Agreement
between User and Faresaver Pty Limited
FareSaver Pty Limited is an IATA accredited travel
agent | ABN - 77 066 557 444 | IATA - 023 5504
| LIC - 2TA004081 ("faresaver.com.au"
or "we"). This Agreement describes the
terms and conditions
applicable to the services available through this
Site. This Agreement describes your responsibilities
and,
among other things, limits the liability of faresaver.com.au.
BEFORE SUBMITTING AN ONLINE BOOKING
FORM AND/OR USING ANY OF THESE SERVICES, PLEASE
READ ALL OF THIS AGREEMENT CAREFULLY.
BY ACCESSING ANY AREAS OF THIS WEB SITE ("SITE"),
USERS ("USERS" OR "YOU") AGREE
TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS
AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT
("AGREEMENT"). If you do not agree with
any part of this Agreement, YOU MUST NOT USE
THIS SITE. faresaver.com.au reserves the right,
in its sole discretion, to amend this Agreement
at any time
by posting the amended terms on this Site. The
amended terms shall be effective from and after
the date
that they are posted on the Site. This Agreement
may not otherwise be amended except in writing
signed
by both parties.
PART I
General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included
on this Site, including the information, data,
software, photographs, graphs, video, typefaces,
graphics, music, sounds, images, illustrations,
maps, designs, icons, written and other material
and compilations (collectively, "Content")
are intellectual property and copyrighted works
of faresaver.com.au and/or its third-party providers
including, without limitation, the airline, hotels,
rental car companies and other travel suppliers
that provide travel or other services through
this Site ("Providers"). Reproduction
or storage of information or works retrieved from
this Site, in all forms, media
and technologies now existing or hereafter developed,
is subject to the Copyright Act.
Trademark Notice
"FARESAVER.COM.AU" are registered service
mark Faresaver Pty Limited. Other product and
company
names identified on this Site may be the name,
trademark, trade name, service mark, logo, symbol
or other proprietary designation of faresaver.com.au
or a third-party. The use on this Site of any
name, trade name, trademark, service mark, logo,
symbol or other proprietary designation or marking
of or belonging to any
third-party, and the availability of specific
goods or services from such third-party through
this Site, should
not be construed as an endorsement or sponsorship
of this Site by any such third-party, or the participation
by such third-party in the offering of goods,
services or information through this Site.
Acceptable Use
This Site is intended for personal, noncommercial
use. The content and information on this Site
(including, without limitation, price and availability
of travel services), as well as the infrastructure
used to provide such content and information,
is proprietary to faresaver.com.au or its suppliers
and providers. Accordingly, as a condition of
using this Site, you agree not to use this Site
or its contents or information for any commercial
or non-personal purpose (direct or indirect) or
for any purpose that is unlawful or prohibited
by this Agreement. While you may make limited
copies of your travel itinerary (and related documents)
for travel or services purchased through this
Site, 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 Site. In addition,
whether or not you have a commercial purpose,
you agree
not to: access, monitor or copy any content or
information of this Site using any robot, spider,
scraper or
other automated means or any manual process for
any purpose without express written permission
of faresaver.com.au;
Violate the restrictions in any robot exclusion
headers on this Site or bypass or circumvent other
measures employed to prevent or limit access to
this Site;
Take any action that imposes, or may impose, in
the discretion of faresaver.com.au, an unreasonable
or disproportionately large load on the faresaver.com.au
infrastructure; or
Deep-link to any portion of this Site (including,
without limitation, the purchase path for any
travel services)
for any purpose without express written permission
of faresaver.com.au.
You may only use this Site to make legitimate
reservations, purchases or requests to purchase
the products
or services offered (each, a "Request")
and shall not use this Site to make any speculative,
false or
fraudulent Requests or any Requests in anticipation
of demand. You represent that you are of sufficient
legal age to create binding legal obligations
for any liability you may incur as a result of
your use of this Site. It is a violation of law
to place a Request in a false name or with an
invalid debit or credit card. Please be aware
that even if you do not give us your real name,
your web browser transmits a unique Internet address
to us
that can be used by law enforcement officials
to identify you. Fraudulent users will be prosecuted
to the
fullest extent of the law.
Privacy Policy
You confirm that you have read our Privacy Policy,
the terms of which are incorporated herein, and
agree
that the terms of such policy are reasonable and
satisfactory to you. You consent to the use of
your
personal information by faresaver.com.au and/or
its third-party providers and distributors in
accordance with the terms of and for the purposes
set forth in the Privacy Policy. faresaver.com.au
makes no representation
or warranty with regard to the sufficiency of
the security measures used for data handling and
storage. faresaver.com.au will not be responsible
for any actual or consequential damages that result
from a lapse in compliance with the Privacy Policy
because of a security breach or technical malfunction.
