Introduction
This Site is owned and operated by Tourism Palm Cove Inc. with outsourced technical assistance. Your access to and use of the Site is subject to these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.
1. Definitions
In these Terms and Conditions the following words and phrases shall have the following meanings, unless the context otherwise requires (a) “GST” means the goods and services tax as provided for by the GST Law; (b) “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time (c) “GST Law” means the GST Act and any associated legislation including without limitation delegated legislation; (d) “Site” means the online booking site for accommodation and other recreational activities including the Software provided and operated by TPC; (e) “Software” means any software which is required by, relevant to, or used in conjunction with the Site including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents, including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software; (f) “Supply” has the meaning attributed to that term in GST Law; (g) “Taxable Supply” has the meaning attributed to that term in GST Law; (h) “TPC” means Tourism Palm Cove Inc. (i) “Us” means TPC and „We‟ or „Our‟ shall be interpreted accordingly; (j) “You” means the person or entity that accesses the Site and “Your” shall be interpreted accordingly.
2. Use of Site
The Site provides an online booking service and acts as an intermediary between tour and accommodation companies (each called a “Supplier”) and users to allow You to search, compare and book accommodation and other recreational activities (each called a “Booking”) online.
3. Payment
(a) For all online Bookings made through the Site, full payment is required at the time of confirmation of the booking. (b) If You are unable to make payment by credit card, bank transfers or direct deposits are also available. If You want to make payment by way of bank transfer or direct deposit, please email info@tourismpalmcove.com to request Our banking details. (c) Upon confirmation of Your Booking, a receipt/voucher will be sent to Your nominated email account to be printed off by You for presentation to the relevant Supplier on the day of travel and/or arrival. Upon confirmation of Your Booking, a copy of Your receipt/voucher will also be sent to the relevant Supplier. If You do not receive Your receipt/voucher shortly after confirmation of Your Booking, please contact Us.
4. Taxes and Levies
(a) Many Suppliers now charge a fuel levy. This is because tour prices are determined up to 4 years in advance. Wherever possible We will detail this fuel levy, however, it may be added to the price of Your Booking on the day of travel. You will be responsible for payment to the Supplier of any additional amount for fuel levy. (b) Reef tours are susceptible to an environmental management charge. They are also susceptible to various government authority charges and fees. These may be rolled into one surcharge. Wherever possible We will detail these charges, however, it may be added to the price of Your Booking on the day of travel. You will be responsible for payment to the Supplier of any additional amount for any such charges and fees.
5. Cancellation Policy
(a) We do not charge cancellation fees for any Booking that You cancel, however, we must pass on any cancellation fees as applied by the individual Suppliers. As each Supplier’s terms and conditions vary, we will endeavour to display the relevant cancellation information concerning Your Booking on the booking page. (b) We recommend that you carefully read the cancellation information from the relevant Supplier, and that if you need to cancel your Booking that you do so at least 72 hours before your proposed travel/check in date, however, this does not guarantee that the Supplier will not charge cancellation fees. (c) You will be responsible for payment to the Supplier of any cancellation fees.
6. Prices and Information
(a) All prices and information detailed on this Site are accurate at the time of publishing. Prices and information are subject to change from time to time and it is our endeavour to maintain the accuracy and integrity of information contained on this Site. (b) Subject to clause 6(c), all prices listed are in Australian dollars and are inclusive of the Supplier‟s liability for GST on the Supply. (c) If for any reason whatsoever the price listed for the Booking does not include GST and the Supply is a Taxable Supply for the purposes of GST Law then the price for the Supply shall be increased by an amount equal to the GST payable in respect of the Supply and you shall be liable to pay the increased amount to the Supplier immediately upon request. (d) Unless otherwise stated, prices for accommodation are for room only and are based on the number of people per room. Additional persons will incur additional costs as shown when making a booking. (e) Prices and tour itineraries change and we will not be held responsible for incorrect price/itineraries listed on this Site.
7. Links and Advertising
(a) This Site may contain links to third party websites. Those websites are not under the control of TPC and TPC is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites. (b) Neither TPC nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk. (c) The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither TPC nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they 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 Site, you do so at Your own risk.
