Agreement between User and Travel Talk (International) Pty Limited
Travel Talk (International) Pty Limited is an IATA accredited travel agent | ABN – 72 057 644 176/ IATA – 023 50375 / LIC 31742 (“Travel Talk” 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 Travel Talk. 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. Travel Talk 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 Travel Talk 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
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 at the time of enquiry, (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.
Third Parties
You cannot use this Site to submit Requests for or on behalf of a third-party (“Third-party”), such as a family member or a travelling companion unless you are a part of the travelling party. 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.
Response to Requests
While Travel Talk 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.
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
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
Please ensure that you hold a valid passport & Visas for the countries you visit. Most countries now insist that your passport must have a validity of least six months beyond your return date.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 Travel Talk, 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 Travel Talk debiting your account for any costs Travel Talk 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 Travel Talk (Intl) 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 48 hours. If your travel documents and packages need to be delivered by mail, we will send them within 48 hours after receiving all relevant documents from their suppliers. 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 not 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.
Hotel Service Restrictions
General
Hotel room bookings made available through Travel Talk 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.
Must be 18 Years of Age
You must be 18 years of age to use our online flight booking service.
