riots, civil unrest, industrial action (in each case whether threatened or actual), weather conditions, fire, flood, drought, unforeseen alterations or rescheduling to public transport schedules or any other event outside the control of Walk in Hong Kong.
5.4. You agree to waive Walk in Hong Kong of all liabilities and responsibilities, in whole or in part, for any loss, damage, injury, accident or inconvenience that may arise, whether directly or indirectly, as a result of any services provided by Walk in Hong Kong.
6. Intellectual Property
6.1. No filming or recording is allowed during a tour without our prior written consent.
6.2. Any content on our website, the content of our tours, and any notes or materials we provide to participants whether in the form of hardcopies or electronic copies, are the intellectual property of Walk in Hong Kong, and are not to be copied, transmitted, distributed, sold, displayed, licensed, or reproduced, in each case in whole or in part, in any form, without our prior written consent.
6.3. Any likeness of yours taken on any of the tours, whether by way of photographs, videos or otherwise, may be used by us without compensation or advance notice for promotional or marketing purposes, including without limitation in all media, or promotional materials of any kind, such as brochures or on the Internet.
7. Privacy and Use of Personal Information
7.1. From time to time, it is necessary for participants to provide data to us in connection with the services provided by us, including name, phone number, email address and postal address. Such data will be used for the purpose of processing booking or general enquires, and the distribution of promotional materials relating to Walk in Hong Kong.
7.2. Data held by us relating to a participant will be kept confidential, but we may provide such data to the following parties:
(a) other persons including service providers that provide specified services or functions on our behalf or in collaboration with us, which has undertaken expressly or impliedly to us to keep such data confidential; and
(b) any other person to whom we are under an obligation or otherwise required to make disclosure (i) under the requirements of any law binding on us, or guidance issued by any legal, regulatory, governmental, tax, or law enforcement or other authorities (the “Authorities”) with which we are expected to comply; or (ii) pursuant to any contractual or other commitment of us with the Authorities, and in each of (i) and (ii) may be within or outside of Hong Kong, and may be existing currently or in the future.
7.3. We intend to use the participants’ data in direct marketing including sending newsletters and other promotional materials from time to time. If you prefer not to receive such information, you may exercise your opt-out right by notifying us at any time and without charge, by emailing us at [email protected].
7.4. You have the right under the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) (the “Ordinance”) to:
(a) check whether we hold data about you and access such data;
(b) require us to correct any data relating to you which is inaccurate; and
(c) ascertain our policies and practices in relation to data and be informed of the kind of personal data held by us.
If you wish to access or correct your data, please email us at [email protected]. We may charge a reasonable fee for processing any data access request.
7.5. Nothing in these terms and conditions shall limit your right under the Ordinance.
8. Governing Law and Jurisdiction
8.1. These terms and conditions and any non-contractual obligations arising out of or in connection with these terms and conditions are governed by, and shall be construed in accordance with, Hong Kong law.
8.2. You hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong courts to settle any dispute arising out of or in connection with these terms and conditions, including any dispute relating to any non-contractual obligations arising out of or in connection with these terms and conditions.
9.1. We reserve the right to make changes to these terms and conditions from time to time without prior notice to you.
9.2. Any failure on our part to exercise any rights under these terms and conditions shall not constitute a waiver of our rights.
9.3. If any provision of these terms and conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions will continue in full force and effect.
9.4. The English version of these terms and conditions shall prevail in the event of any discrepancies between the English version and the Chinese version.
Last updated: 16th January, 2020