Terms and Conditions
1. DEFINITIONS
Branded Site - refers to a site that is owned and
operated by a third party, and all or part of that site is branded into
the Vacation Australia Network. May also be used in plural to indicate
a collection of some or all such sites.
Linked Site - refers to sites that are are linked
to from the Vacation Australia Network that not part of the Vacation
Australia Network. May also be used in plural to indicate a collection
of some or all such sites.
Vacation Australia - refers to the company Vacation Australia Pty
Ltd, including but not limited to the business, its employees and
agents and its assets.
Vacation Australia Network - refers to the collection of
individual websites branded under Vacation Australia. Also refered to
as "the Network".
Vacation Australia Site - refers to any individual website that is
part of the Vacation Australia Network. May also be used in plural to
indicate a collection of some or all such sites.
2. TERMS OF USE
Please read these Terms of Use carefully before using the Network.
By using the Network, you signify your agreement to these Terms of Use.
If you do not agree with any of these Terms of Use, do not use the
Network.
Vacation Australia reserves the right, in its sole discretion, to
modify, alter, change, discontinue or otherwise update any aspect or
feature of the Network, including these Terms of Use, at any time
without notice. The headings used in these Terms of Use are used for
convenience only and do not limit or otherwise affect these Terms of
Use.
3. LINKED & BRANDED SITES
This site may contain links to other sites on the Internet.. The
Linked Sites are for your convenience only and you access them at your
own risk. Vacation Australia is not responsible for the content of any
Linked Site, and makes no representation or warranty regarding any
other web sites or the contents or materials on such sites. Inclusion
of a link in the Network does not imply Vacation Australia’s
endorsement of the site.
Some Linked Sites may be branded into the Network for aesthetic
reasons. Branded Sites are Linked Sites in every way, shape and form.
4. INTELLECTUAL PROPERTY
The contents of the Network, including but not limited to text,
graphics and icons are copyrighted materials owned or controlled by
Vacation Australia. Any of the trademarks, logos, trade names or
service marks displayed in the Network are registered and unregistered
trademarks of Vacation Australia. All rights reserved. Nothing
contained on the Network should be construed as granting, by
implication or otherwise, any license or right to use any trademark
displayed on this site without the written permission of Vacation
Australia.
5. DISCLAIMER/LIMITATION OF LIABILTIY
You expressly agree that use of the Network is at your own risk.
Vacation Australia does not warrant that the site will be uninterrupted
or error free; nor does Vacation Australia make any warranty as to the
results that may be obtained from use of this site, or as to the
accuracy or reliability of any information provided through this site.
The materials in Vacation Australia’s site are provided "as is" and
without warranties of any kind, either express or implied. To the
fullest extent permissible under law, Vacation Australia disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
Vacation Australia assumes no responsibility and shall not be
liable for any damages, claim loss or injury caused by any failure of
performance, error, omission, inaccuracy, interruption, deletion,
defect, delay in operation, virus, communication failure or use of this
site, whether for breach of contract, tortious behavior (including
strict liability), negligence or under any other cause of action. In no
event will Vacation Australia be liable in contract, in tort (including
for its own negligence) or under any other legal theory for any
damages, including without limitation, direct, indirect, incidental,
special, punitive, exemplary, consequential or similar damages,
including without limitation, lost profits or revenues, loss of use or
similar economic loss, arising out of the use of or inability to use
the Network or any site linked to from the Network.
6. PRICING
All prices displayed on the Network are indicative prices only and
may change at any point in time without notice. Actual prices may vary
from indicative prices displayed on the Network for a variety of
reasons, including but not limited to; seasonal variation, operator
price adjstments, special or unusual client requirements, changes in
government tariffs, regulations, taxes and fees.
Actual prices may be advised during communication with Vacation
Australia, or on request. Until a deposit has been processed and
confirmation issued, the price remains subject to immediate change
without notice. Some products offered on the Network may also attract
additional taxes, levys, tariffs and management fees which will be
payable at the time of use.
7. AVAILABILITY, BOOKINGS & HOLD PENDING
Availability enquiries will be answered by Vacation Australia on
behalf of the operator as accurately as possible. The response to an
availability enquiry will be passed on from the operator to Vacation
Australia and then on to our clients. Availability reports are subject
to immediate change without notice, and cannot be expected to remain
current over any period of time. Vacation Australia is will not be
liable responsible for the content of any availability responses as
this information is beyond our control.
