Terms of Use

1. Introduction

  1. The website www.travelotes.com (Website) is owned and operated by Digital Business Services Pty Ltd (ACN (Travelotes, we or us).
  2. By accessing the Website and any of its associated services and functionality (including the Website and any related sites), you agree to be bound by these terms and conditions of use and the Privacy Policy located at [e.g. www.travelotes.com/privacy] (Terms of Use).
  3. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or continue to use the Website.
  4. Travelotes reserves the right to amend the Terms of Use from time to time in its sole discretion and, by using the Website at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms of Use in place.
  5. If you do not understand any of the Terms of Use, or if you have any questions, please contact Travelotes at info@travelotes.com

2. About the Website

  1. This Website is a place where users can search, view, compare, and obtain quotes for Holiday Packages offered by travel agents and other holiday package providers (Travel Providers) and purchase those Holiday Packages. We may also offer other tools or services. We are not an agent for Travel Providers that place advertisements for Holiday Packages on the Website (Listings), nor are we an agent for any third party suppliers of other goods or services that are advertised on the Website.
  2. Travelotes is not a travel agent or a Travel Provider. The Website acts only as a digital platform or venue for users to search, view, compare and book Holiday Packages with Travel Providers (Website Services), and Travelotes is not, and does not become, party to any contractual relationship between the user and the Travel Provider offering that Holiday Package. However, Travelotes will use its reasonable endeavors to resolve any disputes that may arise between you and a Travel Provider. If you wish to make a complaint about a Travel Provider, please email us full details of your dispute at info@travelotes.com. Following receipt of a dispute notice from you, Travelotes will attempt to mediate a dispute you and the Travel Provider. If mediation is not successful, Travelotes will investigate the complaint in order to determine whether there has been a breach of its Terms and Conditions and make a determination in this regard. Any decision made by Travelotes regarding whether there has been a breach of its Terms and Conditions, and the appropriate action that should be taken, will be final.
  3. The terms and conditions applying to the goods and services offered in each Holiday Package are specified in each Listing. By purchasing a Holiday Package, you are agreeing to the terms and conditions specified by the Listing for that Holiday Package.
  4. Travelotes reserves the right to change the Website at any time.

3. Registration to use the Website

  1. In order to fully access the Website Services, you must first register as an Account Holder of the Website. As part of the registration process, or as part of your continued use of the Website Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    (a) an email address;
    (b) preferred username;
    (c) a mailing address;
    (d) number of people and ages of those travelling in your party;
    (e) nationality and/or country of residence;
    (f) country of passport; and
    (g) a telephone number.
    You warrant that any information you provide to Travelotes in the course of completing the registration process will always be accurate, correct and up to date.
  2. Once you have completed the registration process, you will hold an Account with and be an Account Holder of the Website and agree to be bound by these Terms of Use.
  3. You may not use the Website, may not place an order to purchase a Holiday Package via the Website and may not accept the Terms of Use if:
    (a) you are not of legal age or lack capacity to form a binding contract with Travelotes; or
    (b) you are a person barred from receiving the Website Services under the laws of Australia or the laws of other relevant countries including the country in which you are resident or from which you use the Website Services.

4. Your obligations and prohibited use of the Website

  1. You must use the Website Services only for purposes that are permitted by:
    (i) these Terms of Use;
    (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. You must protect the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Account.
  3. Any disclosure of or use of your password or registration information by any other person, or third party, is strictly prohibited. You agree to immediately notify Travelotes of any unauthorised use of your password or email address or any breach of security of which you have become aware.
  4. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Travelotes providing the Website Services.
  5. You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or their services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of their resources to others.
  6. Travelotes cannot guarantee that any file available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Travelotes entirely of all responsibility of any consequences of their use.
  7. The Website and their content are provided to you on “as is” basis; the Website may contain errors, faults and inaccuracies and may not be complete and current.
    You must not:
    (a) use the Website for any activities, or post or transmit to or via the Website any information or materials which:
    (i) breaches any laws or regulations, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes;
    (ii) interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Website
    (iii) is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
    (b) use the Website to send unsolicited commercial or bulk electronic messages;
    (c) make any fraudulent or speculative enquiries, reservations or requests using the Website;
    (d) provide false information when registering or changing your registration details;
    (e) tamper with, hinder the operation of or make unauthorised modifications to the Website;
    (f) knowingly transmit any virus or other disabling feature to or via the Website; or
    (g) attempt any of the above acts or permit another person to do any of the above acts.

