1 These Travel Terms and Conditions
1.1 This website www.detouru.com (this
Website) is owned and operated by Tripndestinations Pty Ltd, ACN 662
938 338 (Tripndestinations, we, us or our).
1.2 This page sets out the terms and conditions
(the Travel Terms and Conditions) under which you may pay for any
other product or service (Product and Service) offered for sale (Purchase)
on this website to you, a detouru Subscriber (a Subscriber).
1.3 Please read these Travel Terms and
Conditions carefully since they govern the terms of any Purchase by you.
1.4 By accepting these Travel Terms and
Conditions, a person so accepting (you or your)
offer to enter into a binding and enforceable agreement with us. The terms of
this agreement are the Terms of Use, being, collectively, the Subscriber Conditions,
the General Terms of Use, the Privacy Policy, the Competition Conditions, these
Travel Terms and Conditions, and any other notices, disclaimers and statements
contained on this Website (all collectively, the Terms of Use).
1.5 By accepting these Travel Terms and
Conditions you also accept these Travel Terms and Conditions on behalf of any
traveling companion(s), and/or guests (including minors and those under any
disability) (collectively, “Guests”), and agree that it is your sole
responsibility to inform any Guest or user of any Product and Service of these
Travel Terms and Conditions.
1.6 These Travel Terms and Conditions are
subject to change at any time at our sole discretion and without prior notice
to you (except where required by law).
1.7 By completing a Purchase, you acknowledge
and agree to be bound by any amendment to these Travel Terms and Conditions.
2 Product and Service
2.1 Product and Service offered for Purchase
may be provided by either of a subsidiary, or an affiliate of us, or by a
third-party provider (including, but not limited to airlines, cruise ship
operators, third-party suppliers, operators, and managers of accommodations,
travel services, and travel experiences), under contract with us, or an
affiliate of us (collectively referred to herein as “Provider”).
2.2 We do not provide any part of a Product or
Service and do not act as a co-vendor with a Provider with whom we reserve, book,
or purchase a Product and Service.
2.3 The terms and conditions of Purchase of any
Provider shall apply to you.
2.4 Please review these Travel Terms and
Conditions together with all terms and conditions, policies and procedures
supplied by any Provider of any Product and Service offered for Purchase,
including any terms set forth in any applicable confirmation or other e-mail
(collectively, Provider Terms).
2.5 We do not warrant to you either of the
suitability, safety, reliability or security of any Product and Service. It is
your sole responsibility to investigate and determine the suitability, safety,
fitness, credentials, and authority of a Provider to offer and provide a
Product and Service. You accept the sole responsibility to purchase, use and
participate in any Product and Service.
2.6 We do not guarantee, warrant or otherwise
represent that the price at which a Product and Service is offered for Purchase
is either the equivalent of or cheaper than that at which it may be Purchased
from another vendor.
2.7 Any information in relation to any Product
and Service may be the subject of change or deletion by us at any time.
3 Release of Legal Liability
3.1 By accepting these Travel Terms and
Conditions you expressly agree not to initiate, participate in, or have any involvement,
however described, or defined, in any claim, legal or class action, however
described, or defined, against either of a Provider or us.
3.2 We disclaim and you expressly release us
from any obligation, warranty, or liability, either express or implied, in
relation to any Product and Service, including in relation to the accuracy,
completeness and reliability of any information in relation thereto.
3.3 We disclaim, and you expressly release us
from any responsibility for, and the costs associated with, any damages, costs,
liabilities, property damage, personal injury or death relating to or arising
from the use of any Product and Service.
4 Purchase of Product and Service
4.1 A Purchase of a Product and Service will be
evidenced to you by way of documentation described as a Notification (the Notification)
being of such form and with such content as we may from time to time, and in
our sole and absolute discretion, decide.
4.2 The Notification will be sent to you at the
email address contained in your Subscribers Account.
4.3 A Purchase is not guaranteed until you
receive a Notification
4.4 It is your sole responsibility to review
and validate the information contained in the Notification for accuracy and completeness
including, where appropriate, that names are complete and reflect those on
citizenship documentation such as a passport.
4.5 You must notify us not later than 24 hours
after your receipt of the Notification of anything contained therein that is incomplete
or erroneous.
4.6 A failure to notify us of any erroneous or
incomplete information will constitute acceptance by you that the information contained
in the Notification is both complete and accurate.
