Trade description ordinance

The amendment of Hong Kong Trade Description Ordinance

Cathay Pacific Airways (CX) and Cathay Dragon (KA) would like to remind all the travel agents that the amendment of Hong Kong Trade Description Ordinance (TDO) is in effect from 19 July 2013 which has broadened the scope of the TDO by:

  • extending the false trade descriptions offence to cover services;
  • creating a number of new unfair trade practices offences;
  • strengthening the enforcement mechanisms available to authorities;
  • giving a right to individual consumer to claim damages;
  • extending extraterritorial application.

Given that similar consumer protection legislations have been adopted in many other jurisdictions, please be reminded to comply with the applicable requirements under the TDO and any other applicable consumer protection laws when you sell or supply any products or services on behalf of CX / KA. In particular when travel agents sell any products/services for and on behalf of CX/KA, agents should ensure:

  1. They provide all materials and important information to customers about such CX and KA products/services (including, for example, pricing information, product features and availability), and the information should be provided in a clear and unambiguous manner, so that the customer can make a well informed transactional decision; and
  2. That any informatio nwhen provided/communicated on behalf of CX and KA to customers are accurate and true, and if they have any questions about any particular information provided by CX and KA, please contact CX and KA for any queries.

Dos

Travel agent must provide the full Trade Description, it includes any indication by whatever means direct or indirectly about how products/services is supplied, or its standard, quality, grade, availability (time and quantity) and price (including fares, taxes, fees, carriers imposed fees or how it may be calculated), terms for additional charges and payment, delivery arrangements and cancellation rights.

Travel agent must provide customers with accurate, truthful and relevant information about CX&KA services and products.

Travel agent must check and verify information about services/products before publishing or providing to consumers.

Don'ts

Do not give any service/products information to consumers if agents think it may not be true of accurate.

Do not omit or hide any material information in our promotions, sales terms and conditions and any other communication (in whatever means) to customers about our services/products.

Do not give/make any promises to consumers where agents have doubt as to whether agents can keep.