1. Introduction

 

1. This Food Ordering System (“System”) is a one-stop food pre-ordering platform developed and operated by the Airport Authority of Hong Kong (“we”, “our”, “us”) to enhance passengers’ dining experience at the Hong Kong International Airport. Through the System, you may order food items via our official mobile application, mobile website and self-ordering kiosks.

 

2. The System is available to you on the condition that you accept, without modification, the terms, conditions and notices contained in these Terms and Conditions. Please read these Terms and Conditions carefully before using the System. By using this Food Ordering System or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them. 

 

2. Definitions

 

1. The following defined terms have the following meanings within the terms and conditions:

• “AA”, "we", “our”, and “us” means the Airport Authority, a body corporate validly existing by virtue of the Airport Authority Ordinance Cap 483, Laws of Hong Kong.
•  “App” means the official mobile application “HKG My Flight” which is developed and operated by AA, as the same may be updated and/or upgraded from time to time.
• “Food Courts” means the food courts at HKIA.
• "Food Items" means any item of food, drinks, or any combo set(s) which you place order(s) through the System, including any item of food, drinks or combo set(s) that you purchase.
• “HKIA” means the Hong Kong International Airport.
•  “Parties” means both AA and you, and “Party” means either of these.
• “Pre-Order” or “Pre-Ordering” means an option available to you whereby you may, through the System, order any Food Items that you intend to pick up at a later time as you specify from the placement time of the relevant order.  
• “Restaurant(s)” means the restaurant(s) operating in the Food Courts and named in the System who offer Food Items for sale
• "Service" means the internet food pre-ordering and on-site food ordering experience that we provide through the System.
• "System" means the Food Ordering System consisting of the software, all other software, data, hardware, device drivers, firmware and other infrastructure comprised in or required for the full and efficient operation of the System through which the Food Items, as well as other Restaurants’ items, are advertised, promoted and offered for sale.
• “Website” means hkairportfood.com, a dedicated website set up by AA as part of the System.
• "You" or “your” means the person(s) whom we provide Services or Food Items to and who should pay for the Food Items purchased through the System.

 

3. Ordering of Food Items

 

2. In addition to ordering food and beverages at the Restaurants, you may place your order for Food Items via self-ordering kiosks installed at the food courts of HKIA, the App or the Website.

 

3. When you place an order for Food Items, you agree to purchase Food Items from the Restaurants at the price listed on the System.

 

4. All pictures and images of Food Items displayed on the System are for reference purposes only. The actual size, dimension and color of the Food Items may differ.

 

5. Information of Food Items displayed on the System is regularly updated by Restaurants. Whilst we endeavor to ensure that the information of Food Items stated is most up-to-date, we do not guarantee or warrant that such information is up-to-date at all times.

 

6. You may select Food Items from various Restaurants in one single order. You are required to make payment by your preferred payment method before checking out.

 

7. In cases of Pre-Ordering, after placing your order, you cannot make any changes to the Food Items purchased or the selected pickup time.
8. You should reserve sufficient time to walk to the boarding gate and choose the right time to pick up your ordered food.

 

9. It is your responsibility to collect your ordered Food Items. No refund will be made for Food Items that are not picked up within the time specified in reminder messages sent to you by the System.

 

10. For orders placed via self-ordering kiosks:

 

1. The System will generate a printed receipt after you make payment. The printed receipt contains information about your order including but not limited to the name of Restaurant(s); the order pickup number(s) of the Food Item(s) you ordered; the Food Item(s); and the transaction amount of the Food Item(s) you ordered.

 

 

11. For orders placed via the App or Website:

 

Choose your preferred time for pickup of Food Items

 

1. If you place your order via the App or the Website, you may choose to pick up the Food Items immediately or at a later time, up to a time period that you have chosen during food ordering process after the placement of an order. You will be asked to indicate your preferred timeslot when you place the order.  

 

2. If you Pre-Order Food Items, you will be able to check your order details through the System. To allow Food Items to be served in its best condition, you should choose the most appropriate timeslot for pickup. Our Restaurants shall endeavor to make sure the ordered Food Items are served at the designated timeslot.

