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Website Terms and Use



Last Revised on4 April 2019

 

These Terms of Use only apply to bookings made on https://airasiago.com.au(“Website”) for air transport services, accommodation reservations, car rental, activities bookings andaccommodation booked as a Package Holiday. All travel services booked separately on www.airasia.com will be governed by Air Asia’s terms of use.

 

AGREEMENT BETWEEN CUSTOMER AND US.

Welcome to the airasiago.com.au website. The Website is owned and operated by Expedia, Inc. ARBN 138 063 573, a Washington corporation – of 333 108thAvenue NE, Bellevue, WA 98004, USA (“we”, “us”, and “our”). Reference to the term Website shall include access to this Website via desktop, laptop, mobile devices and/or any other device capable of connecting to the Internet. This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related products and services, making legitimate bookings (whether through the Website or the associated call centre) or otherwise transacting business with travel suppliers, and for no other purpose (together the “Services”). The term "you" refers to any person visiting the Website and using or seeking to use any of the Services.



This Website and the associated Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read these Terms of Use carefully. By accessing or using this Website, booking any reservations for travel-related products or services displayed on this Website, or contacting our call center (“Service Centre”) representatives, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our Service Centre representatives. We reserve the right at any time, at our sole discretion, to replace, change or otherwise modify the Agreement without prior notice by posting the revised version of this Agreement on the Website, and your continued access or use of this Website and the Services on and from the date it is posted to the Website signifies your acceptance of the replacement, updated or modified Agreement.



The information contained on this Website constitutes an invitation to treat and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to purchase the relevant travel-related products or services subject to these Terms of Use and any booking or carriage conditions of the relevant supplier. You acknowledge and agree that this Agreement constitutes a valid and enforceable contract that is formed outside of Australia only once payment has been processed electronically by us. We will process your payment at a location outside of Australia using secure methods.



USE OF WEBSITE

As a condition of your use of this Website and any of the associated Services, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website only in accordance with these Terms of Use;
  4. you will not use this Website for any purpose that is unlawful or prohibited by this Agreement;
  5. you will only use the Website and the associated Services to make legitimate reservations for you or for another person for whom you legally authorised to act;
  6. you will inform such other persons about the Terms of Use that apply to the reservations you make on their behalf, including all rules and restrictions applicable thereto;
  7. all information supplied by you on this Website or to a Service Centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information;
  8. if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

If considered necessary to protect the integrity and/or security of the Website and/or the Services, we retain the right, at our sole discretion, to deny anyone access this Website and/or the Services we offer, at any time and for any reason including, but not limited to, for violation of these Terms of Use.

PROHIBITED ACTIVITIES

The content and information on this Website (including, without limitation, price and availability information relating to travel products and services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from this Website. In addition, you agree not to:

  1. use this Website or its contents for any commercial purpose;
  2. use another person's name, ID or password without permission or use this Website while impersonating another person;
  3. use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
  4. make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
  5. make reservation for travel-related products or services or other products on this Website for the purposes of resale;
  6. copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without our express written permission, except where permitted by law;
  7. access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;
  8. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  9. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  10. post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time;
  11. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
  12. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Ifwe suspect that you have breached the Terms of Use (including without limitation if you have made multiple reservations on the Website and we consider (acting reasonably) that any such reservations are for the purposes of reselling) or your reservation or account shows signs of fraud, abuse, or suspicious activity, we may cancel any reservations associated with your name, email address, or account, and close any associated accounts.  If such reservations cancelled are non-refundable bookings, we reserve our right not to refund you for the cancelled reservations. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact us.

SUPPLIER RULES AND RESTRICTIONS

The information displayed on this Website concerning specific travel products and services is provided to us by the relevant travel suppliers (such as airlines or hotels) or their agents (“Third Party Suppliers”). This includes, but it not limited to, information about airfare and hotel prices, rules and availability and the description of hotels and their amenities. We are not responsible for such information and we rely on the accuracy of the information supplied by the relevant Third Party Suppliers. If we become aware that the information provided by a Third Party Supplier is incorrect in any way, we reserve the right to correct any information (including, but not limited to, pricing information) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation.

Additional terms and conditions imposed by Third Party Suppliers may also apply to your reservation and purchase of travel-related products and services, and we will advise you of these additional terms and conditions where the relevant Third Party Supplier provides them to us. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any Third Party Supplier with whom you elect to deal including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant Third Party Supplier's rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Some Third Party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Third Party Supplier's rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel services and/or activities, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.

