ABOUT THE 'FACILITY'
The facility is the Broome Holidays web site and offers the ability to enter into
transactions with us and with certain parties whose content appears on the site.
You acknowledge that the goods and services accessible through the facility are
provided by third parties, and we are not responsible for those goods and services.
Third party providers impose different terms and conditions on the sale of specific
travel products featured on this site. You should carefully read all the terms
and conditions specific to the product you are booking before finalising your
travel transaction. TRAVEL SPECIFIC TERMS AND CONDITIONS 1. Prices
Prices displayed in this web site or when booking online are subject to third
party provider availability. The general booking form constitutes a request only
and we do not guarantee availability until the booking has been confirmed by one
of our consultants and paid for. Hotel/car availability and price conditions can
change at any time. Other special conditions may apply. Bookings made through
the booking engine also constitute a request, and the correctness of this request
in regards to abiding by the rules of the fare as stated is the responsibility
of you, we do not guarantee the price and availability until the booking is confirmed
by one of our consultants. 2. Booking Acknowledgement
Acknowledgment
of your booking request will be made via e-mail or telephone within 48 hours of
receipt of your request. Please check your e-mail regularly to ensure your prompt
receipt of any relevant communications. The prices shown on this Website can be
purchased only in conjunction with the Website, and payment must be received at
the time of booking (or within the time period specified for e-mail booking requests)
unless prior alternative arrangements have been made with Broome Holidays. Failure
to pay for your travel within the applicable time period may result in the automatic
cancellation of the booking. Broome Holidays does not accept any responsibility
for any loss incurred as a result of an automatic cancellation or any failure
of e-mail delivery (irrespective of the reason for such failure). 3. Accuracy
of Information and Limitation of Liability
Broome Holidays has taken reasonable
care with the content of this web site, including all travel information but it
is subject to amendment at any time without notice. Broome Holidays publishes
such information in good faith however will not be responsible for errors, omissions
or misleading information in travel information and listings. You should make
your own evaluation of the accuracy or completeness of any information, opinion,
advice or other content available through the facility. As user you acknowledge
and accept that. You are solely responsible for the suitability of any
travel services, which you purchase by means of the service. In particular, we
are not liable for any inconvenience caused or expense incurred as a result of
any unsuitability of travel services. Any Agent's role in relation to your travel
arrangements is limited to facilitating your booking and arranging travel documentation,
payments and refunds as applicable. Broome Holidays accepts responsibility for
the performance of this role and for the negligence of its employees. However,
Broome Holidays disclaims all liability for any technical errors, corruption of
any data, unauthorised access to your personal data, inaccuracies in information
supplied by third parties, or failure to complete bookings where that failure
is due to circumstances beyond its control. Broome Holidays accepts no
responsibility or liability for any failure or delay on the part of any third
party in providing travel services to you where your booking has been properly
processed by it; nor are we responsible for any acts or omissions of third parties
in the course of delivery of such travel services. Where Broome Holidays is liable
to you under these terms and conditions our liability will be limited to providing
the relevant booking services again or to refunding money paid in relation to
services not provided because of our default. Where refunds are due to you from
third party suppliers of travel products or services, Broome Holidays will provide
reasonable assistance to you in claiming such funds from those suppliers. Under
NO circumstances will be liable for direct, indirect, consequential or incidental
damages including but not limited to lost profits or savings or damages for disappointment. 4.
Booking Cancellation and Amendment Charges
Certain fees may be payable in
respect of transactions entered into using the Service, as notified at the time
of the relevant transaction. These fees may include cancellation fees and, where
amendment is permitted, amendment fees. In some cases, Agents may charge cancellation
and/or amendment fees in addition to those imposed by travel service providers.
Unless otherwise notified to you at the time of entry into the relevant transaction,
a charge of $50 is payable to the Agent in respect of any cancellation, and, where
amendment of a booking is permitted, your first 2 amendments are free, then a
charge of $30 is payable to the Agent for each permitted amendment. Before entering
into a transaction, you should carefully check to see whether any other cancellation
or amendment fees apply. These charges will be deducted from your credit card
at the time charges are incurred. 5. Travel Insurance
It is recommended
that all travellers obtain travel insurance against cancellation or amendment
fees as well as providing sufficient medical cover. 6. Changes to these
Terms and Conditions
Broome Holidays has the authority and the right to
at any time it sees fit to change or modify all or any part of these terms and
conditions. 7. Third Party Advertisements
All third party advertisements
on this Website are provided by the relevant third party. Broome Holidays does
not seek to verify any of the information or representations in these adverts.
All queries regarding these adverts and any of the goods or services offered in
them should be directed to the relevant third party advertiser. 8. Intellectual
Property
This website, the software, design, text and graphics comprised
in this website and the selection and layout of this website, are owned or licensed
by us and are protected by Australian and international intellectual property
laws. You may view and electronically copy the pages of this website in the usual
operation of your web browser in visiting this site, but for no other purpose.
