TERMS AND CONDITIONS
TERMS AND CONDITIONS
The TRAVLR Platform is owned and operated by TRAVLR Pty Ltd ACN 613 747 845 (referred to in these Terms and Conditions as TRAVLR, We, Us and Our).
Capitalised terms contained in these Terms and Conditions have the meanings given to them in clause 15 of these Terms and Conditions, unless the context otherwise requires.
- Incorporation of terms
- Age affirmation
By accessing, browsing or using the TRAVLR Platform (and/or completing or making a Reservation), you affirm that you are at least the age of 18 years old or otherwise have the consent of your legal parent or guardian to access, browse and use (and/or complete or make a Reservation via) the TRAVLR Platform.
By accessing, browsing or using (or completing or making a Reservation via) the TRAVLR Platform, you represent that you have read and understood the Agreement and agree to be bound by, observe and comply with the Agreement. If you do not accept all of the terms and conditions contained in the Agreement, you must refrain from accessing, browsing or using the TRAVLR Platform.
- Amendments to Terms and Conditions
We reserve the right to amend the terms and conditions contained in the Agreement at any time and from time to time. Amendments will be effective immediately upon posting on the TRAVLR Platform. If We make changes to the terms and conditions contained in the Agreement, We will post the amended terms and conditions on the TRAVLR Platform and update the “Last Updated” date at the end of these Terms and Conditions. Your continued use and access of the TRAVLR Platform following such notification constitutes an acceptance by you of the amended terms and conditions.
- Use of the TRAVLR Platform
- TRAVLR Platform
- The TRAVLR Platform is an online platform that enables seasoned travelers, expats and locals to create their own reviews and ratings for each TRAVLR Destination and assists Users in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums and/or searching and making reservations for travel related products and services (“ Permitted Purposes”).
- The TRAVLR Platform is made available for personal and non-commercial use strictly in accordance with the Permitted Purposes. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any Content or information, software, reservations, tickers, products or services available on the TRAVLR Platform for commercial or competitive activity or purpose.
- Due to the nature of the internet, TRAVLR cannot guarantee the continuous and uninterrupted availability and accessibility of the TRAVLR Platform. TRAVLR may restrict the availability of the TRAVLR Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of Our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the TRAVLR Platform. TRAVLR may, at its sole discretion, improve, enhance and modify the TRAVLR Platform from time to time.
- Subject to the provisions of the Agreement and your compliance with the terms and conditions thereof, TRAVLR grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) use the TRAVLR Platform; and (ii) access, browse and view any Content made available on or through the TRAVLR Platform and accessible to you, solely for your personal and non-commercial use and for the Permitted Purposes.
- Account Registration
- You are not required to register an account with Us to view the TRAVLR Platform. However, you may be required to register an account with Us (" Account") in order to access and use certain features of the TRAVLR Platform such as to make or complete a Reservation of a Travel Product advertised on the TRAVLR Platform.
- To register an Account, you follow the registration or signup process as detailed therein. You acknowledge that TRAVLR may accept or reject your registration or sign up at its sole discretion.
- You must provide accurate, current and complete information during the registration process and keep your Account and public Account profile page information up-to-date at all times.
- You may not assign or otherwise transfer your Account to another party.
- You are responsible for maintaining the confidentiality and security of your Account credentials and passwords and must not disclose your credentials and passwords to any third party. You must immediately notify TRAVLR if you know or have any reason to suspect (i) that your credentials and passwords have been lost, stolen, misappropriated, or otherwise compromised or (ii) any actual or suspected unauthorized use of your Account. You are solely liable for any and all activities conducted (including any Content posted or uploaded on the TRAVLR Platform) through your Account. TRAVLR accepts no responsibility and liability for any and all activities conducted (including any Content posted or uploaded on the TRAVLR Platform) through your Account.
- Scope of TRAVLR Services
- TRAVLR sell, resell or offer various travel related products and services, via the TRAVLR Platform, as agent on behalf of numerous transport, accommodation and other travel related product and services providers and wholesalers.