4.7 Your Purchase may be denied if your
Subscriber Account is not in good standing.
4.8 Any Product and Service may only be used by
the person whose name(s) appears on the Notification.
4.9 A Product and Service may not be used for
any commercial purpose, sold, bartered, or exchanged for any other consideration
or for the purposes of establishing residency or permanent or semi-permanent
occupancy.
4.10 Any unauthorized commercial use including
but not limited of any transfer of any rights or benefits conferred pursuant to
any Purchase is grounds for the termination of your Purchase and\or the
immediate termination and closure of your Subscribers Account without a refund
or any further duty of care, obligation, or liability by us to you.
4.11 The price of a Product and Service offered
on this website is based upon the terms and conditions of this website and upon
the actual product description within each Product and Service. Government,
Municipal, and other Stautory Authority fees, fuel surcharges, and taxes are
additional to such price unless the price is expressly stated to include such
fees, surcharges, and taxes.
4.12 The price of Product and Service is
subject to change without notice. Additional costs and fees may apply. A
special price may not be applicable with other offers or promotions. All offers
of Product and Service are subject to availability. Other restrictions may
apply. A price may not be available at time of Purchase.
4.13 A Provider may retain a right to increase
the price (including, without limitation, taxes, service charges, airport
charges, and government fees), modify itineraries, change availability, and
change or discontinue promotions or special offers, at any time for any reason.
4.14 Any increase in price imposed on us by a
Provider will be passed on to you in full, and you agree to pay us for such
increase, unless otherwise stated in the terms and conditions of the Product
and Service.
4.15 Transaction and Processing Fees, however
described and defined, may be charged in relation to a Purchase, and are subject
to change, from time to time, at our sole discretion and without prior notice
to you. Additional service fees may also be charged as detailed in these Travel
Terms and Conditions.
4.16 We reserve the right, in our sole and
absolute discretion, and without notice to you, to retract any offer to sell a
Product and Service, and to reject any offer we receive from you to complete a
Purchase of a Product and Service.
5 Payment for a Product and Service
5.1 A Product and Service may be purchased with
any participating valid credit or debit card (Payment Method)
advised on this website as being approved and authorized for use by us.
5.2 The costs of a Purchase charged to your
Payment Method are usually processed on the same business day that you complete
a Purchase but may take up to three (3) business days to appear in your
account.
5.3 To facilitate a Purchase, we may charge
your Payment Method for Taxes and Fees.
5.4 Taxes and Fees may include an estimated
total that we will pay to a Provider for taxes and government fees it owes in connection
with your Purchase, including but not limited to, sales and use tax, occupancy
tax, room tax, excise tax, value added tax, and other applicable taxes.
5.5 The charge for Taxes and Fees may vary and
be based on several factors including, without limitation, the amount we pay the
Provider and the location of the provision Product and Service.
5.6 The actual tax amounts paid by us to a
Provider may vary from the amounts that we charge you for tax amounts, depending
upon the rates of the taxes and other matters in effect at the time of the
actual use by you of the Product and Service of a Provider.
5.7 A Provider is responsible for remitting
applicable taxes to the applicable taxing authority.
5.8 The costs of a Purchase, together with any
fees and charges are payable in the Currency identified on the Payments Page of
this website.
5.9 The Purchase price may have been calculated
by way of reference to a different currency(s) based on the location of the Product
and Service and converted from such currency to provide you an estimate of the
amount of the cost of the Purchase in your local currency. As a result, when
you complete a Purchase, the amount charged to your Payment Method may be
slightly different due to currency fluctuations.
5.10 We will make a reasonable effort to
contact you if there are any are any complications with the Payment Method that
you have used to complete a Purchase, but we reserve the right to cancel a
Purchase if a payment required is not made to us by the financial institution
that issued the Payment Method.
5.11 We will not be responsible for any costs,
liabilities or have any obligation to you if the financial institution that
issued the Payment Method cancels a Purchase. You will be solely responsible
for any costs or penalties calculated or assessed to be owing because of
payment for a Purchase not being made.
6 Amendment to or Cancellation of a
Purchase
6.1 A change to or cancellation of a Purchase
will be effective at the time of its advice by you to and receipt by us.
6.2 If you are entitled to a refund for any
part of the cost of the Purchase it may take up to 12 months for us to be
refunded by a Provider and paid into the account at the financial institution
you nominate for its receipt.