Any other use of the material contained on this website, such as copying, distributing,
selling, modifying, transmitting, reusing, re-posting or publishing is strictly
prohibited, without our specific written permission. Unauthorised use of materials
from our site will not only breach this agreement, but may violate copyright and
other laws. Certain trade marks, service marks, business names, company names,
logos, trade names and get up (trade dress) used on this site are owned by us
or our licensors. GENERAL PROVISIONS
Your use of this web site and
reservation facilities is subject to the following Standard Terms of Service and
Trade:
1. Ownership, copyright and trade marks
The content
of this web site and booking engine, the licensor and / or provider of this site
('the Agent'). Unauthorised use is strictly prohibited. All title, ownership rights
and intellectual property rights, including copyright, rest with the Agent. 2.
Accuracy of information and limitation of liability
The Agent does not
endorse any particular travel service provider. The Agent and its third party
suppliers have taken reasonable care that the content of this web site, including
all travel information and listings is correct but is subject to amendment at
any time without notice. The Agent publishes such information in good faith. As
user you acknowledge and accept that: The Agent will not be responsible
for errors, omissions or misleading information in travel information and listings.
You should make your own evaluation of the accuracy or completeness of any information,
opinion, advice or other content available through the facility. You are
solely responsible for the suitability of any travel services which you purchase
by means of the service. In particular, we are not liable for any inconvenience
caused or expense incurred as a result of any unsuitability of travel services
for use in association with other travel services. Any Agent's role in relation
to your travel arrangements is limited to facilitating your booking and arranging
travel documentation, payments and refunds as applicable. The Agent accepts responsibility
for the performance of this role and for the negligence of its employees. However,
to the maximum extent permitted by law, the Agent disclaims all liability for
any technical errors, corruption of any data, unauthorised access to your personal
data, inaccuracies in information supplied by third parties, or failure by the
Agent to complete bookings where that failure is due to circumstances beyond its
control. The Agent accepts no responsibility or liability for any failure
or delay on the part of any third party in providing travel services to you where
your booking has been properly processed by it; nor is the Agent responsible for
any acts or omissions of third parties in the course of delivery of such travel
services. Where the Agent is liable to you under these terms and conditions its
liability will be limited to providing the relevant booking services again or
to refunding money paid in relation to services not provided because of the Agent's
default. Where refunds are due to you from third party suppliers of travel products
or services, the Agent will provide reasonable assistance to you in claiming such
funds from those suppliers. Under no circumstances will the Agent be liable for
direct, indirect, consequential or incidental damages including but not limited
to lost profits or savings or damages for disappointment. 3. Warranties
To the maximum extent permitted by applicable law, the Agent grants no warranties,
express or implied, regarding this web site and any service or facilities provided
including the booking engine. The site and any service or facility are being offered
to you "as you see it". The Agent will not be liable to you for the
breach of any alleged warranty. 4. Use of the Booking Engine (booking Online)
In making a hotel, tour or car reservation for you through the booking engine,
the Agent will be acting as agent of the hotel/wholesaler, car hire company or
tour operator concerned. The Agent accordingly accepts no responsibility or liability
for any misunderstanding or error, whatsoever and howsoever caused, in respect
of any reservation made through the booking engine. The onus rests on you to read
the booking rules and ensure your booking abides by these, to carefully check
and correct any mistakes in your reservation request and in any confirmation thereof
received from the hotel, car hire company or tour operator via the Agent. 5.
Use of your contact information
As user of this web site and any service
or facility such as the booking engine, you agree and consent that the Agent may
use, including to share with third parties, your contact information (i.e. your
name, e-mail and physical / postal address and / or other contact details) for
all purposes directly connected with your reservation request. 6. Indemnity
As a condition for your use of this web site including any service or facility
such as the booking engine, you agree to indemnify the Agent from and against
any liability, damage or loss that the Agent incurs or suffers as a result of
any action, inaction or omission on your part. 7. Clients Responsibility
By registering for the service, you warrant to us that you are at least eighteen
years old You must have sufficient credit on your credit card account to meet
all charges for travel services you book through this web site. You must
read the travel-specific terms and conditions at the end of these terms and conditions
and convey all information set out in those terms and conditions to any other
parties covered by any booking you make. You must keep secure any means
of identification that we provide to you in order to access the service. You must
not resell the service or any products or services accessed by means of the service,
or permit any other person, other than adult members of your household or others
with your express permission and under your personal supervision, to use your
user identification to access the service. You are responsible for all use of
the service, and all transactions entered into by means of the service, using
this user identification. You must not use the service for any activities
which breach any laws, infringe any party's rights, or breach any standards, content
requirements or codes promulgated by any relevant authority. You must not use
the service in any way which interferes with other users or defames, harasses
or menaces anyone. You indemnify us from and against all actions, claims, suits,
demands, liabilities, costs or expenses arising out of or in any way connected
to use of the service by you or any other person using your membership identification
or password. You acknowledge that copyright subsists in all software, including
HTML code, provided in association with the Service. You must not modify, copy,
transmit, display, perform, publish, license or create derivative works from any
information or software accessed by means of the Service. Where copying or transmission
is expressly permitted, you must not change or delete any author attribution or
copyright notice. |