the fine print

This Web Site is owned and operated by lastminute.com.au Australia Pty. Ltd. (ABN 34 091 825 142) “lastminute.com.au”. Use of this Web Site is subject to the Terms of Use.

TERMS OF USE
lastminute.com.au is not liable to you or any other for any loss in connection with the use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Please note: lastminute.com.au reserves the right to amend the Terms of Use at any time. Under no circumstances will lastminute.com.au be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Web Site.

GENERAL
In this section:
"lastminute.com.au" means lastminute.com Australia Pty. Ltd. (ABN 34 091 825 142) and its parent and/or subsidiaries unless otherwise specified.

“the site” means the whole or any part of the web pages located at www.au.lastminute.com, www.lastminute.com.au, www.lastminute.co.nz and any derivation of these web page addresses.

"We" and "us" refers to lastminute.com.au, and "our" has the same meaning.
These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from lastminute.com.au's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by lastminute.com.au with respect to that use.

By ordering a product using the lastminute.com.au site you are agreeing to the following terms and conditions:-

1. In many cases we are acting as disclosed agents for a third party supplier and in each of these cases your contract is between you and them. You will be subject to their terms and conditions and you must read these before proceeding with your order.
2. Our site or confirmatory notification will inform you with whom your contract is made - in some cases it will be lastminute.com.au, in other cases it will be a third party where lastminute.com.au is acting on its behalf.
3. Where your contract is not with lastminute.com.au but with a third party such as a tour operator or hotel, lastminute.com.au may pass on your credit card and any other essential booking details to that third party. The placing of an order for any goods or services by you will constitute consent to us passing on such details.
4. lastminute.com.au does not accept liability for any indirect or consequential loss arising out of the use of or connected with its web site or for any products or services purchased from its web site.
5. lastminute.com.au does not guarantee that the lastminute.com.au site is free from errors or faults, we will however make our best efforts to ensure that the information available on its web site is accurate. Further, lastminute.com.au does not accept liability for any errors or omissions and reserves the right to change information published on the site at any time.
6. lastminute.com.au makes no warranty or representation about the fitness or suitability of any product or service advertised on its web site.
7. These terms do not affect a consumer’s statutory rights.
Generally products sold on lastminute.com.au are sale items that are discounted and as such there is no refund or exchange possible.

Further:
A. Specifically with regard to gifts and entertainment purchased on the site the following conditions apply:
• Prices include GST unless otherwise stated
• Australian gifts are for delivery to Australian addresses only. Some Australian gifts may be delivered to New Zealand at a surcharge.
• New Zealand gifts are for delivery to New Zealand addresses only.
• All gifts include delivery within Australia or New Zealand
• All gifts unless otherwise stated will be sent using Australia Post, lastminute.com.au is not responsible for the time its takes for the goods to be delivered or condition they arrive in.
• All purchases are non-exchangeable, non-refundable and non-transferable unless faulty or damaged.
• If goods received by you are damaged you are entitled to apply for an exchange credit or refund subject to those goods being returned to lastminute.com.au in full.
• No refunds are available where incorrect quantities are ordered
• Generally gifts featured on the site are sale items and are discounted. Once a gift is purchased on the site there can be no refund or exchange.
• Costs of non-Australian products or services may be subject to currency fluctuations
• All suppliers accept Visa and MasterCard, and most accept American Express cards
• A signature may be required on delivery