- For certain TRAVLR Products and Services, We may also act as an intermediary between you and the Travel Product Provider with which you have made a Reservation or Purchase of a Travel Product via the TRAVLR Platform, to:
- Facilitate, collect, process and/or remit payment of any fee, purchase or hire of any Travel Products via the TRAVLR Platform;
- Transmit the relevant details of your Reservation or Purchase (made or completed on or via the TRAVLR Platform) to the relevant Travel Product Provider; and/or
- Send you a Reservation confirmation for and on behalf of the Travel Provider.
- Only TRAVLR Product Providers which have a commercial relationship with TRAVLR (through an agreement) will be made available on TRAVLR Platform.
- The TRAVLR Platform is not an open platform where end users can make their product available. TRAVLR does not allow non-professional parties to offer or sell their products on or through the TRAVLR Platform.
- The Travel Product Providers alone are responsible for their Listings and the supply of their Travel Products, and any advertisement or Content in connection with their Travel Products that are posted by the Travel Product Providers on the TRAVLR Platform.
- We have no control over, or liability for, the Travel Products offered or provided by the Travel Product Providers. All Reservations are made on your behalf subject to the terms and conditions, including conditions of carriage and limitation of liability, imposed by these Travel Product Providers.
- The TRAVLR Platform does not constitute and should not be regarded as a recommendation, endorsement or confirmation of (the quality, service level or rating of) any Travel Products listed on the TRAVLR Platform. We hereby disclaim any representation, warranty or undertaking in relation to the quality, status or accuracy of any advertisement or Content in relation to a Travel Destination or a Travel Product posted on the TRAVLR Platform.
- Your legal rights in connection with the delivery, provision and supply of the relevant Travel Products are against the Travel Providers of those products and, except to the extent a problem is directly caused by fault on Our part, are not against Us. Specifically, if for any reason (excluding fault on Our part), any Travel Provider is unable to provide the Travel Products for which you have made a Reservation via the TRAVLR Platform, your rights are against the relevant Travel Providers and not TRAVLR.
- TRAVLR Platform
- Reservation of Travel Products
- Prices for Travel Products
- You acknowledge that prices for the Travel Products as advertised on the TRAVLR Platform are fixed by the Travel Product Providers and therefore:
- are subject to changes or updates by the Travel Product Providers at any time and from time to time; and
- may carry special restrictions and conditions, for example non-cancelable and non-refundable, validity and expiration period. We recommend that you check the relevant special restrictions and conditions (including product, service and reservation conditions and details thoroughly for any such conditions) prior to making your Reservation.
- All prices for the Travel Products are displayed excluding VAT/sales tax and all other Taxes (including tourist/ city taxes, occupancy taxes, airport taxes) and fees (including any bank fees, administration fees, service fees, currency exchange fees, late check out fees or early check in fees), unless stated differently on the TRAVLR Platform or the confirmation email/ticket for your Reservation.
- Please note that the Travel Product Providers may also have, declare applicable and/or require acceptance of, in addition to the policies and fine print as advertised or published by them on the TRAVLR Platform, their own terms and conditions, house rules, disclaimers and limitations of liability for the Reservation, use, delivery (including shipping and carriage), payment, refund, cancellation, access and consummation of the relevant Travel Products ( Provider Terms and Conditions). We recommend that you carefully read the Provider Terms and Conditions before you (decide to) make or complete a Reservation.
- You acknowledge that prices for the Travel Products as advertised on the TRAVLR Platform are fixed by the Travel Product Providers and therefore:
- Subject to your acceptance, and agreement to observe and comply with, the applicable Provider Terms and Conditions, you can make a Reservation of a Travel Product on the TRAVLR Platform by following the respective booking process displayed therein.
- By making or completing a Reservation of a Travel Product, you:
- confirm that you have read and understand, and you accept, the Provider Terms and Conditions applicable to, the Reservation of the Travel Products;
- offer to make the Reservation for the relevant Travel Products for the Total Price, subject to the Provider Terms and Conditions and this Agreement;
- agree to enter into a direct legally binding contractual relationship with the Travel Product Provider with which you make a Reservation or Purchase of the Travel Products, subject to confirmation of your Reservation by the Travel Product Provider and subject to the Provider Terms and Conditions and this Agreement; and
- agree, and undertake in favour of the relevant Travel Product Provider and Us, to be bound by, observe and comply the Provider Terms and Conditions.
- You acknowledge that your Reservation becomes binding on the Travel Product Provider only upon confirmation of acceptance of your Reservation by the Travel Product Provider and subject to cancellation under the Provider Terms and Conditions and this Agreement.