We do not operate or control the travel-related products and services displayed on the Website. Nor do we act as co-vendors with Third Party Suppliers with whom our customers book travel products or services.

You may be offered the opportunity to book a reservation for a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes You to make changes to the other flight, You will be responsible for any fees incurred for making changes to the unaffected flight.

 

HOW OUR SORT ORDER IS DETERMINED

 

As a travelers shopping on The Website, you have many options on to help you find the perfect hotel, flight, car rental, cruise or activity. The “sort” settings allow you to order search results to your preference, whether based on price, verified review score, or other criteria.  The “filter” settings also allow you to include or exclude various options to suit their travel needs.  If no options are selected, we will show a range of relevant options in the search results, based on the criteria outlined below:

  • Lodging: Our default sort order reflects the relevance of properties to your search criteria, as we want to make sure you are able to quickly and easily find the offer that is right for you.  We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travelers on our sites make bookings at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting your chosen search criteria. The compensation which a property pays us for bookings made through our sites is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above.  On our non-default sorts (for example, if you sort by price or by star rating), we will order properties with similar results based on the factors above.
  • Flights: Our default sort order is based on lowest price.  In cases where two flights have the same price, the shorter flight is listed first.
  • Car Rental: Our default sort order is primarily driven by price, but we may consider other relevant factors such as popularity, customer reviews, convenience of pickup location, and car type or category.
  • Cruise: Our default sort order is based on a number of relevant factors such as cruise line rating, ship rating, price per day, origin rating, destination rating, length of cruise, and booking window.
  • Activities: Our default sort order is manually curated by our destination managers familiar with each market, taking into account such factors as price, popularity, distance from hotel options, and traveler feedback.
  • Vacation Packages: When combining several different travel products into a vacation package, we use the criteria outlined above to determine the sort order for each product.

 

Additionally, we continually optimize our service to provide you with the best experience.  Accordingly, we may test different default sort order algorithms from time to time.

PRIVACY POLICY

Please click here to review our current Privacy Policy, which also governs your use of the Website, and is incorporated by reference, to understand our practices.

ACCOMMODATIONS

Some accommodation providers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant accommodation provider are unrelated to any payment made through the Website for your hotel booking. Note: In the event that you book a reservation for accommodations (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). We are not liable for any costs incurred due to relocation.

ROOM LIMIT

You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact us directly. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a non-refundable deposit.

FARES AND PRICES

WHERE THE HOTEL AND FLIGHT ARE BOOKED TOGETHER IN ONE SINGLE BOOKING, NO CHANGE OR CANCELLATION IS PERMITTED.  IF YOU WISH TO CANCEL OR CHANGE THE WHOLE OR ANY PART OF YOUR RESERVATION, THE TOTAL AMOUNT PAID WILL BE FORFEITED.

 

Subject to the Note below, you acknowledge and agree that your debit or credit card will be charged by Our Companies or the supplier(s) with which your booking is made (as applicable) for the total booking price of the travel services in full at the time of the booking, which includes the price displayed on the Website, plus tax recovery charges, and service fees. “Our Companies” refer to us and our corporate affiliates collectively. “Corporate affiliates” shall mean any entity (whether a person, corporation, partnership or otherwise) that directly or indirectly, controls, are controlled by, or are under common control with us. An entity shall be deemed to be in "control" of another entity when it holds fifty (50%) percent or more of voting shares in that entity or has management control of that entity).

Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.

In the event that you book accommodation (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation).

 

Prices and fees for some low-cost flights originating overseas, or additional baggage fees for certain airlines, may be in another currency (e.g. EUR), for which we will provide an estimate for in the default currency of this Website, or selected preferred currency (if applicable). The actual amount charged by the low-cost airline may slightly differ due to varying exchange rates applied by different card issuers. In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates and card issuer fees.

 

We do not charge an amendment fee for changes made by you on any bookings except air bookings, where we do charge an amendment fee. However, the relevant Third Party Supplier may charge a fee in connection with any changes, which will be payable by you (if any). The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you booked the products or services.

PAY ONLINE NOW OR PAY LATER AT HOTEL

With certain hotels, you may be presented with the option to pay online now ("Pay Online Now") or pay later at the hotel ("Pay Later at Hotel"). If you select the Pay Online Now option, your credit card will be charged by one of Our Companies (for example, Travelscape) immediately. If you select “Pay Later at Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Please note that for a Pay Later at Hotel booking, tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee. Additionally, please note that our coupons may only be applied to Pay Online Now bookings.