 

 

Digital Receipt

 

3. Once you confirm your order, you will be asked to make payment.  The System will generate a digital receipt with the following information, including but not limited to the name of Restaurant(s); the order pickup number(s) of the Food Item(s) you ordered; the Food Item(s); and the transaction amount of the Food Item(s) you ordered; and a QR code.

 

4. You will need to show the Restaurants either your QR code or your order pickup number(s) to pick up the Food Items. You are responsible for safeguarding the digital receipt.

 

5. You may also check your order status via the System.

 

12. If you placed your order via the App or the Website, you will receive the following notifications through mobile push notifications (the push notifications are only available if you placed your ordered via the App and switch on Bluetooth function of your mobile device), email and/or SMS (if you have provided that information as a Member or as a guest during your placement of the order) including but not limited to: your order is confirmed with payment completed; the Food Item(s) is/are under preparation together with designated pickup time; and order pickup reminders.

 

4. Role of the Authority and Restaurants

1. All Food Items are provided by the Restaurants. AA is not the seller or the provider of any Food Items displayed on the System. AA’s role is to provide order processing management after you place orders for Food Items through the System.
2. For the purposes of transactions made through the System, each Restaurant shall be deemed to be an independent contractor.
3. If you have any questions or complaints about the Food Items, you should address the same to the relevant Restaurant directly.

 

5. Prices and Payment

 

4. You must pay before the Food Items are ready for you.
5. All prices are listed and charged in Hong Kong Dollars (HKD).
6. In general, prices of Food Items stated in the System are same as that stated at hard copy menus of the Restaurants, but may differ from time to time due to promotions.
7. Full payment in respect of an order must be made upon the confirmation of that order. If your payment cannot be processed, the order will not be accepted. An order confirmation will be sent to you only when the order is accepted. You are advised to contact our customer services team to resolve any problems concerning the use of your payment card if you experience any difficulties when making payment.
8. The System accepts payment by various electronic means as indicated on the relevant order platform.
9. Any credit card used for ordering should be valid and under your own name.
10. AA reserves the right to change the payment terms for any order without prior notice.
11. AA reserves the right to change the payment mode for Food Items offered via the App or the Website or the self-ordering kiosks at any time by announcement through the System, email or other means of public communications.
12. AA reserves the right to terminate any suspicious transactions. AA shall not be liable for any payment fraud.

 

6. Promotion Code

 

13. As and when a promotion campaign is launched, promotion codes shall be issued.
14. Provided that all required conditions are met, a promotion code entitles a purchaser to a discount off the price of the relevant order.
15. Depending on the terms and conditions of the relevant promotion campaign in force at a particular time, a promotion code may or may not be used in conjunction with other coupons, promotions or special offers.
16. Each promotion code has an expiry date, which will be stated at the time of the promotion or in related promotional materials, and such expiry date cannot be modified.
17. Some types of promotion codes may only be used once. Once redeemed, you may not be able to use the same promotion code in future purchases.
18. Irrespective of the type of promotion code in validity at the time of your order, only one promotion code can be used per order.
19. All promotion codes are non-transferable, have no monetary value and under no circumstances can they be converted into cash. There will be no residual value attached to any promotion code and no credit amount will be issued to you if the purchase amount is less than the amount of the promotion code.

 

7. Pickup of Food

 

20. If you have placed your order via the self-ordering kiosks, you are responsible for picking up your ordered Food Items at the relevant Restaurant(s) after the System indicates that your Food Item is ready for collection. When you collect the Food Items, you are required to present the printed receipt of your order. No delivery service will be provided.