- The Travel Product Provider or TRAVLR reserve the right not to accept guests or Reservations (or in exceptional cases to cancel confirmed ones) at their discretion and for whatever reasons (including, without limitation, non-availability) without the need to justify such refusal or non-acceptance.
- In case a Reservation is rejected or cancelled by TRAVLR and a payment has already been made, you will receive a refund of the Total Price collected by TRAVLR, less any bank fees and third party process charges.
- In rare cases, We may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the TRAVLR Platform (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. The booking or awarded points will be adjusted, or, where relevant, the amount charged will be reimbursed without charge
- Payment of the Total Price
- If applicable and available, certain Travel Product Providers offer the opportunity for Reservations to be paid (wholly or partly and as required under the payment policy of the relevant Travel Product Provider) to the Travel Product Provider during the Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain Travel Products, TRAVLR acts as an intermediary to facilitate (through third party payment processors) the collection, payment and remittance of the Total Prices for the relevant Travel Products for and on behalf of those Travel Product Providers.
- Any payment facilitated by TRAVLR for and on behalf of, and transferred to, the Travel Product Provider will in each case constitute a payment of (part of) the Total Price by you of the relevant Travel Product and you cannot reclaim such paid monies, except where your Reservation is fully or partly refundable on cancellation and you have cancelled your Reservation in accordance with the provisions of this Agreement and the Provider Terms and Conditions (as applicable) prior to the expiration of the relevant period where refund may be claimed.
- For certain (non-refundable) rates or special offers, the Travel Product Providers may require that payment is made upfront by electronic transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making a Reservation. Please check the (reservation) details of the Travel Product for any such conditions prior to making your Reservation.
- You will not hold TRAVLR liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Travel Product Provider and, except to the extent where refund may be claimed on cancellation of your Reservation, not (re)claim any amount for any valid or authorized charge by the Travel Product Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
- In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In the event that your credit card company or bank charges the deducible from you because of unauthorized transactions resulting from a reservation made on the TRAVLR Platform, you will solely be liable, and release TRAVLR from any liability, for payment of this deductible.
- TRAVLR is not responsible for any fees that a third party payment processor may impose when TRAVLR charges the Total Price for a Reservation made by you, and TRAVLR disclaims all liability in this regard.
- Pre-payment, cancellation, no-show and fine print
- By making and completing a Reservation of a Travel Product, you accept and agree to the relevant cancellation and no-show policy for the Travel Product, and to any additional Provider Terms and conditions that may apply to the Travel Product (including the fine print of the Travel Product Provider made available on the TRAVLR Platform and the relevant house rules of the relevant Travel Product Provider), including for services rendered and/or products offered by the Travel Product Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Travel Product Provider can be obtained with the relevant Travel Product Provider.
- Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable Tax and fees may still be charged by the Travel Product Provider in the event of a no-show or charged cancellation. Please check the Reservation details of the Travel Product thoroughly for any such conditions prior to making your Reservation. Please note that a Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Travel Product Provider and the Reservation. Cancellation and prepayment policies may vary per segment or Travel Product. Please carefully read the Provider Terms and Conditions (including any fine print) and important information in your Reservation confirmation for additional policies as may be applied by the Travel Product Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Travel Product Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
- If you wish to review, adjust or cancel your Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Travel Product Provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
- If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Travel Product Provider so they know when to expect you to avoid cancellation of your reservation or room or charge of the no-show fee. TRAVLR does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Travel Product Provider.
- TRAVLR will not charge Users (not being Travel Product Providers) for any Reservation made via the TRAVLR Platform or your use, access or browsing of the Content contained therein, except for the Total Prices and any Applicable Taxes and fees charged by a third party or which TRAVLR is liable to pay as a result of your Reservation/.
- TRAVLR may receive a commission (being a small percentage of the Total Price for a Reservation of a Travel Product made via the TRAVLR Platform) from the Travel Product Provider.
- Cancellations and Refunds
- If a User cancels a confirmed Reservation, TRAVLR will refund the amount of the Total Prices which TRAVLR had collected from the User via the TRAVLR Platform at the time of Reservation process, to the User pursuant to the relevant Product Terms and Conditions and as otherwise in accordance with the provisions of this Agreement.