No Warranties
Unless a Provider has agreed otherwise, all products,
services, advice, merchandise and information
available through this Site are provided on an
"as is", "as available" basis
without warranties of any kind,
either expressed or implied, including, without
limitation, warranties of title or implied warranties
of merchantability or fitness for a particular
purpose. Without limiting the above, no warranty
or guarantee is
made (i) regarding the acceptance of any Request,
(ii) that a User will receive the lowest available
price for goods and/or services available through
this Site, (iii) regarding the availability of
products and/or services through this Site or,
where applicable, at any participating retailer
or retailer location, (iv) that use of this Site
and all software, products or services associated
with this Site will be error free, (v) regarding
the results
that may be obtained from the use of this Site,
(vi) regarding the completeness, accuracy, reliability
or quality
of any information content, data, service, advice
or merchandise provided or available through this
Site, or
(vii) regarding the performance or non-performance
of this Site. You expressly agree that the use
of this
Site is at your sole risk.
General Limitation of Liability
IN NO EVENT SHALL faresaver.com.au, INCLUDING
ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, AND/OR AFFILIATES (COLLECTIVELY,
THE "COVERED PARTIES"), BE LIABLE FOR
ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF
GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND, WHETHER BASED IN CONTRACT,
TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN
ANY WAY CONNECTED WITH ANY USE OF THIS
SITE OR WITH ANY DELAY OR INABILITY TO USE THIS
SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF
A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities
for any damage and/or delay due to Provider cancellations,
shortages, sickness, pilferage, labor disputes,
bankruptcy, machinery breakdown, quarantine, government
restraints, weather, terrorism or causes beyond
the Covered Parties' control. No responsibility
is accepted for any additional expense, omissions,
delays, re-routing or acts of any governmental
authority. No Covered Party shall be responsible
for any Provider's breach of any warranty including,
but not limited to, implied warranties of fitness
for a particular purpose or of merchantability,
nor shall any Covered Party be responsible for
any other wrongdoing of a Provider (including
any liability in tort), as to any products and/or
services available through this Site. No Covered
Party shall be responsible for any Provider's
failure to
comply with this Agreement nor for any Provider's
failure to comply with applicable federal, state,
provincial
and local law.
If, notwithstanding the above, a Covered Party
is found liable for any loss or damage relating
to the use of
this Site, User agrees the liability of any such
party shall in no event exceed the total charge
to the User assessed by faresaver.com.au for making
a Request, Some states, to the extent their law
might be deemed
to apply notwithstanding the selection of Delaware
law as described below, do not allow the limitation
of liability, so the foregoing limitations might
not apply to you.
Third Parties
If you use this Site to submit Requests for or
on behalf of a third-party ("Third-party"),
such as a family
member or a traveling companion, you are responsible
for any error in the accuracy of information provided
in connection with such use. In addition, you
must inform the Third-party of all Terms and Conditions
applicable to all products or services acquired
through this Site including all rules and restrictions
applicable thereto. Each User using this Site
for or on behalf of a Third-party agrees to indemnify
and hold each
Covered Party harmless from and against any and
all liabilities, losses, damages, suits and claims
(including
the costs of defense), relating to the Third-party's
or the User's failure to fulfill any of its obligations
as described above. You are directly responsible
for any Request submitted including for total
charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas
disclosed, submitted or offered to a Covered Party
in connection with your use of this Site (collectively,
"Comments"), shall be and remain the
exclusive property
of faresaver.com.au and may be used by a Covered
Party in any medium and for any purpose worldwide
without obtaining your specific consent. For example,
your Comments could be used on this Site and in
radio, television and print advertisements. Your
first name, first initial of your last name, and
town and state may be used with any Comments you
submit. No Covered Party is under any obligation
to maintain your Comments
(and the use of your first name and first initial
of your last name with any comments) in confidence,
to pay to you any compensation for any Comments
submitted, or to respond to any of your Comments.
You agree you will be solely responsible for the
content of any Comments you make.
Response to Requests
While faresaver.com.au will use its good faith
efforts to respond to Requests within the time
periods
indicated on this Site, no guarantee is made that
the status of your Request will be made available
to you
within the stated processing time. None of the
Covered Parties is responsible for any errors
or delays in responding to a Request including,
without limitation, error or delays in responding
to a Request caused by
an incorrect e-mail address or other data provided
by you or other technical problems beyond their
control.
Links to Other Web Sites and Services
To the extent this Site contains links to outside
services and resources, any concerns regarding
such
services or resources should be directed to the
particular outside service or resource provider.
None of the Covered Parties guarantees or warrants
the accuracy or completeness of the information
or content
included on the Web sites of these outside services
and resources.
Termination of Usage
User access to all or part of this Site may be
terminated or suspended at any time, without notice
and for any reason.