 

21. In cases of Pre-Ordering, you are responsible for picking up your Food Items at the relevant Restaurant(s) within the time specified in your pickup notification (or reminder notifications). When you collect the Food Items, you are required to present the digital receipt of your order. No delivery service will be provided.
22. You are responsible for safeguarding the written receipt or digital receipt of your order. When collecting your Food Item at the Restaurant, you agree that you authorize us and the relevant Restaurants to assume that any person using the written receipt or digital receipt is either you or is authorized to collect the Food Item on your behalf.
23. If you purchase Food Items via the self-ordering kiosks, you should monitor the display screens which are located in front of the relevant Restaurant at the Food Courts. The display screens will show Food Items that are ready for pickup.
24. If you purchase Food Items via the App or the Website, you should either monitor your mobile display or the display screens which are located in front of the relevant Restaurant at the food courts. The display screens will show Food Items that are ready for pickup.
25. If you fail to collect your Food Item in accordance with Clause7, you shall be deemed to have abandoned such Food Item. Such Food Item will be disposed of without further notification to you, and AA and/or the Restaurants shall have no liability (including any refund) for such disposal.

8. If there is any mismatch between your ordered Food and the actual Food, you are responsible to notify the Restaurant immediately.

 

9. Liability

 

26. In providing the Service, AA acts merely as a facilitator, providing a platform for you to order the Food Items from Restaurants. AA therefore has no control whatsoever over the availability or quality of any Food Items. Accordingly, you agree to waive any claim that you may have against AA that is in any way connected with a dispute between you and any other user of the System (including any Restaurant) and you agree to indemnify AA for any losses or liability AA may suffer as a result of any claim against AA by any third party as a result of your dealings with such other party.

 

27. In addition, AA shall not be liable or responsible in any way for:

 

1. any act and/or omission of any Restaurant;

 

2. quality of any Food Items displayed in the System, including complaints that the Food Items served are in any way inconsistent with the description of any food items that are displayed in the System; or

 

3. any breach of security, delay, corruption or destruction of data (including but not limited to those caused by any virus or other malicious code), transmission error, inaccessibility (whether in connection with upgrading or modification of the System, failure or insufficiency of the technical facilities or technical issues on the user’s side) of the System; or any part thereof, whether due to the negligence of AA or its officers, employees, agents, contractors or otherwise.

 

28. AA shall not be liable or responsible in any way for any damages, losses, costs, expenses, liabilities or compensation, whether direct or indirect, which arise from or are in connection with your access and use of the System.

 

29. AA is not responsible and shall not be liable for any hyperlink to any other system or application. Any reference to another system, entity or food is not an endorsement or verification by AA of such system, entity, food, and AA is not responsible for the content of any of the foregoing.

 

10. Indemnity

 

30. You hereby agree to indemnify and hold AA, its officers, employees, agents and contractors harmless against all damages, losses, costs (including legal costs), expenses and liabilities suffered or incurred by AA, its officers, employees, agents or contractors arising out of or referable to any claims, suits or proceedings brought against AA, its officers, employees, agents or contractors by third parties arising out of or in connection with your acts, failures, omissions and defaults, including but not limited to unauthorized access and/or use of the System or any part thereof; and/or failing to act in accordance with these Terms and Conditions.

 

11. Intellectual Property Rights

 

31. AA shall retain all intellectual property rights subsisting in any materials in connection with the System.  Any use of materials on the System, including alteration, modification, distribution or republication, without AA’s prior written consent is prohibited.

 

12. Protection of Personal Data

 

32. It is possible that we have to collect certain information from you when you place an order via the System. You agree that we, as well as our contractor(s) who are involved in the provision of the Service, can store, process and use the data you provide for the purpose of handling and processing your order.

 

33. AA is committed to safeguard the privacy of all individuals with respect to their personal data. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy.

 

13. Notices

1. Notices to You

Where these Terms and Conditions provide for AA to notify you by posting a notice on the System: such posting on the System shall constitute sufficient notice to you; and such notice shall, unless otherwise specified by AA, take effect from the time of posting on the System.

2. Notices to AA

Unless otherwise expressly provided herein or unless otherwise specified by AA, any notice which you are required to give to AA shall only be deemed to have been served on AA if the notice is sent by:

1. phone at 852 2201 7143;
2. email to support@hongkongairportfood.com; or
3. by means specified by AA on the System from time to time.