B. Specifically with regard to holidays purchased on the site the following conditions apply:
• lastminute.com.au presents information on the site supplied by third parties who will in all cases be mentioned in the booking confirmation. We are not the operator of any holiday program and we are not liable for any variances in quality from the information supplied to us by the Holiday provider. It is the responsibility of the customer to understand the room and bedding arrangements that pertain to their holiday package prior to proceeding with the booking.
Subject to availability:
Your confirmation email from lastminute.com.au is notification that the tour operator has received your request and is processing it. The availability of this holiday is checked on a regular basis; however as the carrier is a scheduled airline we are regrettably unable to provide an instant confirmation.
If the holiday is available:
• the tour operator will automatically process your booking and your credit card will be debited immediately;
• once done the holiday will be ticketed and at this moment there is a binding contract between you and the tour operator for the holiday;
• if you wish to cancel the holiday after this stage you will be liable for cancellation charges as per lastminute.com.au and the tour operator's booking conditions. lastminute.com.au will charge AUD110.00 per person cancellation fee and the tour operator will charge according to their terms and conditions which are specific for each holiday.
• These terms and conditions can be accessed via the link at the bottom of the page. Please allow up to 48 hrs to confirm the availability of your holiday - we'll be in touch as soon as we have a confirmation for you
If the holiday is not available:
• lastminute.com.au will contact you to inform you of the nearest available alternative; and
• if the tour operator is unable to offer you an alternative which meets your approval you can cancel your request for a holiday without having to pay a cancellation fee.
• Once you have purchased a holiday, there may be a charge to effect these amendments.
• Once your holiday booking has been confirmed and requested dates agreed by all parties, the tour operator will debit your card. At this stage you have entered into a binding contract with the tour operator. If you wish to cancel your holiday booking you must contact our Customer Service Team on 1300 132 799 (+61 2 9249 6070). Contact must be made between 9:00am and 5:30pm AEST. We will contact the holiday operator on your behalf. As part of the terms of sale, holiday operators are not obligated to accept any cancellations and you will be charged a cancellation fee by the operator. This cancellation fee may vary between operators. lastminute.com.au will also charge a cancellation fee of AUD110.00 per person. When you confirm holiday bookings directly with the accommodation supplier/ wholesalers, particularly where overseas calls apply, this service can incur charges. In particular, Creative Holidays and Explore Holidays charge a $50 fee and $20 fee respectively. lastminute.com.au, acting as agent, is not responsible for these fees and they will therefore not be refunded by us in the event of the cancellation or non-confirmation of a holiday package

 

C. Specifically with regard to activities (including products purchased from the Adrenalin category) purchased on the site the following conditions apply:
• The majority of activity products are weather dependant and may be cancelled in the case of bad weather. In such instances, the supplier will endeavour to reschedule the booking to accommodate customers. lastminute.com.au accepts no responsibility for refund or exchange should the customer be unable to attend a re-scheduled activity.
• lastminute.com.au accepts no responsibility for any loss or injury to persons or property as a result of participating in any of the activities purchased on this site.
• lastminute.com.au does not guarantee the availability of any of the activities advertised on the site. These are sold as vouchers only and may be redeemed on the first available date as decided by the supplier. This will be the case for all products unless otherwise stated.

D. Specifically with regard to accommodation purchased on the site the following conditions apply:
• Prices of Australian hotels include GST
• Both the person making the reservation and the hotel guest must be over 18yrs. The hotel guest must be able to produce identification and a valid credit card or pay a cash deposit at check in, to cover incidentals.
• If you wish to cancel your hotel booking you must contact our Customer Service Team on 1300 132 799 (+61 2 9249 6070) a minimum of 48hrs before your arrival. Contact must be made between 9:00am and 5:30pm AEST (Monday to Saturday) excluding Australian Public Holidays. We will contact the hotel on your behalf. Some hotels may accept a cancellation (with or without a cancellation charge) but it is entirely at their discretion. As part of the terms of sale, they are not obligated to accept any cancellations and you may be charged for the entire length of stay. In the event that the hotel will allow a cancellation, you will be charged an administration fee of AUD35.00 per booking by lastminute.com.au. This will be in addition to any cancellation charges the hotel may impose. The booking fee charged by lastminute.com.au at the time of reservation is non-refundable.
• Accommodation bookings made at any of the lastminute.com.au Secret Hotels can not be changed, cancelled or refunded.
• lastminute.com.au applies an administration charge fee of AUD 35.00 per booking for any modifications or changes to your reservation. This will be regardless of the price of your reservation.
• lastminute.com.au sells hotel accommodation from an inventory supplied by each hotel and does not over-sell that inventory.
• lastminute.com.au cannot accept any liability for unavailability of rooms caused by the hotel over-selling its own inventory.
• lastminute.com.au will receive a payment from hotels for the provision of the lastminute.com.au booking service.
• lastminute.com.au is unable to view all hotels that it displays on the site and relies on information supplied to us by the individual Hotels including star ratings and visual images. Therefore any variance in quality from the information supplied to us by the Hotel is not the responsibility of lastminute.com.au
• lastminute.com.au is not responsible for any unclean or inferior rooms booked and will not enter into a compensation claim.
• Costs of international products or services may be subject to currency fluctuations and local taxes.

