(a) Webjet Exclusives makes available for sale on the Webjet Exclusives website (Website) vouchers (Exclusives) that are redeemable for the travel-related goods and/or services (Travel Products) from one or more airlines, hotels and other third-party travel providers (Travel Providers) specified for the Exclusive.
(b) By offering an Exclusive for sale, Webjet Exclusives does not endorse or recommend the relevant Travel Product(s) or Travel Provider(s).
1.2 Information on the Website
(a) Some of the material accessible through the Website is provided by Travel Providers. Webjet Exclusives is not responsible for this material. Webjet Exclusives does not warrant, and disclaims any liability for the accuracy or completeness of the information provided by Travel Providers in relation to their Travel Products.
(b) Information provided through the Website is provided in good faith, and is subject to amendment at any time without notice.
(c) You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Website.
(d) The Website does not include all the Travel Products available in the market.
2. Travel Products
2.1 Rights to Travel Products
(a) By purchasing an Exclusive, you obtain the right to make a booking with the relevant Travel Provider for the relevant Travel Products, in accordance with these terms.
(b) Webjet Exclusives has no responsibility for the provision of, and excludes all liability in relation to, the Travel Products.
2.2 Product Terms In addition to these terms, Travel Providers may impose (and you must comply with) their own terms and conditions in relation to their Travel Products (Product Terms) (for example, an airline’s terms of carriage). You should carefully read the Product Terms specific to Travel Products before completing your purchase. 3. Your obligations 3.1 Your account
(a) To use the facility provided on the Website for the purchase of Exclusives (Purchase Facility), you will be required to create an online account (Account) and/or provide:
(i) personal information;
(ii) billing information;
(iii) any other information reasonably required by Webjet Exclusives to complete your purchase of the Exclusive; and
(iv) an Account password.
(b) You are responsible for all use of the Purchase Facility, and all transactions entered into by means of the Purchase Facility, under your Account. Webjet Exclusives takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties, or through any unauthorised access to your personal information.
(c) You indemnify Webjet Exclusives from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Purchase Facility by you or any other person using your membership identification, Account or password.
3.2 Your obligations
(a) You must:
(i) have sufficient credit on your credit card account to meet all charges for Exclusives you purchase through the Purchase Facility;
(ii) keep secure any means of identification that Webjet Exclusives provides to you in order to access the Purchase Facility;
(iii) comply with requirements for the Travel Product you’ve booked, including any Travel Provider terms (where applicable); and
(iv) ensure that you have the necessary documentation to travel.
(b) You must not:
(i) access or use the Purchase Facility:
(A) for the purpose of “carrying on a business as a travel agent” within the meaning of Australian State and Territory legislation regulating travel agents, unless you are a licensed travel agent under that legislation;
(B) for any activities which breach any laws, infringe any third party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority;
(C) in any way which interferes with other users or defames, harasses or menaces anyone;
(D) for any purpose (commercial or otherwise) other than the purpose of purchasing Exclusives (Permitted Purpose) without the express written permission of Webjet Exclusives, including any reproduction, data mining, automated querying or similar data extraction processing;
(ii) reverse or cancel a Transaction without Webjet Exclusives’ prior written consent;
(iii) resell any rights to Travel Products acquired through the purchase of an Exclusive; or
(iv) permit any other person to use your user identification to access the Purchase Facility, or grant a third party the right to access and use the Purchase Facility.
(c) You are solely responsible for:
(i) assessing the suitability of any Travel Products for your needs; and
(ii) all matters relating to complying with the laws and regulations of all immigration authorities of the countries you travel to and from.
3.3 Intellectual property
(a) All the intellectual property rights in the Website and the Purchase Facility are owned by Webjet Exclusives and/or its licensors (as applicable). The only rights you have to this intellectual property are the limited rights to use and access the Website and the Purchase Facility for the Permitted Purpose.
(b) You must not:
(i) disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Website or the Purchase Facility; or
(ii) modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Website or the Purchase Facility.
3.4 Your information
(b) Webjet Exclusives may use information about you for marketing, internal planning or product development purposes in order to improve the quality of Webjet Exclusives’ products and services, and may disclose some of your information at an aggregate level for marketing purposes provided that you cannot be personally identified from this aggregated data.
