Terms of Use
1. About this Website
Your use of the services, information text, graphics and materials provided via or on the BrisbanetoSydney.com website ('Material on this website') is governed by these Terms of Use and our Privacy Statement. By using this website you agree to be bound by these Terms of Use.
In addition to the Terms of Use contained in this document, other terms or conditions may apply to your use of the BrisbanetoSydney.com website, parts of the BrisbanetoSydney.com website, or to products and services offered or acquired via the BrisbanetoSydney.com website. You will be bound by these additional terms or conditions, as applicable.
2. Links to Other Websites
The BrisbanetoSydney.com website may contain links to third party websites. BrisbanetoSydney.com does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, BrisbanetoSydney.com makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.
3. Privacy
Your privacy is very important to BrisbanetoSydney.com. Please read our Privacy Statement for details on how we collect and handle your personal information.
4. Standard supplier terms and conditions apply
- (a) All products and services acquired by you via the BrisbanetoSydney.com website are subject to these Terms of Use and the terms and conditions of supply issued by the relevant product or service provider or supplier. All tickets, vouchers and reservations are issued or made subject to the terms and conditions of the relevant product or service provider or supplier.
- (b) All applications for travel or for other products or services made via the BrisbanetoSydney.com website are subject to and must comply with BrisbanetoSydney.com's normal approval criteria, and any further conditions notified by BrisbanetoSydney.com to you from time to time or on the BrisbanetoSydney.com website.
5. BrisbanetoSydney.com product information and acquisition of products and services
1. The BrisbanetoSydney.com website contains both information of a general nature about BrisbanetoSydney.com and BrisbanetoSydney.com's products and service.
2. Where the BrisbanetoSydney.com website enables you to purchase travel products or services:
- (a) we may enter into a binding contract for the provision of travel or other related products or services through a process in which BrisbanetoSydney.com makes an electronic offer via the BrisbanetoSydney.com website and you electronically communicate your acceptance of that offer via the BrisbanetoSydney.com website;
- (b) BrisbanetoSydney.com may act on and process all completed electronic instructions, messages, requests or communications issued or transmitted to BrisbanetoSydney.com via the BrisbanetoSydney.com website (each an 'Electronic Instruction') without further confirmation from or reference to you; and
- (c) BrisbanetoSydney.com may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instruction, or to verify the accuracy and completeness of such Electronic Instruction.
3. In order to acquire travel products and services via the BrisbanetoSydney.com website, you must be at least 18 years of age.
4. If payment is made by credit card you must be the credit card holder for any travel products and services which you attempt to acquire.
5. Creating a binding contract with Contal Travel via the BrisbanetoSydney.com website is a two step process:
- (a) The first step is to create or compile an itinerary or schedule containing the products or services you wish to acquire. Upon completion or selection by you of all required products and\or services, the BrisbanetoSydney.com website will provide you with a quote and availability guide for the products and services selected.
- (b) If you wish to acquire the travel products or services selected then, upon completion by you of all required details, you must accept the quote and a binding agreement will be created, with a corresponding Contal Travel booking number assigned.
6. When entering into a contract via the BrisbanetoSydney.com website, you will be taken to have communicated your acceptance to an offer from Contal Travel only when:
- (a) the Electronic Instruction containing the acceptance from you enters and is recorded in the relevant Contal Travel database;
- (b) a record is created and stored in the relevant Contal Travel database; and
- (c) a Contal Travel booking number is generated.
7. The parties will not be bound by the terms of a contract created via the BrisbanetoSydney.com website until the Electronic Instruction containing the acceptance from you to Contal Travel's offer has been received by BrisbanetoSydney.com in the manner specified in this clause.
8. You acknowledge that the transmission of your acceptance through an Electronic Instruction may not be received by BrisbanetoSydney.com in accordance with this clause for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, Contal Travel is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the BrisbanetoSydney.com website or any failure to receive an Electronic Instruction for whatever reason.
9. Where a transaction is entered into between Contal Travel and you via the BrisbanetoSydney.com website, a booking number will be issued by Contal Travel. However, a binding agreement between us is not conditional on the issuance or receipt by you of a booking number. Therefore, the failure by you to receive a booking number from Contal Travel does not invalidate or otherwise prejudice the existence of a contract or transaction entered into using the BrisbanetoSydney.com website.