On reciept of all required information, Vacation Australia will
complete your booking, pending availability. If there is doubt as to
the details of any booking request, a booking will not be made until
the request has been clarified. Any changes made after a booking has
been made may be subject to cancellation fees (see our cancellation
policy) and any applicable booking ammendment fees.
Hold Pending's (an unconfirmed reservation to temporarily secure
availability) will only be made in very specific circumstances at the
discretion of Vacation Australia, and will only remain in place for a
set period of time. An administration fee may be charged for placing a
hold. Hold Pending's are not placed automatically. When a Hold Pending
has been placed you will be told when it will expire.
8. DEPOSITS, BALANCES & SECURITY
In order to secure a booking, Vacation Australia will require full
payment, or at our discretion a nominated deposit only. Regardless of
how payment is made, a credit card may be required to secure a booking.
Where a credit card is required by an operator for security, the credit
card details will be passed on to that operator, your request to make a
booking in such circumstances will be taken as your authorisation to
pass your credit card details on to the operators. The booking and
cancellation policy of the operator will then determine if your credit
card will be charged, how much and when. Vacation Australia assumes no
responsibility for the booking and cancellation policies of the
operators.
In some cases operators will charge the balance of your booking to
your credit card. This may happen between seven and thirty days prior
to commencement of your booking, or at any other time as specified by
the operators booking and cancellation policy.
9. CANCELLATION POLICY & REFUNDS
If you decide to cancel your travel plans before paying a deposit,
there is no cancellation fee as no booking has been made. If you decide
to cancel your booking after paying a deposit a cancellation fee will
occur. You may be entitled to a refund.
This is Vacation Australia's general cancellation policy: Full
payment required on booking. A deposit of 10% to 20% is non-refundable
(AU$50 minimum). 28 days prior to start date 50% is non-refundable,
cancellation within 7 days of the start date the full amount is
non-refundable. The actual cancellation policy for a specific product
will also take into account the operator's cancellation policy. As
such, cancellation may result in loss all or part of any amounts that
you have paid. This will depend on the booking and cancellation
policies of the operator over and above our own.
All refunds resulting from cancellations may be subject to an
administration fee, any charges incurred in securing your booking and
any charges or penalties imposed by the operator. Vacation Australia
assumes no responsibility for the booking and cancellation policies of
the operators.
9.a Refunds: No refunds will be made for services once travel
arrangements have commenced. No guarantee is provided or warranted that
any refund will be available. All refund requests must be in writing.
Claims must be made within 7 days of completion of travel. Refunds will
not be made for bookings cancelled due to inclement weather or illness,
these must be claimed through your travel Insurance.
9.b Reporting of Incidents: Any abnormal incidents including, service
problems, non fulfillment of operators obligations, cancellation of a
service or dissatisfaction must be reported to Vacation Australia
immediately after (within 24 hours) the tour to allow us an opportunity
to rectify the situation or provide assistance. :
No refunds will be made for services once travel arrangements have
commenced. No guarantee is provided or warranted that any refund will
be available. All refund requests must be in writing. Claims must be
made within 7 days of completion of travel. Refunds will not be made
for bookings cancelled due to inclement weather or illness, these must
be claimed through your travel Insurance. : Any abnormal incidents
including, service problems, non fulfillment of operators obligations,
cancellation of a service or dissatisfaction must be reported to
Vacation Australia immediately after (within 24 hours) the tour to
allow us an opportunity to rectify the situation or provide assistance.
10. INDEMNIFICATION
You shall defend and indemnify Vacation Australia and its
officers, directors, employees and agents from and against any claim,
cause of action or demand, including without limitation reasonable
attorney fees, brought by third parties as a result of your use of the
Network.
11. JURISDICTION
These Terms of Use shall be governed by, construed and enforced
with the laws in force in the State of Queensland, Australia. You agree
to submit to the exclusive jurisdiction of the courts in the State of
Queensland, Australia in the event of any claim or dispute arising
between you and Vacation Australia in connection with the Network. If
any provision in these Terms of Use shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from the remaining terms and shall not affect the validity and
enforceability of the remaining terms.
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Terms and Conditions
