Terms & Conditions

 

These terms and conditions (terms) govern the relationship between you and Webjet Marketing Pty Ltd (ABN 84 063 430 848) (Webjet Exclusives) in relation to the provision of Exclusives by Webjet Exclusives. By purchasing an Exclusive, you acknowledge that you have read and understood, and agree to be bound by these terms. You must be at least eighteen (18) years old to purchase an Exclusive. If you are under eighteen (18) years old you must not purchase an Exclusive.

1.          Exclusives

1.1         Exclusives – two types of products

Webjet Exclusives makes available for sale on the Webjet Exclusives website (Website) two types of products (Exclusives):

(a)          Product 1 – Vouchers (Exclusive Vouchers) that are redeemable for 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; and

(b)          Product 2 – Exclusive holiday packages (Exclusive Packages) where Webjet Exclusives arranges the Exclusive Package and provides this package to you using one or more Travel Providers.

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 including 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.          Exclusive Vouchers

2.1         Rights to Travel Products

(a)          By offering an Exclusive Voucher for sale, Webjet Exclusives does not endorse or recommend the relevant Travel Product(s) or Travel Provider(s).

(b)          By purchasing an Exclusive Voucher, you obtain the right to make a booking with the relevant Travel Provider for the relevant Travel Products, in accordance with these terms.

(c)          Webjet Exclusives has no responsibility for the provision of Travel Products by Travel Providers, and excludes all liability in relation to, the Travel Products.

2.2         Product Terms

In addition to these terms, all travel documentations issued by Webjet Exclusives in connection with the Travel Products are subject to the tariff terms and conditions contained in the contracts in use by the relevant Travel Providers (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.          Exclusive Packages

3.1         Rights to Exclusive Packages

(a)          By purchasing an Exclusive Package, you make a booking with Webjet Exclusives for it to provide you with the relevant Exclusive Package in accordance with these terms.

(b)          Webjet Exclusives has no responsibility for the provision of Exclusive Packages, and excludes all liability in relation to any Travel Products incorporated in an Exclusive Package.

3.2         Product Terms

In addition to these terms, all travel documentation issued by Webjet Exclusives in connection with the Travel Products are subject to their relevant Product Terms (for example, an airline’s terms of carriage).  You should carefully read the Product Terms relevant to Travel Products comprised in your Exclusive Package before completing your purchase.

4.          Your obligations

4.1         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.

4.2         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; or

(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.

4.3         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.

4.4         Your information

(a)          Webjet Exclusives may use and disclose any personal information collected by Webjet Exclusives about you in accordance with Webjet Exclusives’ privacy policy.  Webjet Exclusives may also provide such personal information to Travel Providers as is required to verify that you have purchased an Exclusive and that you have the right to redeem your Exclusive with the Travel Provider so that the Travel Provider can complete your booking for the Travel Product.  You accept that the recipients of this disclosure may not have in place privacy policies equivalent to Webjet Exclusives’.

(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.

4.5         Margin

You acknowledge and agree that Webjet Exclusives may receive part of the amount you pay for an Exclusive as its margin.

5.          Exclusive Vouchers – Bookings

5.1         Bookings

(a)          In order to redeem an Exclusive Voucher, you will need to make a booking for the Travel Products to which you have purchased the rights as part of the Exclusive Voucher.

(b)          Any booking must be made by the process specified during the purchase process in relation to the Exclusive Voucher, 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 Voucher (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 Voucher for the Travel Products at a time that suits you.

(e)          If you attempt to make a booking or otherwise redeem an Exclusive Voucher contrary to these terms, this may render the Exclusive Voucher void at Webjet Exclusives’ or the relevant Travel Provider’s discretion.

5.2         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 Voucher 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 Voucher equal to any difference between the value of the Travel Products and the value of the goods and services provided by the Travel Provider.

5.3         Lost or stolen Exclusives

Neither Webjet Exclusives nor the relevant Travel Provider are responsible for any lost or stolen Exclusive Voucher or reference or identification numbers provided in connection with an Exclusive Voucher.

5.4         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.

5.5         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.

6.          Exclusive Packages – Bookings

6.1         Airfares

Exclusive Packages may include air travel.  Air travel is arranged with independent airlines. Webjet Exclusives will arrange air travel as advertised in connection with your Exclusive Package or otherwise arranged with Webjet Exclusives. All airfares are subject to flight and booking class availability. Airline schedules are subject to change without notice. Once air tickets are issued, airline amendment and/or cancellation fees apply and, in some cases, are non-refundable. Name changes and voluntary date and schedule changes will incur fees. Webjet Exclusives is not liable for delays or disruptions of air travel. Once tickets are issued Webjet Exclusives will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.