5. Intellectual Property Rights

  1. The Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
  2. You acknowledge and agree that Travelotes owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
  3. You may not:
    (a) modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
    (b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
  4. Except where permitted under the Australian Copyright Act (Cth) or other applicable laws, and except for the temporary copy held in your computer's cache and a single copy for your own personal use, any of the Website’ content (including any substantial part of them) must not otherwise be used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.
  5. If you correspond or otherwise communicate with Travelotes, you automatically grant to Travelotes an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.

6. Purchasing Holiday Packages

  1. In order to purchase a Holiday Package Listed on the Website you must follow the purchase process specified on the Website and you authorise Travelotes to disclose the information you provide during the purchasing process to the Travel Provider from whom you are acquiring the Holiday Package.
  2. If you purchase a Holiday Package directly from a Travel Provider outside of the Website, Travelotes takes no responsibility for the purchase process involved.
  3. Travelotes makes no representations regarding passport or visa requirements for international travel. The Australian Department of Foreign Affairs and Trade provides helpful information on applying for or renewing an Australian passport. Please check with the Consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations.
  4. Travelotes recommends before travelling you check relevant government website relating to the countries you are travelling to for any applicable travel advisories relevant to those countries and the laws applicable to those countries, including in relation to the goods that may be taken to those countries.

7. Payment Terms, Cancellations and Changes to Holiday Packages

  1. Travelotes uses PayPal as a third party payment gateway provider. In accepting these Terms of Use and using the Website, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation of PayPal from time to time.
  2. The payment cancellation policy for each Holiday Package is unique to each Holiday Package and will apply in the event of the cancellation or variation of that Holiday Package. You should ensure that you are familiar with the terms and conditions applying to a Holiday Package, including with respect to cancellations, before booking that Holiday Package.

8. User Testimonials

  1. Users may post their reviews of Holiday Packages on the Website (User Reviews). Travel Providers are given the opportunity to view User Reviews, and to respond to them (Travel Provider Response).
  2. Users and Travel Providers must provide only accurate and truthful information concerning their identity in any communications on the Website, including in relation to reviews, or responses to reviews, of Travel Packages.
  3. User Reviews that are posted onto the Website should only relate to genuine booking enquiries. Travelotes does not tolerate spam or unsolicited commercial electronic communications of any kind.
  4. Travelotes does not, and has no capacity to, verify the accuracy or otherwise of User Reviews or Travel Provider Responses.
  5. Travelotes nevertheless [requires all User Reviews, Travel Provider Responses and other communications using Travelotes’ systems to conform to the [Content Guidelines], and] reserves the right to decline to post User Reviews and/or Travel Provider Responses [that Travelotes finds do not comply]. Travelotes also reserves the right to remove from the Website any User Review and/or Travel Provider Response.

9. Warranties and Indemnities

  1. Warranties
    You warrant that:
    (a) You have read and understood the Terms of Use and agree to comply with the Terms of Use at all times;
    (b) You have not been induced to enter into using the Website or purchasing any Holiday Package by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in the Listing for that Holiday Package or these Terms of Use;
    (c) You have been given the opportunity to take legal advice on the terms of these Terms of Use;
    (d) You have the capacity, power and authority to agree to these Terms of Use and have taken all necessary action in order to agree to these Terms of Use; and
    (e) You have obtained all third party approvals necessary for you to agree to these Terms of Use.
  2. Indemnities
    You indemnify Travelotes, its related bodies corporate and their directors, employees, contractors, agents, workers and personnel and shall keep them indemnified against all actions, costs, charges, claims and demands in respect of:
    (a) any breach of these Terms of Use by you including without limitation the enforcement or the attempted enforcement of these Terms of Use; and
    (b) any act or omission by you or your employees, contractors, workers or agents.