If you are a business traveller and book using the Pay Online Now option (where available), you will not receive a tax invoice for your booking. Some of Our Companies are not required to issue tax invoices for the Pay Online Now option. If you book using the Pay Later at the Hotel option, you should receive a tax invoice from the hotel at the time of your stay. If you require a tax invoice, we recommend that you book using the Pay Later at Hotel option (where available).

PAY LATER AT HOTEL (POSTPAID HOTEL RESERVATIONS)

Pay Later at Hotel is a postpaid hotel reservation. In the event that you book a postpaid hotel reservation, you acknowledge and agree that the total quoted price will be payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). The accommodation provider may charge you additional costs for expenses incurred during your stay. If you wish to cancel or change your booking, you must notify us within the cancellation policy period applicable to the relevant hotel (which varies by hotel), or you will be charged the full cost of your stay. In the event you do not show up for the first night of the booking and plan to check-in for subsequent nights in your booking, you must confirm the booking changes with us no later than the date of the first night of the booking to prevent cancellation of your booking. You are responsible for any cancellation or change fees that you incur. Some hotels do not permit changes to or cancellations of bookings after they are made, as indicated in the rules and restrictions for the hotel booking.

PAY ONLINE NOW (PREPAID HOTEL RESERVATIONS)

Pay Online Now is a prepaid hotel reservation. In the event that you book a prepaid hotel reservation, you acknowledge that Our Companies pre-negotiate certain room rates with hotel suppliers. For certain bookings within the United States and Canada, for instance, the room rate displayed on the Website is a combination of the pre-negotiated room rate and compensation retained by Our Companies for our services. For some prepaid hotel reservations, one of Our Companies, such as Travelscape, may be the facilitator of your room reservation and also the merchant of record for your Pay Online Now booking. You authorize Our Companies to facilitate reservations for the total reservation price, which includes the room rate displayed on the Website, plus any tax recovery charges, service fees, and where applicable, taxes on Our Companies’ services. You agree that your credit card will be charged by one of Our Companies (for example, Travelscape) for the total reservation price. Upon submitting your reservation request you authorize Our Companies including Travelscape, LLC. to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Our Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax (VAT), goods and services tax (GST), etc.) that Our Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice Our Companies for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of Our Companies act as co-vendors with the suppliers with whom we book or reserve our customers’ travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Our Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc., in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by Our Companies for our services vary based on the amount and type of hotel reservation.

Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation (which vary by hotel). If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, the full cost of your stay will be non-refundable. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. Some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation.

You agree to make payment at the time of booking via a debit to your nominated credit or debit card. The amount charged will be the amount shown on our booking page prior to you clicking the Pay Online Now button on that page. Upon submitting your booking request, you authorize one of Our Companies, (for example, Travelscape), to facilitate the relevant hotel booking, including making payment arrangements with the relevant hotel supplier.

BOOKING, CANCELLATION AND AMENDMENT CHARGES

If you want to change any details of your itinerary booked through the Website or the Service Centre (such as changing to a different hotel or changing your departure date or airport), we will do our best to help but cannot guarantee that changes will be permitted by the relevant Third Party Supplier. You should call our Service Centre on +61 2 9009 7930.

Requests for a refund of monies paid for any travel products or services booked through the Website or the Service Centre will be governed by the terms and conditions of the relevant Third Party Supplier, and we are not responsible for, and do not have any control over, such terms and conditions. In particular, you are advised that many airfares are non-refundable and you must check the terms and conditions applicable to the relevant airfare before proceeding with the booking.

We do not charge an amendment fee for changes made by you on any bookings except air bookings, where we do charge an amendment fee. However, the relevant Third Party Supplier may charge a fee in connection with any changes, which will be payable by you (if any). The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you booked the products or services.

PAYMENTS AND FEES

Payment for your car rental booking is charged directly by the travel service provider and not Our Companies.  