(c) You grant Webjet Exclusives your ongoing consent to use your information to promote and market Webjet Exclusives’ products and services and make other offers to you (including by making telemarketing calls to you, and sending you electronic messages including via email and SMS) and will be automatically added to Webjet Exclusives’ email newsletter for product and promotional updates. You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish Webjet Exclusives to contact you or you would like Webjet Exclusives to stop promoting and marketing products, services and other offers to you, please either unsubscribe from those updates or contact Webjet Exclusives at any time by contacting Customer Support.
3.5 Margin You acknowledge and agree that Webjet Exclusives may receive part of the amount you pay for an Exclusive as its margin.
4. Bookings for Travel Products
(a) In order to redeem an Exclusive, you will need to make a booking for the Travel Products to which you have purchased the rights as part of the Exclusive.
(b) Any booking must be made by the process specified during the purchase process in relation to the Exclusive, including that the booking must be made during the booking period specified during the purchase process (Booking Period) and must be during the redemption period during the purchase process (Redemption Period).
(c) Your ability to make a booking for the Travel Products will be subject to the Travel Products’ availability from the Travel Provider and any conditions imposed as part of the Exclusive (including blackout periods).
(d) You are encouraged to make a booking as early as possible during the Booking Period so that you are more likely to be able to redeem the Exclusive for the Travel Products at a time that suits you.
(e) If you attempt to make a booking or otherwise redeem an Exclusive contrary to these terms, this may render the Exclusive void at Webjet Exclusives’ or the relevant Travel Provider’s discretion.
4.2 Bookings with Travel Providers
(a) If you are required to make a booking directly with the Travel Provider, Webjet Exclusives takes no responsibility for the booking process or any non-availability of any booking facilities during the Booking Period.
(b) If the Travel Provider allows an Exclusive to be redeemed for goods and services other than the Travel Products, you acknowledge that you will not be entitled to a credit, cash or new Exclusive equal to any difference between the value of the Travel Products and the value of the goods and services provided by the Travel Provider.
4.3 Lost or stolen Exclusives Neither Webjet Exclusives nor the relevant Travel Provider are responsible for any lost or stolen Exclusives or reference or identification numbers provided in connection with an Exclusive
4.4 Failure to make a booking If you fail to make a booking for the Travel Products during the Booking Period, you agree that the Travel Provider is under no obligation to provide you with the Travel Products and you are not entitled to a refund or credit from Webjet Exclusives,
4.5 Changes and cancellations Any changes to or cancellations of a booking made for a Travel Product must be arranged with, and are subject to the Product Terms or any other terms imposed by, the relevant Travel Provider.
5. Travel requirements
(a) All departing passengers require a valid passport for international travel. This means the passport must be valid for a set minimum period beyond your travel dates (the required minimum period depends on the country you visit).
(b) Please ensure you have a valid passport well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
(c) The Australian Department of Foreign Affairs and Trade provides helpful information on applying for or renewing an Australian passport.
(a) A visa provides you with the authority as a non-citizen to travel to another country. Some countries will not allow you to enter without a visa, or in some cases, without proof of a return or onward electronic or paper ticket.
(b) Please ensure you have a valid visa for all the countries you are travelling to which require a visa well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation. Webjet Exclusives is not able to provide advice regarding a country’s entry requirements and it is each travellers’ responsibility to ensure they are compliant.
(c) Visas are obtained from the issuing authority in Australia, usually an embassy. Visa requirements vary by both country you are travelling to and the current citizenship you hold so please ensure you check well in advance of your travel dates to allow sufficient processing time as required by the embassy. If you have booked a one-way ticket please ensure you have checked with the Consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations.
(a) Webjet Exclusives recommends before travelling you check the Government website relating to the countries you are travelling to for any applicable travel advisories relevant to those countries.
(b) As well, please note that Government legislation prohibits the carriage of dangerous goods on aircraft.
6. Payments and refunds
(a) Exclusives may require a deposit or full payment at the time of purchase and will be specified on the package’s deal pages. Where a deposit has been paid, final payment will be required at a later date according to the package’s fine print.
(b) By clicking “Pay Now”, you accept:
(i) Webjet Exclusives’ offer to sell the Exclusive (and the rights to the Travel Products included in that Exclusive) to you for the price set out in your shopping cart; and
(ii) Webjet Exclusives’ offer to supply payment processing services for your purchase through the Purchase Facility,
subject to these terms and any applicable Product Terms.