Miscellaneous
The captions in this Agreement are only for convenience,
and do not, in any way, limit or otherwise define
the terms and provisions of this Agreement.
This Agreement, and the related parts of this
Agreement relating to each service represent the
entire
agreement between you and each Covered Party regarding
your use of this Site and supersede any prior
statements or representations. In the event that
any provision of this Agreement is determined
to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination
shall not affect the validity and enforceability
of any other remaining provisions.
PART II
Travel Services
A. General
Travel Service Limitation of Liability
THE AIRLINES, HOTELS, RENTAL CAR COMPANIES AND
OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES
THROUGH THE SITE (COLLECTIVELY, "TRAVEL SUPPLIERS")
ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR
EMPLOYEES OF THE COVERED PARTIES. THE COVERED
PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY,
DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO
AN ACT OR
OMMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT
LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT
OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER,
NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE
AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR
DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE,
GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR
CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO
RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL
EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS,RE-ROUTING
OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
Passports, Visas, and Hazards
We have no special knowledge regarding foreign
entry requirements such as the need for passports
and
visas, unsafe conditions, health hazards, weather
hazards, supplier bankruptcies, or the suitability
for
disabled persons of any portion of any tour. You
hereby release the Covered Parties from any claims
resulting in whole or in part from any problem
covered in this paragraph and any other causes
not within
our control.
You agree to abide by the terms or conditions
of purchase imposed by any Travel Supplier, whether
that
Travel Supplier is selected by you or by faresaver.com.au,
including, but not limited to, payment of all
amounts when due and compliance with the Travel
Supplier's rules and restrictions regarding availability
and use of fares, products, or services. You understand
that any violation of any such Travel Supplier's
conditions of purchase may result in cancellation
of your reservation(s) or purchase(s), in your
being denied access to any flights, hotels, or
automobiles, in your forfeiting any monies paid
for such reservation(s) or purchase(s), and in
faresaver.com.au debiting your account for any
costs faresaver.com.au incurs as a
result of such violation. You shall be completely
responsible for all charges, fees, duties, taxes,
and assessments arising out of the use of this
Site.
Third Party Errors
Because we are reliant on the availability of
seats, airfare rules and their associated pricing
levels from
either the airline directly or their distributing
partners, we reserve the right to amend your booking
in
consultation with you in the event of an error
by these third parties. In such circumstances
additional fare charges may have to be paid by
you or/and your itinerary may need to be changed
to comply with either the fare rule or/and availability
of seats.
You acknowledge that some of the material accessible
through our website is provided by third parties.
This material does not form part of the Service,
and we are not responsible for this material.
Where the Service provides the facility to enter
into transactions with third parties, you acknowledge
that the goods or services offered by these third
parties do not form part of the Service, and that
we are NOT responsible for those
third parties or the goods or services they offer.
Airlines and other third party travel 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 finalizing
your
travel transaction.
Validity of Prices
Prices quoted on our web site including booking
engines are subject to availability and conditions.
Although every care has been taken, the prices
are not guaranteed and are subject to change without
notice.
You understand and agree that the quotes and
prices you obtained from our services are subject
to the specific terms and condition. It is your
responsibility to read the rules of the specific
products before
submitting an order. We reserve the rights to
verify your booking in the event of an error caused
by those
third parties, such as booking engine or fare
database system. In such circumstances, we will
consult with
you to adjust your booking, or offer you an alternative
product.
You are reminded that airfares and the government
taxes are subject to change with or without prior
notice.
All prices quoted and offered by us are only guaranteed
after full payment is received.
Payment and Delivery Method
Once you have received the confirmation from
Faresaver Pty Limited for your travel arrangement,
you can elect to use any "Payment
Method" we accept to pay your account.
After we receive your payment in full, we will
finalise your reservation and send you a confirmation
email within 24 hours. If your travel documents
and packages need to be delivered by mail, we
will send them within 24 hours after receiving
all relevant documents from their suppliers.
Australia Post's Registered Mail Service will
be used for all deliveries.
Special Delivery Conditions for Reservations
Made within 72 Hours of Departure
In the case of any reservation made within 72
hours of departure time, if the travel documents
can not be delivered via email, we reserve the
right to charge you an additional fee for a special
courier delivery for travel documents (this charge
can be up to $50).
If you (or your nominated agent) live in Sydney,
then you can avoid these charges by coming to
our offices to pick up the travel documents in
person.
In the event that you have chosen for the documents
to be delivered by special courier, Faresaver
will endeavour to provide your documents in time.
In the event that the documents are not received
prior to departure, then you agree that Faresaver
is not liable for any other costs incurred.
Special Delivery Conditions for Rural
Areas
Faresaver delivers your travel documents to your
nominated mail address using the standard registered
mail service provided by Australia Post. This
service is free of any additional charge to our
customers under normal circumstances.