 

Many bank and credit/debit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

CURRENCY CONVERTER

Because in certain instances we receive the price from our suppliers in a foreign currency, the price displayed in search results may vary by a nominal amount from the price displayed at checkout due to the effect of foreign currency conversion. This amount will not exceed 10 Australian cents. The actual amount charged to your credit or debit card is the amount displayed at checkout. If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Our Companies and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

SPECIAL DEALS

From time to time, special deals or vouchers may be displayed on this Website. Such special deals and vouchers are available for a limited time only. You must check with us as to whether a special displayed on this Website is still available. Additional terms and conditions may apply to special deals or the use of vouchers. You must check this Website or the third party provider of the special deal to determine whether any particular terms and conditions apply.

CONDITIONS FOR USE OF DISCOUNT COUPONS

Discount codes ("Coupons") may be applied to prepaid hotel bookings, excluding bookings at non-participating hotels whose list will be made available along with each specific Coupon. Participating hotels are subject to change at any time. Unless stated otherwise in a particular Coupon’s terms & conditions:

  1. The Coupon is personal to you, can only be used once and will be deemed fully redeemed and expired once a qualifying booking has been made. Where the Coupon is for hotel bookings only: Coupon may be applied to a pre-pay hotel-onlybooking (not a hotel booking in combination with any other product such as flight + hotel or flight + hotel + car)made online with this Website. The Couponcan only be used for pre-pay bookings and cannot be redeemed against bookings which are paid at the destination. 
  2. Where the Coupon is for package bookings only: Coupon may be applied to flight+hotel package bookings made online with this Website. This Coupon may not be used for other package bookings (e.g. flight + hotel + car packages or packages offered by third parties), hotel-only bookings, or flight-only bookings. The Coupon can only be used for pre-pay bookings and cannot be redeemed against bookings which are paid at the destination.
  3. Unless stated otherwise in a particular Coupon’s terms and conditions, the Couponcannot be redeemed against bookings which are not for Eligible Hotels. An “Eligible Hotel” refers to a participating hotel labelled “Expedia Rate” which is not on the exclusion list in https://www.airasiago.com.au/g/rf/coupon-exclude-hotels(”Exclusion List”) and for which payment is made at the time of booking to Expedia. The Exclusion Listmay be amended fromtimeto time without prior notice.
  4. Provided that you spend the minimum spend stipulated in the Coupon, the Coupon entitles you to the Discountoff the price of the relevant travel reservation before the application of any taxes, tax recovery charges, applicable fees or additional costs.
  5. TheCouponcannot be redeemed against taxes, tax recovery charges, supplier fees, cancellation or change fees/penalties, administrative fees or other miscellaneous charges, which are the sole responsibility of the customer.
  6. The Coupon is valid only for the redemption period, for travel during the travel period, when booked on theWebsiteonly, and not on any other sites.
  7. Usual booking terms and conditions apply in accordance with these Terms of Use and all bookings are subject to availability.
  8. Only one Coupon per transaction may be used. In a multiple-room booking, the Coupon will be applied to only to the lowest priced room in the transaction.
  9. TheCouponmay not be used or combined with other coupons, promotions or special offers.
  10. TheCouponcannot be used for any booking previously made. The Couponhas no cash value and no refunds or cash alternative will be offered. There is no residual value and no credit will be issued if the purchase amount is less than the prescribed discount.  The Couponmay not be re-used, even in the event that you change or cancel the booking.
  11. TheCouponis void where prohibited by law and may only be used bylegal residents of Australia aged 18 and over.
  12. The Coupon may not be used by employees of our group companies or any other person professionally connected with this offer including, without limitation, travel agency affiliate program partners.
  13. Improper use of the Coupon by you including, but not limited to, publication or selling of the Coupon is prohibited, will result in the voiding of the Coupon, and may constitute fraud.
  14. This Couponmay not be transferred or sold. Coupon obtained through unauthorized channels, mutilated, altered, copied, forged, damaged, manipulated, or tampered with in any way will be deemed void.
  15. If we become aware, or has reason to suspect (in our reasonable opinion), that a customer: (a) has breached these coupon conditions; (b) obtained this Coupon from an unauthorized channel; (c) has used the Coupon with a view to re-selling any accommodation booked; (d) engaged in conduct which impacts on the fairness, integrity or proper conduct of this offer; or (e) otherwise acted fraudulently, we may, in our absolute discretion, cancel all bookings made by the customer using the Coupon without giving any reasons thereon. We reserve the right not to refund customers for the cancelled transactions, including any non-refundable bookings.  
  16. For avoidance of doubt, this Coupon can only be used by a customer making a booking directly on the Website, and cannot be used through or by a third party travel agent or intermediary.
  17. We reserve the right to vary conditions of use of the Coupon or to withdraw the Coupon at any time. Our decision is final in all matters relating to this offer. Terms and conditions of this Couponare as written and cannot be changed by any representation of any unauthorized person, including our employees.