6.2         Travel insurance

Travel insurance is not included in your Exclusive Package. You are strongly urged to purchase comprehensive travel insurance that includes (without limitation) coverage for the cost of your holiday package, medical expenses, loss of luggage, cruise and land content and airfare charges that may occur due to cancellation, impossibility of performance or other frustration, disruption, loss of deposit or strikes.

6.3         Travel information and documents

After booking your Exclusive Package you will receive an invoice with all important information relevant to your Exclusive Package. We strongly recommend you check the details carefully and read the included information. Please ensure that you check your flight timings carefully on your tickets, particularly early morning departures. Approximately 21 days before departure you will receive your eTicket together with your final itinerary. However you may receive your eTicket together with your final itinerary within 21 days of departure in the case of late bookings, charges or late payment.

6.4         Special requests

Where a special request (eg. diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals) is an important factor in your choice of an Exclusive Package, you must advise us when your booking is made. Webjet Exclusives will pass your request onto the hotel, airline or other supplier but cannot guarantee that it will be accommodated. Webjet Exclusives will also pass on any dietary requests to the airline but we strongly recommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.

7.          If Webjet Exclusive wants to change or cancel your Exclusive Package

7.1         Website

Webjet Exclusives has endeavoured to ensure that the information given on this website is correct to the best of its knowledge at the time of going to print. However, advertised descriptions, facilities and prices may change over time. Under no circumstances will you be entitled to make a claim against Webjet Exclusives due to decisions by Webjet Exclusives to subsequently make changes in our advertised descriptions, facilities and prices after you have made your purchase. We therefore recommend that you confirm the details of your Exclusive Package at the time of booking. Additionally, flight times, carriers and routes are given for guidance only as there may be changes. Final details will be shown on your tickets. Your Exclusive Package may change or be different from those described as a result of local conditions, weather conditions, annual events. Webjet Exclusives will endeavour to notify you of any significant changes prior to your departure.

7.2         Flight changes

The flight timings shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are set by airlines and affected by events outside our control. Scheduled and charter flight timings, and days of operation are also subject to change. Webjet Exclusives will advise you of any significant changes as soon as it is informed by the airline. Minor timing changes will be shown on your flight tickets. Any change in the identity of the airline, flight timings or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying any applicable cancellation fees except where specified in these booking conditions.

7.3         If We change or cancel your holiday before your departure

Webjet Exclusives endeavours to provide you with all the services confirmed to you at the time of your booking. However, we plan arrangements a long time in advance of your departure date using independent suppliers such as airlines, hotels etc., over whom we have no direct control. On occasions changes do have to be made, and Webjet Exclusives reserves the right to cancel or amend Exclusive Packages accordingly.

7.4         Force Majeure

Force Majeure means the occurrence of an event that is beyond Webjet Exclusives’ reasonable control and which could not have been reasonably prevented by Webjet Exclusives, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, by-law, declaration, licence and the common law as applicable from time to time.

7.5         Termination of booking contract or change of travel arrangements due to Force Majeure

If Webjet Exclusives, in its reasonable opinion, considers that any Force Majeure event prevents Webjet Exclusives (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, Webjet Exclusives may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.

7.6         Limitation of liability in the event of Force Majeure

In the event that Webjet Exclusives cancels or changes your travel arrangements in any way due to a Force Majeure event, Webjet Exclusives will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. Webjet Exclusives is not liable to refund any part of the deposit or purchase price paid by you if Webjet Exclusives subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond Webjet Exclusives’ control. As you are required to purchase travel insurance to adequately protect yourself against these risks, your policy needs to respond to these risks. You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of Webjet Exclusives based on expected non-recoverable costs and expenses to be incurred by Webjet Exclusives, including but not limited to overhead expenses and works or services performed personally by Webjet Exclusives, leading up to the commencement of the Exclusive Package, alternatively prior to the Force Majeure event.

8.          Travel requirements

8.1         Passports

(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.

8.2         Visas

(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.

8.3         General

(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 aircrafts.

9.          Payments and refunds

9.1         Payment

(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. Failure to make the final payment will result in cancellation of your Exclusive and forfeiture of your deposit and any other monies paid to date.

(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 in respect of Exclusive Vouchers 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.

9.2         Credit check

(a)          You:

(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 of an Exclusive (including to take any steps required so that you are entitled to redeem an Exclusive Voucher and make a booking for relevant 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.

9.3         Refunds

(a)          For the purposes of these terms, the time for service of Webjet Exclusives will be deemed to be the time you pay your deposit (where applicable) or any other monies payable for the Exclusive. After this time, Webjet Exclusives will commence to make financial and other commitments for your Exclusive and under no circumstances will you be entitled to a refund of your deposit.

