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GENERAL TERMS & CONDITIONS FOR PURCHASES USING ADYEN PAY BY LINK
These general terms and conditions (“General Terms & Conditions for Purchases”) apply to your payment via the Adyen Pay by Link solution (“Pay by Link”) for purchases of goods or services either from or through HX Cruises Ltd and/or our affiliates and such purchases may be governed by additional separate terms and conditions which may be provided or accessed onboard our vessels, via websites, digital platforms or applications or via other channels or third party providers, as applicable. Save where expressly provided in these General Terms & Conditions for Purchasers, in the event of any conflict or inconsistency between these General Terms & Conditions for Purchases, and the applicable General Booking Terms & Conditions, the General Booking Terms & Conditions shall prevail. When we say "us", "we", “our” or ”HX”, we mean HX Cruises Ltd, registration number 14918111 and registered address at 1st Floor, 210 Pentonville Road, London, England N1 9JY. These General Terms & Conditions for Purchases are subject to change without prior written notice at any time in our sole discretion and should be reviewed by you prior to ordering or purchasing any goods or services to which they apply.
1. Application of these General Terms & Conditions for Purchases. (i) Guest onboard paying for goods and services using the Adyen Pay by Link solution If you are a guest travelling with HX, the General Booking Terms and Conditions (including our Privacy Policy) applicable to your booking also apply to this purchase., except that this purchase of goods and services onboard are not covered by the financial protection that may apply to your expedition cruise booking (including such protection including under ATOL, ABTA, the Norwegian Travel Guarantee Fund (RGF) and APST)
(ii) Others paying for goods and services using the Adyen Pay by Link solution If you are not a guest travelling with us, but have purchased goods or services delivered or to be delivered to guests onboard our vessels, these General Terms & Conditions for Purchases apply.
(iii) Guest paying for expedition cruise booking using the Adyen Pay by Link solution If you are a prospective guest making a payment for a future expedition cruise booking with HX, the General Booking Terms and Conditions (including our Privacy Policy) applicable to your booking also fully apply to your payment which we receive from you on behalf of our applicable affiliate tour operator company with whom you make your booking,
2. Order Acceptance. You agree that your order is an offer to buy, under these General Terms & Conditions for Purchases, all the goods and services included in your order. When you place an order, we will send you an acknowledgement email to let you know that we have received your order. This is not an order confirmation or acceptance. All orders must be accepted by us or we will not be obligated to sell the goods or services to you. We will send you a confirmation email to confirm that your order has been confirmed and accepted together with details about the product or service you have ordered and time of delivery. Following our confirmation e-mail, you will receive a payment link from Adyen which you must use to pay for your purchase. Your payment must be made within 24 hours and if the payment has not been made within this time we may cancel your purchase. Once confirmed your order under these General Terms & Conditions of Purchases cannot be cancelled. This provision shall not apply to you only to the extent it is not permitted by applicable law to limit or exclude a right of cancelation for you. We may choose not to accept orders at our sole discretion, even, where applicable, after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to refuse or cancel at any time any order/purchase prior to delivery even after we send you a confirmation email with your order number and details of the items you have ordered. Some situations that may result in your order/purchase being refused or cancelled include system, typographical or input errors, inaccuracies in information on goods and services, or availability, fairness among guests where supplies are limited, issues regarding credit, fraud, criminal acts, violation of applicable laws or identity verification. We also may require additional verification or information before accepting an order/purchase. We will contact you if any portion of your order/purchase is cancelled or if additional verification information is required to accept your order/purchase.
3. Prices and Payment Terms. All prices, discounts, and promotions offered or displayed in person, onboard our vessels, via websites, digital platforms or applications or via other channels or third party providers are subject to change without notice. The price charged for goods or services will be the price in effect at the time the order is placed and will be set out in your order confirmation email, where applicable. Price changes will only apply to orders placed after such changes however we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders/purchases arising from such occurrences.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, full payment must be received by us before our acceptance of an order. We reserve the right to not accept payment from any payment method provider or debit, credit or other type of payment card provider without notice. We will only process payment transactions that have been authorised by the applicable payment method/card provider. When you provide payment information in connection with a Pay by Link payment, you represent and warrant that: (i) you agree to and accept the terms and conditions of our acquirer Adyen in respect of use of the Adyen Pay by Link solution; (ii) the information is true, correct and complete; (iii) you are authorised to use the payment method provided; and (iv) charges incurred by you will be honoured by payment method provider/credit card company and we are authorised and instructed us to initiate acquisition and payment of funds; and (v) you will pay charges incurred by you at the applicable rates, including gratuities and all applicable taxes, if any, regardless of the amount quoted at the time of your order/purchase. When you place your order, we may estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method may differ from the estimate provided
4. Descriptions of Goods & Services. Purchases are made subject to appliable descriptions which may set out additional specific terms and conditions provided that we reserve the right to update descriptions or correct any errors, inaccuracies, or omissions at any time without notice.