10. Contal Travel may issue a paper confirmation of the products or services acquired by you. The existence of a binding contract is not conditional on Contal Ttravel issuing, or you receiving, a paper confirmation of the transaction.
11. You are responsible for ensuring that you receive a booking number and should contact Contal Ttravel if one is not received.
6. Features, packages, programs and information
1. The BrisbanetoSydney.com website may contain or make available various tools, packages, software programs, fare-finders, games or other features. The BrisbanetoSydney.com website may also contain helpful hints, travel tips, travel advice, or other information or material.
2. Whilst BrisbanetoSydney.com has made every effort to ensure that any such features or information as described in (1) above are accurate and free from defect, BrisbanetoSydney.com does not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an "as is" basis. The use by you of any of these features or any information provided by BrisbanetoSydney.com is entirely at your own risk.
7. Payments
1. All payments for any travel or related products or services acquired from Contal Travel must be made in full by clear funds before the booking will be processed.
2. Unless provided for otherwise, all payments referred to in (1) above may be made by credit card issued in your name (American Express, Visa, MasterCard or BankCard). You must therefore provide Contal Travel with all required credit card details. Contal Travel may securely store your credit card number for security and verification purposes, or as part of your profile if you request Contal Travel to do so.
8. Prices and invoice errors
- (a) Contal Travel endeavours to ensure that all prices listed on the BrisbanetoSydney.com website are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, Contal Travel reserves the right, up to and including the date of departure, to adjust any fees, charges or prices as necessary, even if the products or services acquired have been paid for in full, to reflect such cost increases passed onto Contal Travel.
- (b) Contal Travel reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the products or services acquired have been paid for in full.
9. Cancellation charges and alterations
Contal Travel reserves the right to charge you a $30 fee for each alteration or variation to a travel product or service once that product or service has been booked and fully paid for.
When making a cancellation any balance is held in credit to be used within 12 months from the date of first purchase.
10. Refunds for unused services
Contal Travel will not issue you with a refund for any tours, car hire, meals, sightseeing vouchers, coupons, transfers, pre-paid accommodation, theatre tickets or other tour services which are not used or utilised for any reason, including for reasons beyond your control such as illness, strikes or acts of God.
11. Lost or destroyed documents
Unless agreed otherwise, any lost or destroyed tickets, vouchers, coupons or travel documents can not be replaced or refunded.
12. Variation to products or services
Due to reasons beyond Contal Travel's control, Contal Travel may be forced to amend or alter a travel reservation or booking, even if the products or services affected have been confirmed by Contal Travel or paid in full. Contal Travel will notify you as soon as practicable after Contal Travel becomes aware of the need for an amendment or alteration to your travel reservation or booking and will propose alternate products, services or arrangements which are of the same standard as those originally booked. You must, as soon as possible after such notification by Contal Travel elect to either:
- (a) accept Contal Travel's proposed alternate products, services or arrangements; or
- (b) receive a refund of all monies paid to Contal Travel for the affected products or services, except for any amount which is withheld by a product or service provider other than Contal Travel. Failure to notify Contal Travel of your election within a reasonable time frame will be taken as an acceptance of Contal Travel's proposed alternate products, services or arrangements.
13. Message board facility
- (a) The BrisbanetoSydney.com website may provide a facility whereby you can provide or otherwise upload your information, content, comments or opinions onto the 'Message Board' component of the BrisbanetoSydney.com website ('Your Content'). Your Content will be publicly available to all users of the BrisbanetoSydney.com website. BrisbanetoSydney.com accepts no responsibility for third party use of your content.
- (b) Your content must not be illegal, misleading or deceptive, offensive, discriminatory, defamatory, pornographic or of any other category determined to be inappropriate by Contal Travel. You must own all intellectual property rights in and be permitted to upload to the BrisbanetoSydney.com website, your content.
- (c) Whilst under no obligation to do so, Contal Travel retains the right to review, edit, or remove from the BrisbanetoSydney.com website any of your content, in whole or in part, at any time and without notice to you.