(c) Your purchase of an Exclusive is not binding on you or Webjet Exclusives, until you click “Pay Now” and your acceptance is received by the Webjet Exclusives’ host provider.
(d) Your purchase of an Exclusive is not confirmed and you will not be able to make a booking for the Travel Products until authorisation has been obtained from the relevant card company. Any confirmed purchase is subject to your credit card approval for the purchase.
(e) Where payments are required to be made directly to third party providers, you will be subject to their payment terms and conditions which may differ from Webjet Exclusives’. This may include, but will not be limited to, the offer of 0% Interest Free Payment Plans.
6.2 Credit check
(i) authorise Webjet Exclusives’ agents to:
(A) charge all fees incurred to the credit card designated by you;
(B) disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide; and
(C) take steps to confirm that there is sufficient credit on your credit card account to meet likely charges;
(ii) authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to Webjet Exclusives are accurate; and
(iii) consent to Webjet Exclusives supplying your billing, payment and identification information (including personal information) to those Travel Providers who will supply to you the Travel Products acquired through your purchase of the Exclusive.
(b) Before Webjet Exclusives proceeds to process any purchase or take any steps required so that you are entitled to redeem the Exclusive and make a booking for the Travel Products, various checks are taking place to validate the integrity of credit card information and in certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity. The intent of this process is to reduce any potential risk of fraud and disruption to the booking or check in processes.
(c) If your credit card is not approved Webjet Exclusives will attempt to contact you. Where Webjet Exclusives cannot contact you and the sale period for that Exclusive lapses, Webjet Exclusives will have no choice but to cancel your purchase. Under these circumstances Webjet Exclusives accepts no responsibility for any costs of purchasing and booking replacement travel products.
(d) Webjet Exclusives reserves the right at its absolute discretion to decline or accept purchases made from outside Australia. Any automatic booking confirmations for such bookings are conditional contingent on Webjet Exclusives’ view of any financial risks, potential ticket despatch delays, or other international regulations that may apply.
(e) If payment is not received from your card issuer or its agents for any reason, you agree to pay Webjet Exclusives all amounts due on demand.
(a) You may request from Webjet Exclusives and receive a full cash refund on a purchased Exclusive, provided that your request is made within 21 days after the date of purchase of the Exclusive and you have not made a booking for any of the Travel Products or received any of the Travel Products at the time of making the request. Note that a booking is considered complete once travel dates are submitted and payment has been made, regardless of whether further traveler information is requested. If:
(i) a Travel Provider has failed or refused to supply a Travel Product in accordance with the details of the Exclusive provided on the Website;
(ii) a Travel Provider has unreasonably imposed pre-conditions, lengthy waiting periods or other barriers to you making a booking for a Travel Product or otherwise redeeming or exercising the rights under a purchased Exclusive despite it being validly presented or attempted for redemption;
(iii) a Travel Provider has supplied a Travel Product which was either not of merchantable quality or unfit for the purpose for which it was intended or which has not met your reasonable expectations;
(iv) an error arises in the placing of unwanted purchases of an Exclusive, including, for example, where through technical or usage errors you inadvertently purchase more Exclusives than you had intended; or
(v) a Travel Provider moves from one or more of its locations at which a Travel Product was to be supplied, or (whether permanently or temporarily) closes one or more of those locations, at any time prior to or during the Redemption Period,
Webjet Exclusives may elect at its discretion to provide you with a refund in the form of monetary payments (which may be a total or partial refund), Webjet Exclusives credits (including credits that may be redeemed through the acquisition of goods or services from third parties) or a combination of both, up to a value equal to the price paid for the Exclusive.
(b) Any request for a refund of the amount paid for an Exclusive other than in accordance with paragraphs (a) and (b) must be directed to the relevant Travel Provider and will be determined by that Travel Provider in accordance with any applicable terms and conditions or otherwise in its discretion.
(c) If you are entitled to a refund under these terms, Webjet Exclusives will refund the amount that you paid for the Exclusive to the payment method used to make the purchase. Webjet Exclusives, at its discretion, may choose to refund the amount via an alternative method than that used to make the purchase.