- If a TRAVLR Product Provider cancels a confirmed Reservation, TRAVLR will provide the User who has made the Reservation, a full refund of the Total Prices (which TRAVLR had collected via the TRAVLR Platform at the time of the Reservation process and which TRAVLR has not remitted the payment of the Total Prices to the Travel Product Providers at the time of your cancellation) less any third party bank fees, credit card charges and any other third party charges) within a commercially reasonable time of the cancellation. Such refund will be made to you using the same Payment Method and currency which you chose to pay the Total Prices at the time of Reservation, unless otherwise agreed.
- If a User or a Travel Product Provider decides for any reason to cancel a confirmed Reservation pursuant to the relevant Product Terms and Conditions and the provisions of this Agreement, the User whose Reservation has been cancelled, agree that TRAVLR will not have any liability for such cancellations or refunds aside from its obligations to remit refunds pursuant to the Product Terms and Conditions and the provisions of this Agreement.
- The TRAVLR Platform facilitates Reservations between you and the relevant Travel Product Provider who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the TRAVLR Platform allows Users to view the price of Listings in a number of currencies, the currencies available for Users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
- You may be given an option to pay for a Reservation in a currency different from their destination currency or the currency accepted by the Travel Product Providers. Travel Product price or rates provided in a currency other than the currency displayed on the TRAVLR Platform are converted to the displayed currency at a rate determined by TRAVLR, which may include a conversion and/or processing fee for certain currencies.
- The currency and amount you see displayed at the latest on the final booking page is the amount TRAVLR will charge to you. Your bank and/or any third party payment processor may impose additional fees on the transaction, over which TRAVLR has no control. Please note that exchange rates fluctuate daily.
- Prices for Travel Products
- Content, review and rating
- Third Party Links
- The TRAVLR Platform may contain links to websites or resources of the Travel Product Providers, payment processers or any other third party (“ Third-Party Sites”). Such Third-Party Sites may be subject to different terms and conditions and privacy practices. TRAVLR assumes no responsibility to verify, and is not responsible or liable for, the availability or accuracy of such Third-Party Sites, or the content, products, or services available from such Third-Party Sites, or any fraud or other crime facilitated thereby. Links to such Third-Party Sites are not an endorsement, sponsorship or approval by TRAVLR of such Third-Party Sites, their content and/or any services or products advertised therein. Therefore, your access, browsing and use of any Third-Party Sites, whether via the links contained in the TRAVLR Platform or otherwise, will be at your own risk.
- We, Our officers, directors, employees, agents, or related bodies corporate, do not recommend, sponsor, approve or endorse the content or privacy practices of any Third Party Sites, or products or services of any third party organisations mentioned or described on the Third Party Sites or linked to or from those Third Party Sites. You acknowledge that you enter any Third Party Sites at your own risk and that We are not responsible for Third Party Sites and any content thereof.
- Third Party Advertisements
The TRAVLR Platform may contain advertisements for goods and/or services sold or supplied by third parties. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. We, Our officers, directors, employees, agents or related bodies corporate do not recommend, sponsor, approve or endorse the goods or services that may be advertised on the TRAVLR Platform, nor do We offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the TRAVLR Platform, you do so at your own risk.
- Third Party Links
- Content, review and rating
- Content, reviews and ratings
- TRAVLR may, at its sole discretion, enable you to (i) create, upload, post, send, receive and store Content, such as text, photos, audio, video, reviews, ratings or other materials and information, on or through the TRAVLR Platform; and (ii) access, browse and view any User Content and any Content that TRAVLR itself makes available on or through the TRAVLR Platform, including proprietary TRAVLR Content and any Content licensed or authorized for use by or through TRAVLR from a third party (not being the Users).
- Reviews and ratings are a way for Users to share their experiences with one another. Any attempt to use reviews, ratings or review responses to force a User or any other person to do something they aren’t obligated to do is a misuse of reviews and ratings and We don’t allow it.
- Reviews and ratings are from those Users who have elected to post these on the TRAVLR Platform. Any User can review and rate a product, service or merchant, and as such, We give no warranty as to the accuracy or truth of any review or rating nor the level of performance that may be expected from products, services and/or merchants based on ratings or reviews. We do not endorse, verify or validate any review or rating posted by a User on the TRAVLR Platform.