If your nominated delivery address is in a rural
area which is not listed as a standard Australia
Post services area, then you need to contact your
local Australia Post outlet to find out the timetable
for registered mail deliveries.
In the event that the Australia Post rural delivery
schedule cannot provide you the travel documents
to your nominated mail address prior to your departure,
then you can request that the documents be delivered
to the airline check-in counter at the international
airport you will be departing from. Additional
fees and conditions may apply - please refer to
above “Special Delivery Conditions for Reservations
Made within 72 Hours of Departure”.
B. Airline Service Restrictions
General
Airline tickets available through this Site are
subject to the published conditions of carriage
and rules of the applicable airline. The contract
of carriage in use by the applicable airline,
when issued shall be between the applicable airline
and the passenger.
Non-Use of Flight Segments
You agree to purchase a ticket or tickets containing
flight segments that you will not be using, such
as a
"point-beyond", "hidden-city",
or "back-to-back tickets". You further
agree not to purchase a roundtrip ticket
that you plan to use only for one-way travel.
You acknowledge that the airlines generally prohibit
all such tickets, and therefore we do not guarantee
that the airline will honor your ticket or tickets.
You agree to indemnify the Covered Parties against
airline claims for the difference between the
full fare of your actual itinerary and the value
of the ticket or tickets that you purchased.
C. Hotel Service Restrictions
General
Hotel room bookings made available through faresaver.com.au's
hotel service are subject to the disclosed
terms and conditions of the applicable hotel.
The "Total Charges" that you will pay
for using our hotel service will always be disclosed
to you before you submit your Request.
Charges for Taxes and Service Fees
In connection with facilitating your hotel transaction,
we will charge your debit or credit card for Taxes
and
for Service Fees. This charge includes an estimated
amount to recover the amount we pay to the hotel
in connection with your reservation for taxes
owed by the hotel including, without limitation,
sales and use tax, occupancy tax, room tax, excise
tax, value added tax and/or other similar taxes.
The amount paid to the
hotel in connection with your reservation for
taxes may vary from the amount we estimate and
include in the charge to you. The balance of the
charge for Taxes and Service Fees is a fee we
retain as part of the compensation for our services
and to cover the costs of your reservation, including,
for example, customer service costs. The charge
for Taxes and Service Fees varies based on a number
of factors including,
without limitation, the amount we pay the hotel
and the location of the hotel where you will be
staying.
We are not the vendor collecting and remitting
taxes to the applicable taxing authorities. Our
hotel suppliers,
as vendors, bill all applicable taxes to us and
we pay over such amounts directly to the vendors.
We are not
a co-vendor associated with the vendor with whom
we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate and the
type of applicable taxes vary greatly by location.
Depending on the city and property you stay in,
you may also be charged resort fees or other incidental
fees, such as parking charges. These charges,
if applicable, will be payable by you to the hotel
directly at
checkout. When you check in, a credit card or,
in the hotel's discretion, a debit card, will
be required to
secure these charges and any incidental fees (phone
calls, room service, movie rentals, etc.) that
you may incur during your stay.
Late Arrival and Failure to Check-in
on First Night
If you are going to be delayed or find that
you cannot check in to your hotel on the date
you requested, you should contact the hotel to
let them know. If you fail to check in to your
hotel on the day of your reservation
and do not alert the hotel, the remaining portion
of your reservation will be canceled and you will
not be
entitled to a refund.
Special Needs
If you have special needs (e.g.,
wheelchair accessible room) you must call the
hotel and verify that special needs can be met.
Your hotel reservation will be refunded, canceled
or modified if special handicapped
needs cannot be met.
Must be 18 Years of Age
The guest on the reservation must be 18 years
or older to check into the hotel.
D. Rental Car Service Restrictions
Vehicle rentals available through this Site are
subject to standard rental contracts of the car
rental
companies, which will be completed by you at the
time of pick-up of a vehicle. The "Total
Charges" that you
will pay for using our rental car service will
always be disclosed to you before you submit your
Request.
E. Vacation Package Restrictions
Vacation packages available through this site
will be subject to the published conditions of
carriage and, as applicable, rules of the applicable
airline, hotel, car rental company or attractions
and services provider. The following restrictions
will apply:
Any package including an airline ticket purchase
is subject to the restrictions listed in the Airline
Service Restrictions section above;
Any package including a hotel purchase is subject
to the restrictions listed in the Hotel Service
Restrictions section above;
Any package including a car rental purchase is
subject to the restrictions listed in the Car
Rental Service Restrictions section above; and
Any package including attractions and services
providers is subject to the restrictions set forth
by the attractions and services provider.
info@faresaver.com.au
Faresaver Pty Limited, 2006 |