8. Warranties
(a) TPC does not warrant that: (i) The Software or the Site will provide any function for which it is not specifically designed; (ii) The Software or the Site will provide any minimum level of performance; (iii) The Software or the Site will be virus free or free of performance anomalies or be operational without interruption. (b) You warrant to us that at the time of entering into the Site, you were not relying on any representation made by us. (c) Except as expressly provided to the contrary, and to the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Software, or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site. (d) Except as expressly provided to the contrary, and to the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied as to the security, safety or quality of accommodation or any recreational activity being the subject of a Booking and all risk associated with accommodation or a recreational activity is solely your own risk. Recreational activities booked through TPC may be dangerous and entail inherent risk to health or personal safety.
9. Disclaimer and Limitation of Liability
(a) This Site is provided by TPC without any express or implied warranty of any kind. (b) The Software or the Site may contain inaccuracies or typographical errors. (c) The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties. (d) TPC may change any of the material on the Site at any time without notice and makes not commitment to update any material on the Site. (e) You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state of the material on or accessible through the Site. (f) You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the material on or accessible through the Site or any Booking you make through the Site. (g) We will not be liable for any loss or damage (including indirect, special, punitive or consequential loss or damage) arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if TPC has been advised of the likelihood of such damage and whether or not caused by any negligent act or omission including but not limited to:- (i) Your reliance on the Software or the Site; (ii) the statements or actions of any employee or agent of TPC; (iii) any unauthorised access to or alteration of your transmissions or data; (iv) any information that is sent or received or not sent or received; (v) any failure to store or loss of data or files or other content; (vi) Your fraudulent, negligent or otherwise unlawful behaviour; (vii) any delay or interruption of the Software, or the Site; (viii) any loss incurred as a result of a third party obtaining your Personal Information, either with or without your knowledge; (ix) any loss or damages in relation to the supply of services on or in relation to this Site and any advertisement placed on the Site or information made available on the Site. (a) We will not be liable for loss, damage, injury or death sustained to person or property arising from or directly or indirectly related to any Booking, even if TPC has been advised of the likelihood of such damage and whether or not caused by any negligent act or omission or otherwise.
10. Release and Indemnity
You agree to release and hold harmless and indemnify and keep indemnified TPC, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs suffered by you (including solicitor client costs on a full indemnity basis) and all third-party claims (including by the Supplier), liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person in relation to or in connection with your Booking, your use of the Site, the Software or your failure to comply with these Terms and Conditions, or from your violation of any applicable law or the access to the online service by a third party, either with or without Your knowledge.
11. Termination
(a) TPC reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that TPC believes, in its sole discretion: (i) violates any term or provision of these Terms and Conditions; or (ii) violates the rights of TPC or any third party; or (iii) is otherwise inappropriate for continued access and use of the Site. (b) TPC may terminate our right to access to, or use of, all or part of the Site, immediately on written notice to you, if you: (i) commit a material breach of these Terms and Conditions, which is capable of remedy, and you fail to remedy the breach within a reasonable time of a written notice to do so; or (ii) commit a material breach of these Terms and Conditions which cannot be remedied; or (iii) are repeatedly in breach of these Terms and Conditions. (c) Termination of your access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms & Conditions will survive termination.
12. Privacy Policy
(a) The TPC Privacy Policy forms part of these Terms and Conditions. (b) A breach of the TPC Privacy Policy shall constitute a breach of these Terms and Conditions. (c) In addition to the TPC Privacy Policy, the following applies to any information that you provide to TPC when making a Booking or otherwise: (i) You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, including, but not limited to, your name, company or business name, email address and postal address („the Personal Information‟), to the extent reasonably necessary for the provision of the online booking services provided by us. (ii) You must ensure that the Personal Information you provide to us contains your correct name, address, e-mail address and other requested details. (iii) By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the purpose of us providing the online booking services to you. If You would like to review or modify any part of your Personal Information then you should contact us. (d) If you do not wish to use the Site for the provision of your Personal Information, we provide alternate means of communication (for example, fax, letter, phone and office visits) for the purposes of obtaining Personal Information. To arrange alternative contact methods, please see the contact us section of this Site.
13. Confidentiality
We will keep in confidence your Personal Information and will not disclose that information to any other person without your written consent.
14. Jurisdiction
The Terms and Conditions and use of the Site will be governed by and interpreted in accordance with laws of Queensland, Australia. You and we agree to jurisdiction of the courts of Queensland, Australia to determine any matter arising out of these Terms and Conditions and use of the Site.
15. Updated Terms and Conditions
We may from time to time vary, amend and update these Terms and Conditions and you will be bound by such changes.
16. Severance
If a provision of these Terms and Conditions is found to be void or unenforceable it may be severed from these Terms and Conditions and the provisions that are not void or unenforceable are unaffected by the severance.