(b)          The following circumstances do not qualify for refunds:

(i)           Where you have contacted Webjet Exclusives after the conclusion of the deal or Book By Date;

(ii)          Where you have failed to read the Specific Terms and Conditions of the offer (located under the “Fine Print” and “Flight Into” tabs on the deal page of our Website on the day of the offer), and the General Terms and Conditions;

(iii)         If you have failed to complete and submit our Trave Partners Booking Form as required in order to secure your preferred departure date;

(iv)         If you have failed to make payment within the advertised payment terms and your booking has been automatically cancelled as a result;

(v)          If an optional tour or tour extension request cannot be confirmed on your booking (for whatever reason);

(vi)         If you change your mind after you have purchased a deal (for whatever reason);

(vii)        If the tour or stay did not meet your general expectations (for whatever reason);

(viii)       If you have had a dispute with the business on behalf of whom we are advertising the offer; or

(ix)         If the Business does not have availability to redeem your voucher because you have not attempted to make a booking within a reasonable period of time or by the Book By Date advised on the deal page.

(c)          Any request for a refund of the amount paid for an Exclusive other than in accordance with paragraph (a) 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.

(d)           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.

(e)          The refund will be paid in $AUD and will be that amount paid for the Exclusive in $AUD at the time of purchase.

10.       Pricing

10.1      Pricing

(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. Under no circumstances will you be entitled to make a claim against Webjet Exclusives due to decisions by Webjet Exclusives to subsequently make changes in our advertised prices after you have made your purchase.

10.2      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.

11.       Liability

11.1      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 Exclusives, Travel Providers, 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.

11.2      Exclusions

(a)          Webjet Exclusives has no responsibility for the provision of Exclusives, and excludes all liability in relation to, Exclusives.

(b)          Webjet Exclusives excludes all liability (including for negligence) for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment.

(c)          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.

11.3      General Limitation

(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.

(c)          All and any claims you may have in respect of Exclusives are to be asserted against the Travel Provider and not against Webjet Exclusives.

11.4      Additional limitation of liability – Exclusive Packages

(a)          Our Exclusive Packages include the services of Travel Providers, who are not agents, servants or employees of Webjet Exclusives. Although we take care in selecting Travel Providers and the optional excursions conducted by some Travel Providers, Webjet Exclusives is not responsible for the conduct of the Travel Providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your Exclusive Package, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved with these activities.

(b)          If, in the opinion of any representative of Webjet Exclusives, or any of its Travel Providers, your mental or physical condition, or general behaviour is such as to affect your own health and safety, render you incapable to care for yourself, cause you to become a hazard to yourself or other passengers or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the Exclusive Package. Abuse or harassment of any kind toward crew, contracted suppliers or other guests may result in immediate removal from the tour. Webjet Exclusives is not liable to you for any costs associated with such decision and you will not be refunded for any part of the Exclusive Package.

(c)          Webjet Exclusives accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its control.

(d)          Any term, condition or warranty express or implied by statute or otherwise in respect of the Exclusive Packages contained on this website is excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.

11.5      Responsible service of alcohol

Our Travel Providers are obligated by law to refuse service to any guest who is intoxicated or behaves in an aggressive or offensive manner.

11.6      Medical assistance

Webjet Exclusives does not employ medical staff on any of our Exclusive Packages. If you require medical attention, local medical services can be contacted immediately. You are responsible for all charges that result from visiting a medical facility, or for a medical practitioner visiting you. Webjet Exclusives is not responsible for the type or quality of the medical services you may receive.

11.7      Smoking

For other passengers’ comfort there is no smoking on vehicles or other modes of transport comprised in Exclusive Packages, except in designated areas.

11.8      Health and Fitness

A good level of fitness and health is required to participate on Exclusive Packages’. In some destinations there are extensive sightseeing excursions by foot and includes climbing of stairs. Mobility is needed boarding vehicles or other modes of transport. We recommend a visit to the doctor and dentist before travelling to overseas destinations. It is your responsibility to advise Exclusive Packages of any pre-existing medical conditions or health and mobility related concerns that may affect the normal conduct of your Exclusive Package and the enjoyment of other passengers.

11.9      Service enquiries

If a problem occurs during your holiday you should, in your own interests, advise your tour representative so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to Webjet Exclusives within 30 days.

12.       General

12.1      Changes to these terms by Webjet Exclusives

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.

12.2      Assignment

You must not novate or assign any of your rights under these terms to a third party.

12.3      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. 

13.       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 customerexperience@webjetexclusives.com.au with the following:

(A)         a copy of your Exclusives purchased from Webjet 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 on 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 five (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.

14.       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.

15.       0% Interest Payment Plans

(a)          12 Months Interest Free: Minimum spend is $250. 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.

 

Booking Held