- You acknowledge and agree that your User Content are non-confidential and non-proprietary.
- By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the TRAVLR Platform, you:
- grant a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to TRAVLR to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, or otherwise exploit in any manner such User Content to provide and/or promote the TRAVLR Platform and its use and access, in any media or platform. Unless you provide specific consent, TRAVLR does not claim any ownership rights in any User Content;
- further acknowledge and consent that your User Content (or part thereof) may be disclosed to or viewed, used or collected by other Users or any other person viewing or accessing to the TRAVLR Platform; and
- if it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you:
- unconditionally and irrevocably consent to all or any acts or omissions by TRAVLR or its licensees, successor and assigns in relation to the Content, which have already occurred or my occur in the future, which may infringe any and all moral rights in any of the Content;
- do not require that any personally identifying information be used in connection with the Content or any derivative works of or upgrades or updates thereto;
- have no objection to the publication, use, modification, deletion and exploitation of the Content by TRAVLR or its licensees, successors and assigns;
- to the maximum extent permitted by law, forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
- forever release TRAVLR and its licensees, successors and assigns, from any claims that you could otherwise assert against TRAVLR by virtue of any such moral rights.
- You are solely responsible for all User Content that you make available on or through the TRAVLR Platform. Accordingly, you represent and warrant that:
- either you are the sole and exclusive owner of all User Content that you have made available on or through the TRAVLR Platform or you have all rights, licenses, consents and releases that are necessary to grant to TRAVLR and its users the rights in and to such User Content, as contemplated under the Agreement; and
- neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or TRAVLR's use of the User Content (or any portion thereof) infringes or will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
- no proceedings have been instituted by any third party against the User in connection with any User Content for the infringement of that party’s intellectual property rights.
- User contributions
When submitting Content to the TRAVLR Platform in any format, including but not limited to text, photographs, graphics, video, audio, reviews and ratings ( User Content), you must not submit any User Content that:
- contains, promotes, or provides information about unlawful activities or conduct;
- is, or could reasonably be expected to be discriminatory, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful;
- racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- contains nudity, excessive violence, or sexual acts or references;
- poses or creates a risk to a person's privacy, security or safety;
- is illegal or violates another person’s or entity’s rights, including intellectual property rights and privacy rights and rights relating to confidential information
- discloses personal information of another person or persons without their prior consent;
- contains information that you know, or ought reasonably to have known or suspected to be false, misleading or deceptive;
- contains viruses, other computer codes, files or programs that are designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- advertises, promotes or solicits any goods or services or commercial activities unless prior permission has been expressly given by Us;
- contains any form of financial, legal, medical or other professional advice;
- transmits "junk mail", "chain letters", "unsolicited emails", "instant messaging", or which constitutes "spimming" or "spamming";
- impersonates any person or entity;
- solicits money, passwords or personal information from any person;
- is untrue, false or misleading;
- adversely affects the goodwill of the business of TRAVLR; or
- is prohibited by the Agreement.
- Removal of User Content
You acknowledge that any User Content you submit on the TRAVLR Platform can be removed by Us at any time without notice, at Our sole discretion.
- Copyright and other intellectual property rights
- The TRAVLR Platform, TRAVLR Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia and other countries. You acknowledge and agree that the TRAVLR Platform and TRAVLR Content, including all associated intellectual property rights, are the exclusive property of TRAVLR and/or its licensors or authorizing third-parties (not being Users). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the TRAVLR Platform or TRAVLR Content. All trademarks, service marks, logos, trade names, and any other source identifiers of TRAVLR used on or in connection with the TRAVLR Platform and its Content are trademarks or registered trademarks of TRAVLR in Australia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the TRAVLR Platform and/or its Content are used for identification purposes only and may be the property of their respective owners. Copyright in any such content including, without limitation, product specific images, trade marks or other third party content referred to or appearing on the TRAVLR Platform remains with, as applicable, Our licensors, affiliates, advertisers, third party contributors, or the person or party acknowledged by Us as being its owner, licensor or source. All other rights (including copyright) in, without limitation, the content, compilation, composition, functionality, logo and name of the TRAVLR Platform are owned or controlled or reserved by Us.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the TRAVLR Platform or its Content, except to the extent you are the legal owner of certain User Content or as otherwise expressly permitted in the Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TRAVLR or its licensors, except for the licenses and rights expressly granted in the Agreement.