FREQUENT FLYERS/TRAVELLER PROGRAM

If you are a member of an airline's or hotel's frequent travel or other reward or benefit scheme, please ensure that you have entered your correct program number in the special section featured in the booking engine at the time of your booking. We do not accept any responsibility if the relevant airline/hotel does not accept or does not register your booking for their program and you cannot earn points/miles. You are advised to retain copies of your boarding pass and any other proof of travel/purchase.

PASSPORTS, VISAS AND TRAVEL DOCUMENTATION

It is the responsibility of the traveller to ensure that he or she: (a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling; and (b) checks in by the required check-in time.

As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.

Passports are required for all travellers departing Australia, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months.

When purchasing air travel, the name on the passport must match the name on the ticket otherwise you may not be able to travel and insurance may be invalid. If, after purchasing products or services but before traveling, any member of your party changes their name you must notify the relevant carrier or us immediately so that the necessary changes can be made to your documentation.

It is the responsibility of the traveller to obtain information and advice on the visa requirements of the destinations you propose to visit. Australian citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel. Requirements may change and you should check for up to date information before booking and departure. We urge customers to review travel prohibitions, warnings, announcements and advisories issued by the relevant governments prior to booking travel to international destinations.

The above information and any links are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents.

The Australian Department of Foreign Affairs and Trade or any of its successors may be able to provide some assistance in relation to the passport and visa requirements for your destination.

TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travellers should review any travel prohibitions, warnings, announcements and advisories issued by the Commonwealth Department of Foreign Affairs and Trade prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the Australian Government's travel advisory and consular assistance service website currently located at http://www.smarttraveller.gov.au.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

By offering reservations for travel products to particular international destinations, we do not represent or warrant that travel to such points is advisable or without risk, and we are not liable for damages or losses that may result from travel to such destinations.

 

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to us by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, suggestions, comments, ideas or the like contained in any submissions (collectively, "Submissions") you grant us and our corporate affiliates and the affiliated, co-branded and/or linked website partners through whom we provide service a universal, non-exclusive, royalty free, perpetual, transferable, sub-licensable and irrevocable right to: (a) use, reproduce, modify, adapt, publish, translate, distribute, display, create derivative works from and otherwise communicate to the public such Submissions throughout the world in any form, media or technology; and (b) use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion. You further grant us the right to pursue at law any person or entity that violates your or our or our affiliates’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published. If you do not accept these Terms of Use, please do not provide us with any Submissions.



You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that we have the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

From time to time we may offer customers incentives to leave reviews (i.e. discount coupon/entry into prize draws etc.). As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.

All photos submitted are subject to our Photo Submission Guidelines,available below. You agree to indemnify us and our affiliates for any loss, claim, suits, and proceedings arising out of or in connection with your failure to adhere to our Photo Submission Guidelines.


We claim no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

Our policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the sections titled “Account Termination”, “Notice of Infringing Material”, and “Counter Notices”.

PHOTO SUBMISSION GUIDELINES

Any photos you submit must be:

  • On topic– All photos must be relevant to accommodation, restaurant, location, or general travel experiences.
  • Community/family friendly
    • Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
    • Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
    • Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
    • Children under 13 may not submit photos or other materials.
  • Original– You may only submit your own photos. Do not submit photos from any other source (personal or commercial). Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
  • Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
  • No harmful files– Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to our computers and systems and/or those using it.

COMPLAINTS

We will try and settle any complaints quickly and fairly and all correspondence should be sent to:

Expedia, Inc.
333 108thAvenue NE
Bellevue, WA
98004 
Attn: Customer Service

DISCLAIMER

The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, Our Companies and any business partner for which the Website may be provided (“Our Partner”) do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the hotel, air, cruise, car and other travel products displayed on this Website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers.

 

To the maximum extent permitted by law, Our Companies, Our Partner and their respective Third Party Suppliers make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Our Companies or Our Partner. All such information, software, products, and services are provided "as is" without warranty of any kind. We are under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.


To the maximum extent permitted by law, Our Companies, Our Partner and their respective suppliers disclaim all warranties and conditions, whether express or implied, that this Website, its servers or any email sent from Our Companies, Our Partner and/or their respective suppliers are free of viruses or other harmful components.