(d) The refund will be paid in $AUD and will be that amount paid for the Exclusive in $AUD at the time of purchase.
(a) All pricing is reflected in Australian Dollars (AUD).
(b) All prices are inclusive of taxes, including GST, where applicable.
(c) Travel Providers may impose additional charges in some circumstances, which will be described on the website and which must be settled directly with the Travel Provider.
(d) Webjet Exclusives makes no representation that its Exclusives are identical to or cheaper than the prices for the Travel Products that may be obtained from time to time from the relevant Travel Provider or a third party.
(e) Webjet Exclusives reserves the right for marketing and commercial reasons to modify prices.
7.2 GST for non residents booking domestic flights in Australia GST is still applicable in circumstances where your domestic ticket is booked and ticketed separately to the international portion of your ticket or where it is subsequently separately booked and ticketed, the domestic booking is not cross referenced to the international booking.
8. Flight Credit (Webjet Vouchers)
(a) Vouchers may be redeemed at www.webjet.com.au.
(b) Vouchers will take 72 hours to activate, and will not be redeemable for 72 hours after issue.
(c) Voucher amounts are in Australian dollars (AUD) and can be redeemed in Australian Dollars only.
(d) Vouchers and unused portions of vouchers should be spent within the expiry date indicated on the voucher.
(e) Vouchers are not redeemable for cash and are not refundable.
(f) Webjet Vouchers are partially redeemable. Any unused balance must be utilised by the end of the validity period. Any unused balance will not be refunded or credited after the voucher expires.
(g) Any unused balance will be placed in the recipient’s voucher account and is not transferable. The original expiration date will apply to any unused balance.
(h) Where the cost of purchase exceeds the available voucher balance, the voucher holder will be required to make up the difference between the purchase price and voucher balance.
(i) Vouchers are redeemable for bookings that contain flights or hotels. Vouchers can also be used for hotel bookings or flight bookings that include hotels, travel insurance and car hire. However only the amount payable at the time of booking can be redeemed with a Webjet Gift Voucher. Where a booking contains a hotel or car hire, a credit card must be provided to secure the booking(s).
(j) Webjet reserves the right to close customer accounts and request alternative forms of payment if a fraudulently obtained voucher is redeemed through the Webjet web site.
(k) Webjet disclaims responsibility for any lost or stolen vouchers. The voucher holder is responsible for the use and safety of the Voucher and is liable for all transactions on the Voucher.
9.1 Non-excludable Obligations
(a) Certain laws imply terms (Non-excludable Obligations) into contracts for the supply of goods or services that cannot be excluded.
(b) Except in relation to Non-Excludable Obligations:
(i) Webjet Exclusives makes no representations, warranties or guarantees in relation to the Travel Products or the availability, continuity, reliability, accuracy, currency or security of the Website or the Purchase Facility; and
(ii) all warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law.
(a) Webjet Exclusives excludes all liability (including for negligence) for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment.
(b) To the maximum extent permitted by law, Webjet Exclusives is not responsible or liable (including for negligence) to you for:
(i) any technical errors, corruption of data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by Webjet Exclusives to complete purchases of Exclusives (including if the Website or the Purchase Facility is not available for any reason) where that failure is due to circumstances beyond its control;
(ii) the quality of the Travel Products, or any inconvenience caused or expense incurred to you or any third party as a result of any unsuitability of Travel Products for your needs, including for use in association with other travel services;
(iii) any failure or delay on the part of any Travel Provider in providing Travel Products to you where your Booking has been properly processed;
(iv) any acts or omissions of Travel Providers or other third parties in the course of delivery of any Travel Products, except to the extent that responsibility for those matters may be imposed on Webjet Exclusives by legislation that cannot be excluded.
(a) Where Webjet Exclusives is liable to you under these terms and conditions (including for negligence) in relation to a Non-excludable Obligation, to the maximum extent permitted by law Webjet Exclusives’ liability will be limited, at Webjet Exclusives’ option, to:
(i) resupply of the relevant goods or services; or
(ii) payment of the cost of resupplying the relevant goods or services.
(b) Except in relation to Non-excludable Obligations, our liability to you, whether in contract, tort (including for negligence) or otherwise for any loss or damage of any kind is limited to $1,000.00.