10. Third party Website

  1. The Website may contain links to other web sites controlled by third parties (Third Party Website).
  2. Travelotes is not responsible for the content or privacy practices of Third Party Website.
  3. The links to Third Party Websites are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by Travelotes of the third party or the products or services provided by the third party or any affiliation between Travelotes and the third party.
  4. You access those sites and/or use those site’s products and services solely at your own risk and should make your own enquiries before relying on any content contained in such Third Party Website.

11. Use of Cookies

  1. Cookies are small pieces of information that your browser stores on your computer hard drive. Travelotes uses Cookies to provide you site usage information as well as to assist us to improve and develop the Goods and services it offers. Our cookies do not contain any personal identifiable information.
  2. If you disable Cookies on your web browser, you may not be able to fully experience all features of the Website.

12. Accuracy of communications

  1. You are exclusively responsible for ensuring that all communications, whether in writing, via telephone or in electronic or paper form, sent by you using the Website are true, complete and accurate.
  2. If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.
  3. To the fullest extent permitted by any applicable laws, Travelotes hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.

13. Availability, withdrawal and suspension of service

  1. Whilst Travelotes endeavours to provide continuous access to the Website, Travelotes does not warrant that your access will be safe, uninterrupted, timely, secure or error free.
  2. Travelotes may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:
    (a) if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
    (b) if you breach any part of these Terms of Use; or
    (c) if you use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.

14. Exclusion and limitation of liability

  1. We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
  2. Travelotes and its directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of the Website or the information, content or material included or services described on the Website, except as otherwise provided under applicable laws.
  3. Subject to any rights you have under any consumer protection law, Travelotes excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Use.
  4. Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, Travelotes’ liability will be limited to that provided by law.
  5. To the maximum extent permitted by applicable law, neither Travelotes, nor its directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
    (a) the Website;
    (b) your use of the Website and any sites linked to the Website;
    (c) any information obtained through the Website;
    (d) services supplied to you following your use of the Website;
    (e) reliance on or failure to act, on any information or service contained on or accessed through the Website;
    (f) a withdrawal or suspension of availability of services;
    (g) errors, mistakes, inaccuracies or omissions on the Website;
    (h) personal injury or property damage of any nature resulting from your access to or use of the Website;
    (i) any unauthorised access to or use of our secure servers and/or Personal Information and/or financial information stored on those servers;
    (j) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;
    (k) the quality of any product or service of any linked sites; or
    (l) an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website,
    in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
  6. Travelotes’ liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
  7. Without limiting the foregoing, to the extent permitted by law, Travelotes limits its liability in respect of any claim to the supply of the Website Services again.
  8. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Travelotes and its directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of your actions.

15. Termination

  1. You may stop using the Website at any time for any reason.
  2. Travelotes may suspend or limit your access to the Website in its absolute discretion without notice or liability to you for any reason.
  3. Travelotes reserves the right to, at its discretion, terminate these Terms of Use or your access to and use of the Website at any time.
  4. The exclusions and limitations of liability made by Travelotes in these Terms of Use will survive termination or suspension of your access to the Website.

16. General

  1. Travelotes may in its sole discretion amend these Terms of Use at any time. Any variations to these Terms of Use will take effect from posting on the Website.
  2. Travelotes may give notice to you by electronic mail. You may give notice to Travelotes by electronic mail to info@travelotes.com.
  3. Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
  4. A failure or delay by Travelotes to exercise a power or right under these Terms of Use does not constitute a waiver of that power or right, and the exercise of a power or right by Travelotes does not preclude its future exercise or the exercise of any power or right by or on behalf of Travelotes.
  5. Your use of the Website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
  6. The Website may be accessed throughout Australia and overseas. Travelotes makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

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