To the maximum extent permitted by law, Our Companies, Our Partner and their respective suppliers hereby disclaim all warranties and conditions, whether express or implied, with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title, and non-infringement, including that this Website shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.


Hotel ratings displayed on this Website are intended only as general guidelines, and Our Companies and Our Partner do not guarantee the accuracy of the ratings. To the maximum extent permitted by law, Our Companies, Our Partner, and their respective suppliers make no guarantees about the availability of specific products and services. Our Companies, Our Partner and/or their respective Third Party Suppliers may make improvements and/or changes in this Website at any time.


The carriers, hotels and other suppliers providing travel products or services through this Website are independent parties and not agents or employees of Our Companies or Our Partner. Our Companies, to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Our Companies and Our Partner, to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.


Important: Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantee/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act of 2010 including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia.



LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Our Companies, Our Partner and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with any delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Our Companies, Our Partner and/or their respective suppliers have been advised of the possibility of such damages.


In relation to any liability which cannot be excluded by law or, despite the limitation above, if Our Companies, Our Partner or their respective suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law Our Companies’, Our Partner’s and/or their respective suppliers’ liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Our Companies in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (AU$100.00).


The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Our Companies, Our Partner, and/or their respective suppliers.


If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:

  1. in the case of products:
    1. the replacement of the products or the supply of equivalent products;
    2. the payment of the cost of replacing the products or acquiring equivalent products;
  2. in the case of services:
    1. the supply of the services again;
    2. the payment of the cost of having services supplied again.

INDEMNIFICATION

You agree to defend and indemnify Our Companies, Our Partner, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought:

 

  1. you or on your behalf in excess of the liability described above; or
  2. by third parties as a result of:
  3. your breach of these Terms of Use or the documents referenced herein;
  4. your violation of any law or the rights of a third party; or
  5. your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

COPYRIGHT AND TRADEMARK NOTICES

If you are aware of an infringement of any of our trademarks, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address.

 

ACCOUNT TERMINATION

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing is on the Website, such as a link to the infringing material.
  3. Your address, email address and telephone number.
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this website should be emailed to expcopyright@expedia.com for the fastest resolution.

You may also send us your notice by fax to (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact information below:

Expedia, Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108thAvenue NE
Bellevue WA 98004 

COUNTER NOTICES

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

  1. Identification of the specific content that was removed or disabled and the location that content appeared on our Website before it was removed or disabled. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  4. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of mistake or misidentification.”

Sign and send the written communication to the following address:

Expedia, Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue WA 98004

 

OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints.  For any additional questions regarding the DMCA process for us, please contact us at (425) 679-3751.

 

PATENT NOTICES

One or more patents owned by Our Companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.

MAP TERMS

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:


http://privacy.microsoft.com/en-us/default.mspx 
http://www.microsoft.com/maps/assets/docs/terms.aspx; 
http://www.google.com/privacy/privacy-policy.html; 
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html; 
http://www.maps.google.com/help/legalnotices_maps.html; 
http://maps.google.com/help/terms_maps.html

 

OpenStreetMap geo data used in mapping is © OpenStreetMap contributors and available under the Open Database License (ODbL)

 

GENERAL


This Website is owned and operated by Expedia, Inc. and this Agreement is governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of this Website or any bookings made or information provided through our Service Centre representatives. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this paragraph.


We may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Our Companies as a result of this agreement or use of this Website.


Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.


If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.


This Agreement (and any other terms, conditions or policies referenced herein) constitutes the entire agreement between you and us with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is for convenience only. In the event of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.

 

Any rights not expressly granted herein are reserved.


REGISTRATIONS

 

Seller of Travel: Expedia, Inc. is a registered seller of travel in each of the States listed below:

California registration number: 2029030-50

Florida registration number: ST-31901

Hawaii registration number: TAR-5461

Iowa registration number: 601

Nevada registration number: 2002-0758

Washington registration number: 601975803

Registration as a seller of travel in California does not constitute the state's approval.

New York State Tax Registration

 

Our New York sales tax vendor registration number through Travelscape (d/b/a Expedia Travel) is 880392667 and New York City hotel occupancy tax registration number through Travelscape (d/b/a Expedia Travel) is 033960. 

Please click here for additional information:

New York State Certificate of Authority

New York City Certificate of Authority

 

©2019 Expedia, Inc. All rights reserved.

 

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