Terms & Conditions

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.