Further:

E. Specifically with regard to flights purchased on the site the following conditions apply:
•  Any booking made or order placed by you, whether through the lastminute.com.au website or otherwise, shall be deemed an offer by you to purchase the relevant items subject to these booking conditions. Note that lastminute.com.au is selling the tickets as agents for the airlines, which means the contract for the flight product will be between you and the airline.
•  All flight bookings made on the lastminute.com.au website are made lastminute.com Australia Pty Limited a licensed Travel Agent (No 2TA55110) under the NSW Travel Agents Act 1986 and a member of the Travel Compensation Fund.
•  Booking fees apply. Details can be found at http://bookings.lastminute.com.au/bookingfee.html. 
•  Please note that for each ticket there are additional terms which are specific to that fare. They may, for example, state that the ticket is non-cancellable or non - refundable, and have other information relating to itinerary and refunds. You must read the FLIGHT RULES for each ticket. You can find the relevant FLIGHT RULES on the lastminute.com.au website when you progress through the purchase path.
•  You are responsible for complying with any airline's terms in relation to check-in times, reconfirmation of flights or other matters. In relation to flight tickets, you are required to use all flight coupons in order of sequence. If this requirement is not met the airline may void the ticket.
•  A contract arises between you and the airline when we send you a confirmation e-mail and itinerary indicating that they have accepted your booking.
•  Qantas domestic flight numbers operated by non-subsidiaries of Qantas are not permitted. These flights include QF351 Sydney to Brisbane, QF352 Brisbane to Sydney, QF374 Brisbane to Sydney and QF5000-QF5999 which are operated by Jetstar. Bookings made on these flights will be auto-cancelled and email notification sent.
•  In making a flight reservation for you through the booking engine, lastminute.com.au will be acting as an agent of the airline concerned. lastminute.com.au accordingly accepts no responsibility or liability for any misunderstanding or error, whatsoever and howsoever caused, in respect of any reservation made through the booking engine. The onus rests on you to read the booking rules and ensure your booking abides by these, to carefully check and correct any mistakes in your reservation request and in any confirmation thereof received from the airline via lastminute.com.au.
•  Airfares and prices displayed include pre-paid taxes only where specified and are subject to airline availability. Fares and prices are not guarantee until you receive a confirmation e-mail and your credit card has been charged. Airline fare conditions and class of travel can change at any time. Routing restrictions and other special conditions may apply. Bookings made through the booking engine also constitute a request, and the correctness of this request in regards to abiding by the rules of the fare as stated is the responsibility of you, we do not guarantee the fare quoted until you receive an email confirmation. Airlines may change their prices without notice.
• Passport, Visa and Health requirements are the responsibility of all individual travellers. Passports are required for all travellers departing Australia. Permanent residents traveling on a foreign passport must hold an Australian Re-entry Visa. Many countries require that foreign nationals entering hold a passport with at least six months validity. The final responsibility for ensuring documentation is correct is that of the individual traveller. The posting/couriering of travel documentation is the responsibility of you. lastminute.com.au will not be held responsible for tickets lost by a third party, any charges associated with reissue and resending of documentation will be at your expense.
• A lastminute.com.au booking acknowledgement is simply to advise the customer that their request has been received and is being processed. It is not until you receive a lastminute.com.au confirmation email that your seats are booked and paid, and your booking is confirmed.