6.3 Fees and costs may be payable by you if you
seek to change any date described in, change the name contained on, or seek to
cancel a Purchase. The fees and costs payable will be identified and described
in or attached to the Notification and this website.
6.4 If a Purchase is, for any reason cancelled,
or not provided in full, by a Provider pursuant to its contract with you, and a
refund is due to you, the refund will be paid into the account at the financial
institution you nominate for its receipt within 30 days of its receipt from the
Provider by us. This may take a period of up to 12 months.
6.5 If we have not, at the time of cancellation
of all or part of the Purchase by you paid the Provider for the cost of the purchase,
then we will pay into the account at the financial institution you nominate for
its receipt, that part of the cost of the Purchase refundable to you within 20
business days of receipt of advice from you of the cancellation.
7 Documentation and Travel
Destinations
7.1 It is your responsibility to identify and
have in your possession any documentation as may be required to enter or leave any
country or use the facility of a Provider.
7.2 We assume no responsibility for and do not
represent or warrant the accuracy of any information or advice given regarding any
travel documentation.
7.3 We will not be liable for costs associated
with, any damages, or liabilities arising from any failure on your part to have
in your possession required documentation.
7.4 No refund will be issued to you if you fail
to present proper documentation and are refused entry to or departure from any
country or are refused any product or service by a Provider.
7.5 It is your responsibility to review travel
prohibitions, warnings, announcements, and advisories issued by a government or
such other authority where you reside, or are proposing to travel to, prior to
completing a Purchase, and when traveling to or being at any destination and to
identify the risks, and appropriateness of completing a journey to the
destination.
7.6 We do not represent or warrant that travel
to a destination or use of a facility is either appropriate for you, without
risk or advisable.
7.7 We will not be liable for any damages,
costs, liabilities, property damage, personal injury or death relating to or
arising from undertaking travel to any destination or the use of any facility.
8 Provider Fees and Charges
8.1 Depending on the type of Purchase you make,
you may be charged additional fees by a Provider, including, but not limited to:
(a) Certain mandatory Provider specific service
fees, including but not limited to resort fees, energy surcharges, newspaper
delivery fees, in-room safe fees, tourism fees, security deposits and/or
housekeeping fees; and
(b) Certain optional incidental fees, including
but not limited to parking charges, minibar charges, phone use charges, room
service charges and/or movie rentals; and
(c) Port expenses, specialty dining, show fees,
drink package costs, and/or additional activity costs; and
(d) Fees resulting from a violation of a
Providers rules and regulations.
8.2 You expressly understand and agree that a
Provider may charge you for any violation of its rules and regulations,
including but not limited to violations of the smoking and pet policies and any
damages to any property or facility caused by you or your guests.
8.3 A Provider may require you to put a Payment
Method on file prior to the use or receipt of a Product and Service to pay for other
costs and charges to the Provider upon completion of use or receipt of the
Product and Service.
8.4 You should contact a Provider directly to
determine what charges apply to your Purchase.
8.5 A Provider may charge additional sums such
as destination marketing fees that are collected by the Provider for payment, as
an example, to a local tourist bureau.
8.6 If you are a citizen of a country you
travel to, you may owe additional taxes to the Provider at the time of or after
using a Product and Service.
8.7 You should contact a Provider with any
questions regarding the specific taxes and fees or additional charges that may
be applicable to your Purchase which it will collect from you. It is your
responsibility to determine if any such additional fees, terms, conditions, and
restrictions apply to your purchase.
8.8 You are solely responsible for payment of
any applicable taxes, gratuities, personal expenses, utility charges, security deposits,
and other fees or charges levied by a Provider for the use of its amenities and
facilities.
9 Provider Terms and Conditions
9.1 You must occupy and use the facility of any
Provider in accordance with its terms and conditions of service.
9.2 In no circumstance may the total number of
people seeking to use or occupy the facility of a Provider exceed the total
number of people described on the Notification.
9.3 You are responsible for any acts and
omissions which result in any damage, theft, or loss caused by you or your
guests while using a facility of a Provider.
9.4 Some Providers such as airlines, car
rental, cruise operators and others may have terms and conditions of provision
of service which are not identified on this website.