- No Warranties and liabilities
TRAVLR does not edit or control the User Content posted to or distributed on the TRAVLR Platform, and will not be in any way responsible or liable for such User Content. To the extent permitted by law, and subject to any other clause in the Agreement, We make no warranties in relation to the Content (including any User Content), completeness of search results, suitability, quality, safety or legality of any items listed on the TRAVLR Platform.
- Breach of Copyright
If you consider that any Content on the TRAVLR Platform breaches your intellectual property rights please notify Us. Notification, and any action that We may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that We accept any liability in relation to such a breach. We do not guarantee to take any action if notified under this clause.
- Content, reviews and ratings
- Prohibited Activities
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the TRAVLR Platform.
- In connection with your access, browsing and use of the TRAVLR Platform, you undertake that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, the Agreement;
- copy, store or otherwise access or use any information, including personally identifiable information about any other Users, contained on the TRAVLR Platform in any way that is inconsistent with this Agreement or that otherwise violates the privacy rights of Users or third parties;
- access or use the TRAVLR Platform for any unlawful purpose; or for any purpose prohibited or otherwise not authorised by the Agreement;
- transmit (or authorise the transmission of) "junk mail", "chain letters", "unsolicited emails", "instant messaging", or otherwise use the TRAVLR Platform for "spimming" or "spamming";
- impersonate any person or entity or otherwise violate or infringe anyone else's rights or otherwise cause harm to anyone;
- harm, abuse, harass, stalk, threaten or otherwise offend others;
- solicit money, passwords or personal information from any person;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
- dilute, tarnish or otherwise harm the “TRAVLR" brand in any way, including through unauthorized use of its Content, registering and/or using TRAVLR or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to the TRAVLR domains, trademarks, taglines, promotional campaigns or the TRAVLR Platform;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the TRAVLR Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by TRAVLR or any of TRAVLR's providers or any other third party to protect the TRAVLR Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the TRAVLR Platform; and/or
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the TRAVLR Platform.
- You acknowledge that TRAVLR has no obligation to monitor the access to or use of the TRAVLR Platform by any User or any other persons or to review, disable access to, or edit or screen any User Content, but reserves the right, and has absolute discretion, to do so to (i) operate, secure and improve the TRAVLR Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users' compliance with this Agreement; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in this Agreement. You undertake to cooperate with and assist TRAVLR in good faith, and to provide TRAVLR with such information and take such actions as may be reasonably requested by TRAVLR with respect to any investigation undertaken by TRAVLR or a representative of TRAVLR regarding the use or abuse of the TRAVLR Platform.
- If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of any inappropriate use of your Content or any breach of your privacy, or (iii) engages in any other disturbing conduct, you should immediately report such person to TRAVLR; provided that such report will not obligate Us to take any action beyond that required by law (if any) or cause Us to incur any liability to you.
- Term and Termination, Suspension and other Measures
- If you have a TRAVLR Account, You may request to close or cancel your Account at any time by following the instructions contained in the TRAVLR Platform or by sending Us an email ( Account Cancellation Request). Upon receipt of your Account Cancellation Request, We will seek to close your TRAVLR Account within 7 days after the receipt of your Account Cancellation Request.
- You cannot cancel or revoke your Account Cancellation Request, once made, except with Our prior written approval.
- TRAVLR may, at any time by 7 days prior notice to you, terminate your TRAVLR Account and/or your access or use of the TRAVLR Platform.
- Without limiting clause 7(c). TRAVLR may immediately, without notice, terminate your TRAVLR Account and/or your access or use of the TRAVLR Platform if (i) you have breached your obligations or any of your warranties or representations under the Agreement, (ii) you have violated applicable laws, regulations or third party rights, or (iii) TRAVLR believes in good faith that such action is reasonably necessary to protect the personal safety or property of TRAVLR, or third parties, (iv) TRAVLR suspects of any illegal use of your TRAVLR Account (if any), whether caused or authorised by you, or (v) TRAVLR suspects that you are not eligible or authorised to register a TRAVLR Account.
- If your TRAVLR Account is closed or terminated, your Profile or User Content will be removed from the TRAVLR Platform or deleted by Us.