5. Returns and Refunds. Except for any goods or services designated or intended as final sale or non-refundable, we provide refunds for goods or services that are defective or not provided (subject to clause 8) in accordance with applicable descriptions, terms and conditions including any applicable charges or costs. No refunds are offered on any goods or services designated or intended as final sale or non-refundable or partially or fully consumed or used. For refundable goods and services, you may request a refund by contacting us onboard or via the contact details provided below.
6. Warranties and Disclaimers. ALL GOODS AND SERVICES OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; (D) WARRANTY FOR SUITABILITY OR SAFETY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY UNDER THESE TERMS, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GOODS AND SERVICES YOU HAVE ORDERED. THIS LIMITATION OF LIABILITY IS NOT MEANT TO SUPPLANT, SUPERSEDE, OR OTHERWISE TAKE THE PLACE OF THE LIMITATION OF LIABILITY PROVISIONS PRESENT IN YOUR APPLICABLE GENERAL BOOKING TERMS & CONDITIONS, OTHER APPLICABLE TERMS AND CONDITIONS, OR UNDER YOUR STATUTORY RIGHTS WHICH SHALL PREVAIL TO THE EXTENT THIS LIMITATION OF LIABLITY PROVISION CONFLICTS, CONTRADICTS, OR IS OTHERWISE IN CONFLICT WITH YOUR APPLICABLE GENERAL BOOKING TERMS & CONDITIONS, OTHER APPLICABLE TERMS AND CONDITIONS, OR UNDER YOUR STATUTORY RIGHTS.
8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these General Terms & Conditions for Purchases, for any failure or delay in our performance under these General Terms & Conditions for Purchases when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Privacy. Our Privacy Policy, https://www.travelhx.com/en/terms/privacy-policy/ governs the processing of all personal data collected from you in connection with these General Terms & Conditions for Purchases.
10. Notices. (i) To You: We may provide any notice to you under these General Terms & Conditions for Purchases by sending a message to the email address you provide which will be effective when we send the email. It is your responsibility to keep your email address current. (ii) To Us: To give us notice under these General Terms & Conditions for Purchases, you must provide written notice by personal delivery (which will be effective immediately) or by registered/recorded delivery mail or courier to: General Counsel, HX, 1st Floor, 210 Pentonville Road, London, N1 9JY, UK (which will be effective upon its recorded delivery).
11. General. (i) Failure by a party to enforce any right or provision of these General Terms & Conditions for Purchases will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorised representative of a party. (ii) You will not assign any of your rights or delegate any of your obligations under these General Terms & Conditions for Purchases without our prior written consent and any purported assignment or delegation will not be effective. (iii) These Terms do not and are not intended to confer any rights or remedies upon any person other than you. All parent, subsidiary, affiliate, and successor companies and assigns of HX and their officers, directors, employees, and agents are intended third-party beneficiaries of this agreement. (iv) If any provision of these General Terms & Conditions for Purchases is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
12. Governing Law, Venue, and Jurisdiction. All matters or disputes whatsoever, including those arising out of or relating to these Terms are governed by and construed in accordance with the governing law, venue, and jurisdiction provisions contained in your General Booking Terms & Conditions or other applicable terms and conditions and if none apply then the applicable governing law shall be the law of England and Wales and if you bring a claim against us you submit to the non-exclusive jurisdiction of the courts of England and Wales. We can bring a claim against you in the courts of the country you live in. The law of England and Wales will apply in all cases.
Contact details: HX Cruises Ltd E-mail: [email protected] Phone: +44 2045711382