PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE
CostlessTravel Pty Ltd offers access to and use of our site to you subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our site, call center or printed materials, you agree to observe these Terms. If you do not agree with any information supplied or with any terms set hereunder, please DO NOT USE this site.
ABOUT THE 'WEB-SITE'
The 'WEB-SITE' is the CostlessTravel web site or one of its sub-sites and the ability to enter into transactions directly with us or with certain parties whose content appears on the site. You acknowledge that some of the material accessible through the WEB-SITE is provided by third parties, and we are not responsible for this material.
Where the 'WEB-SITE' provides the ability to enter into transactions with third parties we are not responsible for those third parties or the goods or services they offer. Airlines and other third party travel providers impose different terms and conditions on the sale of specific travel products featured on this site. You should carefully read all the terms and conditions specific to the product you are booking before finalising your travel transaction.
This agreement is governed by the laws in force in Queensland. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice.
By accessing, using or obtaining any content, data, materials, information, products or services through our site, you agree to observe and accept all of these Terms. If you do not accept all of these Terms, you may not use this site.
We, along with our travel and leisure service and information providers ("Providers"), own and have copyrights on our site and all of its contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our site, but you may download, display and print one (1) copy of the materials presented on our site on a single computer for your personal, non-commercial use. Trademarks, logos and service marks displayed on our site ("Marks") are our, and our Providers, registered and common law Marks. Your use of and access to our site do not grant you any license or right to use any of the Marks. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site.
2. USE OF SITE.
You may only use our site if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our site by you and anyone using your password and login information. You may only use our site to make legitimate reservations or purchases. You may not use our site: to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.
3. PASSPORTS & VISAS
You are responsible for obtaining all passport, visa and health information required. We will assist you to obtain such information; however, the final responsibility for obtaining the necessary information and complying with any passport, visa and health requirements remains with you.
4. TRAVEL SPECIFIC CONDITIONS
a) Fares & Pricing
Airfares and prices displayed on 'WEB-SITE' or when booking online or on this site do not include taxes or airport charges and are subject to Airline/ provider availability. The general booking form constitutes a request only and we do not guarantee fares or prices until the booking has been confirmed by one of our consultants and paid for. Airline/hotel/car availability, fare conditions and class of travel can change at any time. Routing restrictions and other special conditions may apply. Taxes, airport charges and any additional costs will be advised to you when your booking is confirmed. Bookings made through the OBE Online booking engine also constitute a request, and the correctness of this request in regards to abiding by the rules of the fare as stated is the responsibility of you, we do not guarantee the fare quoted until the booking is confirmed by one of our consultants . Airlines and other suppliers may change their prices without notice.
b) Booking Acknowledgement
Acknowledgement of your booking request will be sent via e-mail or telephone call within 48 hours of your request being received. Please ensure you check your e-mail regularly. Payment must be received within 48 hours of booking confirmation unless otherwise agreed by us the agent. Failure to pay for tickets within this time results in automatic cancellation of the booking. We accept no responsibility for loss incurred due to automatic cancellation or failure of e-mail delivery.
c) Travel Documentation
Passport, Visa and Health requirements are the responsibility of all individual travellers. Passports are required for all travellers departing Australia. Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. Many countries require that foreign nationals entering hold a passport with at least six months validity. CostlessTrave will not be held responsible for tickets lost by a third party, any charges associated with reissue and resending of documentation will be at your expense.
We cannot accept responsibility for any travel service, rules and conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and 'as is'. We do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaimer all implied warranties in connection with such data or services. In no event shall we be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any display within this site.
e) Booking Cancellation and Amendment Charges
Certain fees may be payable in respect of transactions entered into using the Service, as notified at the time of the relevant transaction. These fees may include cancellation fees and, where amendment is permitted, amendment fees. In some cases, Agents may charge cancellation and/or amendment fees in addition to those imposed by travel service providers. Unless otherwise notified to you at the time of entry into the relevant transaction, a minimum charge of $150 is payable to the Agent in respect of any cancellation, and, where amendment of a booking is permitted, a charge of $50 is payable to the Agent for each permitted amendment in addition to any applicable airline/operator fees. Before entering into a transaction, you should carefully check to see whether any other cancellation or amendment fees apply. These charges will be deducted from your credit card at the time charges are incurred. We reserve the right to refuse service to any client we feel is not genuine in their desire to transact with Yarra Valley Travel according to our terms and conditions. Excessive booking requests coupled with the repeated failure to complete transactions by providing requisite payments will be deemed deliberate time-wasting and, at our discretion, may result in the refusal to provide service.
Our site may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any Web site, including any site controlled by you, to our site.
7. WARRANTY DISCLAIMER.
WE AND OUR PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU FURTHER AGREE THAT GALILEO LLC AND ITS AFFILIATED COMPANIES ("GALILEO") PROVIDES THE GALILEO CRS (computer reservation system) SYSTEM AND ANY GALILEO PRODUCTS OR SERVICES ON THIS SITE TO YOU "AS IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY OR FREEDOM FROM VIRUSES OR ERRORS WITH RESPECT TO THE GALILEO SYSTEM AND ANY GALILEO PRODUCTS OR SERVICES; AND IN NO EVENT SHALL GALILEO OR ANY THIRD PARTY PROVIDER BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING IN ANY WAY FROM YOUR USE OF INFORMATION ON THIS SITE FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, MAKING TRAVEL RESERVATIONS.
8. LIMITATION OF LIABILITY.
WE AND OUR PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, act, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, unauthorised access to, theft, destruction, alteration or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other theory or cause of action.
You will defend and indemnify us and any Provider and each of our or their officers, directors, managers, employees and agents from and against any claim, cause of action or demand, including, without limitation, reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party or your use of our site.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. Your acceptance of these Terms and use of our site do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate or transfer your rights or obligations under these Terms. We may modify these Terms, at any time, by posting conspicuous notice on our site at least thirty (30) days before any modification becomes effective. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. You will review these Terms periodically. Your continued use of our site, following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms. Except as described in the preceding sentences, you and we can only modify these Terms in a written document signed or otherwise accepted by you and by us. Other terms and conditions may apply to your reservations, bookings and purchases of travel services through our site and to your use of other portions of our site. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replace any prior understandings or agreements (whether oral or written) regarding your use of our site. The laws of the State of Victoria, without regard to its conflict of laws rules, will govern these terms and conditions, as well as your and our observance of them. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the State of Victoria. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney's fees. You agree that you cannot bring and will not participate in any class action against us arising from or relating to your use of the site.
CostlessTravel Pty Ltd nor any of its third parties Providers make any promises or guarantees as to the accuracy, completeness, or adequacy of any delay or other air traffic management information on this site, and CostlessTravel Pty Ltd nor any of its third parties Providers expressly disclaim liability for any errors and omissions.
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