- (d) By uploading your content to the BrisbanetoSydney.com website, you grant Contal Travel a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, license to use, republish and modify your content, including the right to sub-licence your content, in connection with the products or services of, or promotional activities of, Contal Travel and its related bodies corporate, including but not limited to use in any newsletters or publications of Contal Travel.
14. Warranties
Whilst every effort has been made to ensure that information is free from error, Contal Travel does not warrant the accuracy, adequacy or completeness of Material on this website. All information is subject to change without notice. Contal Travel does not guarantee that the BrisbanetoSydney.com website or any third party websites will be free from viruses, or that access to the BrisbanetoSydney.com website will be uninterrupted. All terms implied by law, except those which can not be lawfully excluded, are excluded.
15. Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, Contal Travel, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the services provided by Contal Travel through the BrisbanetoSydney.com website, any Material on this website, any third party material, or from access to the BrisbanetoSydney.com website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
The liability of Contal Travel for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the extent possible and at Contal Travel's option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
16. Indemnity
You indemnify and hold harmless Contal Travel in respect of all liability incurred by Contal Travel for any loss, damage, cost or expense, howsoever caused, suffered or incurred by Contal Travel as a result of your breach of these website Terms of Use, or your use of the BrisbanetoSydney.com website or any Material on this website.
17. Availability of the BrisbanetoSydney.com website
1. As electronic services are subject to interruption or breakdown, access to the BrisbanetoSydney.com website is offered on an "as is" and "as available" basis only.
2. You are responsible for ensuring that you have alternate contingency plans in place to enable you to conduct travel or other transactions by other means should the BrisbanetoSydney.com website be unavailable.
3. Contal Travel may impose limits or restrictions on the use you may make of the BrisbanetoSydney.com website. Contal Travel may withdraw the BrisbanetoSydney.com website at any time and without notice to you.
18. Copyright and trade marks
1. Copyright in the Material on this website is owned or licensed by Contal Travel.
2. Except where necessary for and incidental to viewing the Material on this website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of Contal Travel.
3. Third party trade marks are trade marks of the respective third parties.
19. Use of the BrisbanetoSydney.com website
You must not:
- 1. use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the BrisbanetoSydney.com website, or any of the content contained within, without BrisbanetoSydney.com's prior written permission;
- 2. use any device, software or routine to interfere or attempt to interfere with the proper working of the BrisbanetoSydney.com website or any transaction or process being conducted on or through it;
- 3. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BrisbanetoSydney.com website; or
- 4. reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the BrisbanetoSydney.com website.
20. Termination
These Terms of Use and your access to the BrisbanetoSydney.com website may be terminated at any time by Contal Travel without notice to you. All restrictions, indemnities and licences granted by you, and all disclaimers and limitations of liability by Contal Travel, will survive termination. However, upon termination, you will no longer be authorised to access the BrisbanetoSydney.com website.
21. Acceptance and changes to Terms of Use
1. You acknowledge and accept that your use of the BrisbanetoSydney.com website indicates your acceptance of these Terms of Use and the Privacy Statement.
2. These are the current Terms of Use. They replace any prior terms of use for the BrisbanetoSydney.com website published on the BrisbanetoSydney.com website to date.
3. Contal Travel may at any time vary the Terms of Use by publishing the varied Terms of Use on the BrisbanetoSydney.com website. Contal Travel is under no obligation to specifically notify you of any variation to these Terms of Use. You accept that by publishing the varied Terms of Use on the BrisbanetoSydney.com Website, that Contal Travel has provided you with sufficient notice of the variation. By your use of the BrisbanetoSydney.com website after any variation, you are taken to have accepted and assented to the new Terms of Use.
22. General
1. All prices listed on the BrisbanetoSydney.com website are in Australian dollars, unless otherwise indicated.
2. This agreement, the BrisbanetoSydney.com website, and the acquisition of products and services via the BrisbanetoSydney.com website, are governed by the laws of Queensland, Australia.
3. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them, for determining any dispute concerning this agreement, the BrisbanetoSydney.com website, or the acquisition of products and services via the BrisbanetoSydney.com website.
4. You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
5. Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
23. Linking to BrisbanetoSydney.com
Please contact us if you would like to link to any part of the BrisbanetoSydney.com website.
Version 1.2 - 27 August 2007