9.5 These terms and conditions of service may
permit the Provider, without reason and at its sole discretion, to delay,
cancel, reschedule and other wise amend the availability, timing, composition
and quality of the Product and Service that you have Purchased.
9.6 It is your sole responsibility to identify
and understand these terms and conditions of service and decide whether you
wish to Purchase the Product and Service.
9.7 We do not warrant the availability of any
Product and Service from a Provider
9.8 We will not be liable for costs associated
with, any damages, liabilities or any other matter that may arise from the cancellation,
delay, reschedule of or other amendment to the Product and Service purchased.
10 Complaints about a Provider
10.1 A complaint about the facility of or
services of a Provider must be made to us in writing and by email to our
address, [email protected], at the earliest practical opportunity, but not
later than 24 hours after you have commenced use of the Product and Service.
11 Travel Insurance
11.1 It is your responsibility make your own
investigations and decide as to whether to purchase travel insurance for your
travel, and if making such purchase, to ensure that the insurance coverage you
purchase is suitable for you and is sufficient for your needs.
11.2 We may make available for Purchase through
this website Travel Insurance which is provided by a third party but make no representation
or warranty regarding the sufficiency or terms of any such travel insurance
offered.
12 Force Majure
12.1 If we should be prevented, hindered or
delayed in the performance of any obligation hereunder including, but not
limited to, providing any part or all of a Product and Service due to an Event
of Force Majeure (as defined below) beyond our reasonable control, then we
shall be excused from further performance and no refund of any amounts paid by
you will be made and you waive any and all claims against Us.
12.2 The term "Event of Force
Majeure", as used herein, shall mean
(a) an act of God or public enemy, fire,
explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared
war, revolution, insurrection, riot, act of piracy, act or threatened act of
terrorism, sabotage, blockade, embargo, accident, epidemic, pandemic, or
quarantine; or
(b) an action by a governmental authority which
prevents or delays performance of our obligations hereunder; or
(c) a civil disturbance , coup, attempted coup,
or
(d) a strike, lockout or other labor unrest
resulting from any cause and whether or not the demands of the employees involved
are reasonable or within our power to concede.
13 Governing Law and Jurisdiction
13.1 These Travel Terms and Conditions, their
subject matter and their formation, and your purchase of any Product and
Service, are be construed and interpreted in accordance with and are governed
by the law of New South Wales, Australia. You agree to submit to the
non-exclusive jurisdiction of the courts of New South Wales in relation to any
matter arising under or in relation to the meaning or application of these
Travel Terms and Conditions.
14 Interpretation
14.1 In these Travel Terms and Conditions,
except where the context otherwise indicates:
(a) Subscriber means a person who becomes a
Subscriber under our Subscriber Conditions;
(b) our Privacy Policy means the Privacy Policy
published on this Website, as in force from time to time;
(c) the General Terms means the General Terms
and Conditions published on this Website, as in force from time to time;
(d) the Terms of Use means, collectively, the
General Terms, the Subscriber Conditions, our Privacy Policy, these Travel Conditions
and any other notices, disclaimers and statements contained on this Website;
(e) the Travel Terms and Conditions means the
Travel Terms and Conditions published on this Website as in force from time to
time;
(f) the Subscriber Conditions means the
Subscriber Conditions published on this Website, as in force from time to time;
(g) the Competition Conditions means the
Competition Conditions published on this Website, as in force from time to time;
(h) Facility means a place, building or
equipment used for the purpose of providing in all or in part a Product or
Service;
(i) Product and Service means any item or
service offered for Purchase on this Website from time to time;
(j) we, us or our means Tripndestinations;
(k) Tripndestinations means Tripndestinations Pty
Ltd, ACN 662 938 338, incorporated in the State of New South Wales, Australia;
(l) Tripndestinations Affiliate means any
person with whom Tripndestinations is associated or affiliated, including its related
companies, directors, officers, employees, agents, brokers, representatives and
licensors;
(m) you or your means the person who accesses
or uses this Website;
(n) a word indicating a person includes a body
corporate (wherever incorporated), a partnership, an association, a governmental
body or agency, and an entity of any other kind;
(o) the word “including” is not a word of
limitation;
(p) the singular includes the plural and vice
versa; and
(q) a word indicating a gender includes any
gender.
14.2 In these Travel Terms and Conditions,
headings are to be ignored in interpretation.
Effective date: 1st September 2023.