- In addition, TRAVLR may, in its absolute discretion, take any of the following measures: (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached the Agreement applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during your Account registration, or (iv) TRAVLR believes in good faith that such action is reasonably necessary to protect the personal safety or property of TRAVLR, its Users, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Content, ratings or reviews;
- limit your access to or use of the TRAVLR Platform;
- temporarily or permanently revoke any special status associated with your Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your Account.
You access and use the TRAVLR Platform voluntarily and at your sole risk. The TRAVLR Platform and the Content is provided “as it”, without warranty of any kind, either express or implied. TRAVLR does not warrant and make no representations regarding suitability, availability, accuracy, reliability, completeness or timeliness of any material of any kind contained within the TRAVLR for any purpose, including the software, products, services, information, test and related graphics content. To the fullest extent permitted by law, TRAVLR disclaims all representation’s, conditions and warranties of any kind, either express or implied, including, but not limited to, the implied conditions or warranties or merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the right s of third parties. TRAVLR does not warrant or make any representations that the TRAVLR Platform will operate error free or uninterrupted that completeness or timeliness of any material of any kind contained within the TRAVLR Platform for any purpose, including software products, services, information, text and related graphic Content.
- Site Functionality
To the extent permitted by law, We do not warrant that functions contained on the TRAVLR Platform such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that the TRAVLR Platform or the server that makes it available are free from viruses or bugs.
- User Content
To the extent permitted by law, We do not warrant that any User Content you submit on the TRAVLR Platform will be protected against loss, misuse or alteration by third parties.
- Limitation of liability
- No liability
You acknowledge and agree that, to the maximum extent permitted by law:
- the entire risk arising out of your access to and use of the TRAVLR Platform and its Content or any other interaction you have with other Users or any other persons whether in person or online remains with you.; and
- We take no responsibility and assumes no liability for any Content posted, stored, or uploaded by you, any other Users or third party on or through the TRAVLR Platform or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehoods or obscenity you may encounter.
- Implied Terms and Guarantees
Subject to any statutory guarantees, conditions, warranties or rights that cannot be excluded or limited under the Competition and Consumer Act 2010 (Cth) and other consumer protection laws:
- We give no guarantee, condition, warranty or undertaking, and We make no representation to you about the condition, suitability, safety or fitness for purpose of the TRAVLR Platform;
- All implied conditions, implied warranties, and implied rights are excluded from this Agreement (collectively ' Implied Terms and Guarantees').
- Goods or Services
If We become liable to you under this Agreement or pursuant to any Implied Terms and Guarantees imposed on Us by operation of law, that liability is limited to the maximum extent permitted by law. That is, to the extent it is fair and reasonable, Our liability for any goods and/or services supplied under this Agreement is limited to, at Our election and in Our absolute discretion, either to:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of having the goods replaced; or
- the payment of the cost having the goods repaired.
- in the case of services:
- the re-supply of those services; or
- the payment of the cost of having those services re-supplied.
- in the case of goods:
- Extent of Liability
Except as provided in this clause 10, and notwithstanding any implication arising from any other clause in this Agreement, We will not, to the maximum extent permitted by law, be liable to you or any person claiming through or under you in contract or in tort for or in respect of any direct loss, damage, expense or injury suffered by you or any other person, arising out of or in relation to this Agreement, their performance, any delay in their performance or their non-performance (including by way of illustration and not limitation, liability due to Our negligence or default).
- Consequential Loss and Damage
Notwithstanding anything contained in this Agreement, We will not, to the maximum extent permitted by law, be liable to you or any person claiming through or under you in contract or in tort in respect of any indirect or consequential loss, damage, expense or injury suffered by you or any other person (including by way of illustration and not limitation, loss of profits, income or product).
- No liability
To the maximum extent permitted by law, you agree to fully indemnify and hold Us harmless against any expenses, costs, losses (including consequential losses) or damage that We may suffer or incur:
- as a result of or in connection with your use of, access to or conduct in connection with the TRAVLR Platform, including but not limited to, any breach by you of this Agreement or any posting of the User Content;
- your violation of any law or the rights of a third party; and/or
- your breach of this Agreement.
If any provision or provisions of this Agreement is or are deemed to be invalid by a court of competent jurisdiction, the invalidity of that provision or those provisions will not affect the validity of the remaining provisions in this Agreement, which will remain in full force.