•  Fares

All fares are quoted exclusive of taxes, plus the tax amount and then a total. These are added together to form your final quotation. Fares are subject to change without prior notice and are only guaranteed when following confirmation of the contract.

•  Reservations

Be aware that certain airlines do not maintain "real time" seat availability in the airline reservations system to which we connect. Whilst every effort is made to reflect the true situation, instances may occur when airlines cancel sales. lastminute.com.au will advise you if this is the case and will do all they can to reinstate your booking.

•  Flight Reconfirmation

All onward and return flights must be reconfirmed with the relevant airlines at least 72 hours prior to the commencement of that leg of the journey unless specifically informed otherwise by that airline. lastminute.com.au accepts no responsibility for bookings cancelled due to non-compliance with rules set by that particular airline. lastminute.com.au also takes no responsibility for any flight rescheduling en route.

•  Passports/Visas/Health Requirements

When you make an international flight or holiday booking with lastminute.com.au it is incumbent upon you to ensure that the booking name appears exactly as it does in your passport and lastminute.com.au takes no responsibility for names entered in any variation other than what is on your passport and in the same order. lastminute.com.au are very happy to inform you of current documentation requirements if you so require. Please ask one of our consultants. It is incumbent upon you to ensure that you meet the passport, visa, health requirements of the countries you wish to visit and those that you transit (even if it is for a plane change). Many countries require that your passport should be valid for a period of (a minimum) six months from the date of arrival into that country. lastminute.com.au will not accept any responsibility if you should be denied boarding or deported due to non-fulfillment of the above.

Authority:
In the event that an accident, disaster or emergency is reported to have occurred in a country where I/we will or may be travelling, I/we authorise lastminute.com.au to disclose to the Australian Government Department of Foreign Affairs and Trade details of my/our itinerary (including without limitation, transport and accommodation arrangements) and my/our contact details within Australia and overseas.
 
Disclosure:
You must ensure your Australian passport has a validity of six months after your return date to Australia and advise us if you wish us to make any necessary visa application on your behalf.
 
In the event that you are travelling to a country or countries which do not require a visa for Australian passport holders, you must tell us if you have been arrested or convicted in respect of any offence or breach of law.  Non disclosure of this information may lead to your being refused entry on arrival in certain countries.  In that event, we take no responsibility whatsoever.

If you do not wish to disclose such information to us, then you must contact the embassy of each country of destination and make your own arrangements in regard to entry to that country.

•  Insurance

lastminute.com.au recommends that all travellers obtain travel insurance against cancellation or amendment fees as well as providing sufficient medical cover.

•  Airline regulations/conditions of carriage

Please note that in all transactions lastminute.com.au acts as agents of the airlines you have chosen to book on. Please read your ticket wallet for their conditions of carriage.

•  Cancellation / Amendments

If you need to change or cancel your travel plans, it is your responsibility to notify lastminute.com.au in writing of such request. Some tickets are non-refundable, but can be applied (for a limited time) toward future travel, less any applicable penalties. Some tickets do not allow changes.

In the majority of cases airlines will charge a cancellation fee if you wish to cancel your booking. In addition we will charge an administration fee of $250 per person. In some instances the airline may charge a 100% cancellation fee.

•  Refunds

If you want to cancel your journey it is important that you notify us in writing with utmost urgency. This enables us to cancel your reservation with the airline. If you already have your ticket please submit it to us. Tickets must be sent to:

Customer Services
lastminute.com.au
Level 10
17 York Street
Sydney NSW 2000

On receipt of the ticket we will send you an acknowledgement that we have received it. Those tickets which are refundable or cancelled by us will be processed and refunded back to your credit card in approximately 16 weeks from our receipt of the ticket. Some tickets may need to be submitted to the airline for the cancellation and/or refund to be authorized. In this event your refund request may take longer, but we will advise you in our acknowledgement of the expected turnaround period. Please note that most airlines do not refund on part used tickets. Tickets which are returned more than 1 year from date of issue are classified as expired tickets and must be submitted to the airline for their authority to refund.