 

14. General

 

3. AA shall make reasonable efforts to ensure that details of Food Items offered via the System, are up-to-date.
4. This System is provided on an ‘as is’ basis. AA makes no representations or warranties of any kind with respect to the System and disclaims all such representations and warranties. In addition, AA makes no representations or warranties about the accuracy, completeness, reliability, timeliness, non-infringement, title, or suitability for any purpose of all information and content made available on or through the System. Such information and content may contain factual or technical inaccuracies or typographical errors. All liability of AA howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
5. AA may revise these Terms and Conditions at any time without prior notice. If any dispute arises, AA's determination shall be final.
6. In case of any dispute between the Parties in respect of or in connection with these Terms and Conditions, AA's determination shall be final and binding.
7. No waiver of any breach of these Terms and Conditions shall be effective unless made in writing by the Party granting such waiver and given to the other Party in accordance with Clause 13.
8. No failure on the part of AA to exercise, and no delay on its part in exercising, any right or remedy under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
9. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any rights or remedies provided by law.
10. You shall not assign or transfer your rights or obligations under these terms and conditions or any part, interest or share herein without the prior written consent of AA.
11. If any provision of these terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner so as to achieve the intention of the Parties. Alternatively, at the discretion of AA, such provision may be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect, unless AA (at AA’s discretion) decides that the effect of such declaration is to defeat the original intention of the Parties.
12. These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong"). Both you and AA agree to submit to the exclusive jurisdiction of the Hong Kong courts.
13. Where these Terms and Conditions are available in any language other than English, the English version is the governing version and shall prevail whenever there is a discrepancy among the versions.

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General

 

• Respecting and protecting our customers’ privacy and personal data is important to the Airport Authority (“AA”, “we” or “us”). This Privacy Policy will help you understand how we collect, use and safeguard your personal data in our interactions with you when you use any services in connection with the Food Ordering System (“Services”).
• Throughout this Privacy Policy, the term "personal data" means any data relating directly or indirectly to you, from which it is practicable for your identity to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable.
• By using the Services, we will collect your personal data as more particularly specified in this Privacy Policy.  By providing us with your personal data, you agree that we will collect, use and store your personal data in accordance with this Privacy Policy, as amended from time to time. This Privacy Policy is incorporated into and forms part of the Terms and Conditions on the use of the Services.
• We regularly review and may from time to time revise this Privacy Policy. By continuing to use our Services through the website(s) or the App after any amendments to this Privacy Policy, you are agreeing with the terms of this Privacy Policy as revised.  The latest version of this Privacy Policy will be available through the link shown on the website.
• This Privacy Policy applies to us, our website and the App in connection with the Services, but not to any third parties (including any websites maintained by our business partners). Please check and read third parties’ privacy policies before submitting any of your personal data to such third parties (whether via our website(s) or not).
• Nothing in this Privacy Policy shall limit any of your rights to the extent such rights cannot be limited by law.

 

 Collection of Your Personal Data in Using the Services

• We collect, use and store your personal data to ensure we can offer you a personal experience of the various services and facilities available at HKIA. We will keep your personal data confidential at all times and only collect, use and store it in accordance with this Privacy Policy.
• When you place an order as a guest, provide feedback to us (such as via a survey) or participate in our promotion and events in connection with the Services, you will be required to provide us with your following personal data :-

1. Title (Compulsory)
2. Last Name (Compulsory)
3. First Name (Compulsory)
4. Mobile phone number through which you prefer to receive any notifications relating to the Services (Compulsory)
5. Email address through which you prefer to receive any notifications relating to the Services, including order confirmation as digital receipt (Compulsory)

• Even if you place an order as a guest, you will still be requested to provide the above personal data to us. We will not be able to provide the Services to you if you do not provide the personal data requested.
• Separately, we may collect certain other data from you on our website(s) or the App:

1. We automatically collect data relating to your online session, to gather statistical information on our server’s usage and to help us better meet your demands and expectations. This may include but is not limited to your mobile device information, including information on (i) the type of device, (ii) type and version of your browser, (iii) type and version of your operating system, (iv) your IP address, and (v) domain name.
2. We also use functionality that sets a unique identifier to track your use of our website(s) or App across multiple devices so that your sessions are reported on our system as a single user rather than as multiple users.
3. If you are browsing our website(s) (whether as a guest or as a Member), it (they) may place a cookie on your computer that identifies your computer to us and allows us to personalise your preferences.
   