10.1 Changes to these terms Webjet Exclusives may amend these terms at any time by posting the revised version of the terms to the Website. The amended terms will take effect from the time of posting on the Website.
10.2 Assignment You must not novate or assign any of your rights under these terms to a third party.
10.3 Governing Law These terms are governed by the laws in force in Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning these terms.
11 Price guarantee
The Webjet Exclusives Price Guarantee is only applicable to purchases made prior to 13 May 2016.
(a) If you purchase an Exclusive on or after 1 October 2014 and find an identical travel deal for sale elsewhere at a cheaper price (Comparison Travel Deal), you are entitled to a refund of the purchase price and to retain your vouchers for redemption with the Travel Provider, subject to the following conditions:
(i) the Comparison Travel Deal must be for identical Travel Products to the Exclusive (for example, the resort, tour or cruise and any applicable inclusions) and may be available on any day throughout the Redemption Period (travel period);
(ii) the price of the Comparison Travel Deal that is used for comparison against the price of the Exclusive must be inclusive of all surcharges and taxes;
(iii) you must send an email to email@example.com with the following:
(A) a copy of your Exclusives purchased from Webject Exclusives; and
(B) evidence of the Comparison Travel Deal being available elsewhere at a cheaper price than the price of the Exclusive;
(iv) you must make the claim within 14 days after your purchase of the Exclusive (regardless of whether or not you have made a booking for the Travel Products);
(v) where the Comparison Travel Deal is available only in foreign currency, the comparison between the prices will be made by converting the price of the Comparison Travel Deal to AUD at the Mid-Market Rate as published on www.xe.com of the day you made your claim under this clause 8; and
(vi) Webjet Exclusives will use its reasonable endeavours to validate that the Comparison Travel Deal is genuinely for sale and able to be booked by members of the general public (and will reject your claim if it is unable to do so).
(b) If you are entitled to a refund under these terms, Webjet Exclusives will refund the amount that you paid for the Exclusive to the payment method used to make the purchase, within 5 business days of acceptance of your claim. Webjet Exclusives, at its discretion, may choose to refund the amount via an alternative method than that used to make the purchase. If you receive such a refund, you are not also entitled to any refund or credit under clause 6.3 of these terms in respect of the same Exclusive.
(c) The refund will be paid in $AUD and will be that amount paid for the Exclusive in $AUD at the time of purchase.
12. Fee Schedule
Webjet Exclusives may, at its discretion, assist customers with special requests to pending bookings or changes to existing bookings. Fees and charges will apply where the amendment is possible, see below. In some cases, amendments to existing bookings may not be permitted.
After making your Special Request, you may be advised of a date by which the booking must be finalised. If the booking is not finalised by the required date, any previous quote will become void and you will be automatically booked on the promotional fare.
(a) Initial change request – $250.00 per person + any additional charges applied by the airline / other travel provider
(b) Subsequent change request – $300.00 per person + any additional charges applied by the airline / other travel provider
(c) Changes within 30 days of departure $350.00 person + any additional charges applied by the airline / other travel provider
(d) Changes within 14 days of departure $500.00 per person + any additional charges applied by the airline/ other travel provider
(e) If the incorrect name has been advised to Webjet Exclusives on your Booking Form, charges of $150.00 per person + any additional charges applied by the airline / other travel provider will apply
13. 0% Interest Payment Plans
(a) 24 Months Interest Free: Minimum spend is $5,000. Minimum payments required.
(b) Available to approved customers only. Monthly payments must be made during the promotional period. Interest and payments are payable after the interest free period expires. Paying only the minimum monthly payment will not pay out the purchase before the end of the plan. A $99 annual fee for Gem Visa applies. At the end of the plan, interest will be charged at 24.99%. This notice is given under the Gem Visa Conditions of Use (as applicable), which specify all other conditions for this offer. Also available to CreditLine, GO MasterCard and Buyer’s Edge customers. Other conditions, fees and charges apply, see relevant product websites for details. Credit is provided by Latitude Finance Australia (ABN 42 008 583 588), Australian Credit Licence number 392145.
If any of the provisions of these terms and conditions are held to be invalid or unenforceable in whole or in part that part shall be severed from the remainder of the provisions and the validity of the other provisions and the remainder of the provision in question shall not be affected.