•  Lost Tickets

If you lose your tickets, it may be possible to re-issue them for a fee. The amount payable will depend on the circumstances of the loss and how close to the travel date you discover it. However, not all tickets can be re-issued; which is another good reason for ensuring you have sufficient insurance cover. Tickets will be dispatched to you in accordance with your instructions and we accept no responsibility for their delivery. Lost tickets which cannot be re-issued are refunded at the sole discretion of the airline, these refunds can take up to one year to be authorized.

•  Liability

As lastminute.com.au acts as agent, this means that it has no contractual liability to you in respect of the flight product. However, it may still be liable to you if it has been negligent, it has misrepresented important information or has been in breach of any other relevant law.

•  Unreasonable behaviour

If in the reasonable opinion of a person acting in authority you are not fit to travel, he or she may refuse to let you board the aircraft. Normally this happens if such person thinks you are likely to disturb or harm other passengers. In this case your contract with lastminute.com.au will end immediately and we will no longer be responsible for you.

•  Data Protection and Privacy Policy

(a) What do we do with your personal information?

When you buy anything via the site or give us any personal data as indicated above, we may need to collect information about you to process the transaction, fulfill your order and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number and your credit card details.

Unless we have your express consent we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that we may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data.

By becoming a customer of lastminute.com.au you consent to receiving e-mails from lastminute.com.au advising of site changes that affect your relationship with lastminute.com.au, of special offers which we may think may be of interest to you. You are welcome to request to be removed from this list at any time.

lastminute.com.au retains and uses your personal information to provide you with the best remote commerce (including electronic and mobile commerce) experience by providing you with a personalised service and to give you details of offers which we think will be of interest to you. We may also use the information to process any transactions you undertake with us and for internal administration and analysis. For quality assurance and training reasons we record most of the calls you make to us.

We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.

For any of the above purposes we may send your information internationally including to countries outside the EEA. Some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK.

 

(b) Cookies

 

Each web site owned and operated by the lastminute.com group, including Globepost, uses cookies. A cookie is a small text file of which there are three types:

Session cookies: These are used to maintain something called session state. If you consider your journey through the site to be a conversation with us and this cookie just reminds the site where we were in that conversation (for instance if at some point in the conversation you asked us to add a hotel to your basket, next time you click on the basket it is still there). These are required for the site to function but are not used in any way to identify you personally.

Permanent cookies: These store a few numbers on your hard drive. You can view them by looking in the cookies directory of your browser installation if you are interested. They last for a long time and each time you come to our site you send us a copy of them. We use them to identify you between visits. For instance if you were looking at hotels in London last time you were on the site and we have a great hotel deal we may use this cookie to recognise you and show you our great deal. They are not required for the site to work but may enhance your experience. We do not store any personal data in these cookies, just a unique number that identifies you to us.

Third Party Cookies. You may have noticed that we carry advertising from third parties on our site. Occasionally they may send you a cookie. We have no control over these.

Although you cannot block "session" cookies as they are required for our site to function correctly you can configure your internet browser so that it can reject both "permanent" and "third party" cookies. How you do this will depend upon the internet browser you use (for example, Internet Explorer 5, Netscape 4 or Opera etc) and it is therefore impractical for us to detail here how you can reject those cookies. Please refer to the relevant internet browser manufacturer's website where you should be able to receive all the information you need."

 

(c) Third Party Advertising

 

The ads appearing on this Web site are delivered to you, on our behalf, by our Web advertising partner. Information about your visit to this site, such as number of times you have viewed an ad (but not your name, address, or any other personal information), is used to serve ads.