   Cookies are small information files stored on your hard drive and are automatically accepted by most browsers. It does not allow us to access the rest of your computer or your personal data. Please change your browser’s settings if you do not wish to accept cookies. Please note that you may not be able to use all features and services offered on our website(s) or App if your browser does not accept cookies.

• If the Services you use require payment of money, you will be redirected to a secure third-party website belonging to our payment gateway service provider to complete payment of any purchase. Payment-related personal data (including but not limited to the cardholder’s full name, card number prefix, cardholder’s billing address, card verification value (CVV) and the card expiry date) will be collected by the payment gateway service provider for the purpose of processing payment for your order as well as other incidental purposes. We will not be able to provide the Services to you if you do not provide the data.

 

Use of Your Personal Data in relation to the Services

• We, and our contractors who are involved in the provision of Services, will use the personal data you provide to us for the following purposes  (collectively, the “Purposes”):

1. To provide Services to you (including assessing any application for, administration and improvement of such services); and
2. To analyse trends, usage and traveler behaviour with us (whether on an individualised or aggregated basis) or for the purpose of carrying surveys.

 

Security and Protection of Your Information

• We protect the personal data that you provide to us by reasonable physical, electronic and managerial measures. Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times.
• To protect your personal data while you are on our website(s) or the App, we will encrypt any personal data you transmit to us via our website or the App.

 

Disclosure of Your Personal Information

• Your personal data held by us will be kept confidential, with the exception that we may disclose your personal data to the following parties (who may be located, and store and use your personal data, outside your country of residence):

1. Any person or company (including third party agent or sub-contractor) who is acting for, on behalf of or jointly with us, or any of our service providers; in all such cases, disclosure may take place to fulfil any of the Purposes, provided that such third parties to whom your personal data is communicated are subject to confidentiality and privacy obligations that are materially equivalent to those set out in this Privacy Policy;
2. Any financial institutions, charge or credit card issuing companies, credit information or reference bureaus, or collection agencies where necessary to establish and support the payment of any products and Services being requested by you; and
3. Any other third party where such disclosure is mandated by statutory or contractual obligations or as required by law or court of law, or where such disclosure is necessary to protect our interests (as permitted by law).

• Apart from the above, we do not provide your personal data to any other third parties unless your prior expressed consent is obtained. We may transfer aggregated anonymous data to third parties from time to time, which does not allow the third parties to identify you in any way.

 

Data Retention

•  Subject to, or where otherwise required by law or permitted by law to protect our interests, we will:

1. only retain your personal data for as long as it is necessary to fulfill the Purposes or to satisfy any applicable statutory obligations; and
2. delete any of your personal data in our retention, or in the event that such personal data is in the retention of a third party procure the same to be deleted by such third party, as soon as reasonably practicable upon receiving your request for the same.

 

How to Check and Update Your Information

• You may wish to access, verify or update any of your personal data that we hold. You can do so by contacting our General Personal Data Officer (see “Our Contact Details” section below).

Children

• We do not use our website or App to knowingly solicit any personal data or other information from any persons under the age of 18. If you are under 18, by providing us with the personal data, you agree that you have informed your parents and guardians about the Privacy Policy prior to such registration or use, and they have approved of such registration or use by you based on the terms of the Privacy Policy.

 

Our Contact Details

• If you wish to contact us regarding this Privacy Policy (including in relation to any of your rights under this Privacy Policy or any other questions you may have), please contact our General Personal Data Officer via:
  
  General Personal Data Officer
  Airport Authority Hong Kong
  HKIA Tower
  1 Sky Plaza Road
  Hong Kong International Airport
  Lantau Island
  Hong Kong

Where these terms and conditions are available in other languages, the English version shall be the governing version and shall prevail whenever there is a discrepancy amongst versions.