- General Provisions
- Except as it may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire agreement between TRAVLR and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between TRAVLR and you in relation to the access to and use of the TRAVLR Platform.
- Where anything depends on the consent or approval of TRAVLR then, unless this Agreement provides otherwise, that consent or approval may be given conditionally or unconditionally or withheld, in the absolute discretion of TRAVLR.
- No joint venture, partnership, employment, or agency relationship exists between you and TRAVLR as a result of this Agreement or your use of the TRAVLR Platform.
- If any of these Terms and Conditions is held to be invalid or unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.
- TRAVLR's failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- Except as may be expressly provided for elsewhere in this Agreement, you will be responsible for all costs and expenses incurred in your access to and use of the TRAVLR Platform.
- Governing law
The Agreement (including these Terms and Conditions) is governed by and shall be interpreted in accordance with the laws in force in the State of Victoria, Australia. By accessing and using the TRAVLR Platform, you agree and shall be taken to consent and submit to the exclusive jurisdiction of the courts sitting in Melbourne, Victoria and the Federal Court of Australia (sitting in Melbourne, Victoria).
“advertise” includes advertise, promote, market, publish, display, describe and offer for Purchase and“advertised” or “advertisement” have the corresponding meaning.
“Content” means text, graphics, images, pictures, photos, animations, music, software, audio, video, information or other materials.
“Listing” means the Travel Products that are listed by a Travel Product Provider as available via the TRAVLR Platform
“Member” means a User who complete TRAVLR Account registration process.
“Payment Method” means a financial instrument and currency that you have selected for payment of the Total Price for the Travel Products which you have made a Reservation via the TRAVLR Platform, including a credit card, debit card, or PayPal account.
“Permitted Purposes” has the meaning given to that term in clause 2.1.
“Provider Terms and Condition” means in relation to a Travel Product, terms and conditions for the sale, supply or provision of the Travel Product by its Travel Provider and includes all applicable policies and fine print (whether they are advertised or published on the TRAVLR Platform), house rules, disclaimers and limitations of liability for the Reservation, use, delivery (including shipping and carriage), payment, refund, cancellation, and special restrictions and conditions, for example non-cancelable and non-refundable, validity and expiration period, access and consummation of the relevant Travel Product.
“Purchase” includes, purchase, rent, hire, acquire and buy.
“Reservation” means a booking, order, Purchase, payment or reservation of a Travel Product made on or via the TRAVLR Platform.
“Taxes” means applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes.
“Total Price” means, in relation to a Travel Product, all fees and applicable Taxes (if any) payable for any Reservation requested in connection with the Travel Product, which is to be fixed by the Travel Product Provider and will be presented to you immediately prior to your Reservation request being made on the Travel Platform.
“TRAVLR Account” or “Account” means an account which TRAVLR requires you to open and register, in order to access and use certain features of the TRAVLR Platform.
“TRAVLR Content” means all Content that TRAVLR makes available through the TRAVLR Platform, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
“TRAVLR Destination” means the locations which Users and other people may explore or gather travel related information through the TRAVLR Platform, as may be listed on the TRAVLR Platform from time to time.
“TRAVLR Group” means the group comprising of TRAVLR and each of its related bodies corporate and related entities.
“TRAVLR Platform” means the websites of the TRAVLR Group, including:
and includes any discussion forums, bulletin boards, or other forums contained therein, any subdomains thereof, and any related applications.
“Travel Product Provider” means the provider of the relevant Travel Products.
“Travel Products” means the travel related products and/or services advertised at the TRAVLR Platform and includes, without limitation, accommodation (including, hotel, hostel, motel, bed and breakfast, serviced apartment) flights, restaurants, car and motor vehicle rentals, tours (including cruises, coach tours and sightseeing tours), attractions (e.g. theme parks and museums), transportation (including, rail passes, airport rides, transfers, ferries, buses), and a “Travel Product” means any one of them.
“User Content” means all Content that a User posts, uploads, publishes, submits, transmits, distributes, displays or sends on or through the TRAVLR Platform, and including any reviews and ratings placed by that User.
“User” means any person who uses, accesses or views the TRAVLR Platform, whether he or she has a TRAVLR Account.
(Last Update: February 2018)