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BOOKINGS AND SITE USE TERMS & CONDITIONS
By using lastminute.com.au or lastminute.co.nz (the " Site ") and/or purchasing products or services through the Site you are agreeing to the following terms and conditions. " We ", " us " and " our " refers to lastminute.com.au Pty. Ltd. (ABN 34 091 825 142).
Bookings made through the Site
1. We act as disclosed agent for third party suppliers and your contract is directly with them. Bookings are subject to the supplier's terms and conditions and policies and you should read these before proceeding with your booking. Our role as agent is limited to facilitating bookings and arranging documentation, payments and refunds, as applicable.
3. By making a booking through the Site you warrant that you are at least 18 years old.
4. We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party suppliers who we have no direct control over. We make no warranty or representation about the fitness or suitability of any product or service advertised on the Site. However, we do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
5. We recommend that all travellers obtain travel insurance against cancellation or amendment fees as well as providing sufficient medical cover.
6. We always try to settle any issues or complaints quickly and fairly. Any correspondence should be sent by email to Customer Support.
*Sections B, C, D and E below set out additional terms and conditions for Accommodation, Flights and Holiday Package and Experiences bookings.
Use of the Site
7. We make every effort to ensure all information displayed on the Site is accurate; however, as considerable information is accessed from our suppliers, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the Site is free of errors or faults. We reserve the right to change information published on the Site at any time. We are not liable to you or any other person for any loss in connection with the use of a linked site.
8. Without affecting any of your statutory consumer rights that cannot be lawfully excluded or limited: a) we will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with our site or any products or services purchased on our site, and b) we make no warranty or representation as to the fitness or suitability of any product or service displayed on our site or any linked site. Where our liability cannot be excluded, to the extent permitted by law such liability is limited to the value of the booking made.
9. These terms & conditions are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
10. We may change or modify all or any part of these terms and conditions by posting changes to the Site.
11. Prices for hotels include all taxes, unless otherwise stated on the Site. Payment will be debited to your nominated credit card at the time the booking is placed in the total amount shown on the booking page.
12. The person making the reservation and the hotel guest checking in must be over 18 years. To eliminate booking fraud, the hotel guest will need to produce photo identification to ensure their identity matches the guest named in the booking. We may request the hotel to take a copy and provide this information to us to verify the guest's check-in details. The hotel guest will also need to provide the hotel a valid credit card at check in to cover incidentals.
13. If you wish to change or cancel your booking you must Contact Us. We will do our best to assist you, but cannot guarantee that changes can be made.
14. The hotel's policy on cancellations will generally be displayed on the relevant property details page and booking page. Some hotels may accept a cancellation (with or without a cancellation charge) but it is entirely at their discretion. The booking fee charged by us at the time of reservation is non-refundable. For any permitted modifications or changes (inc. cancellation) to your booking We apply an administration charge per booking as set out in our Fees Schedule. If you fail to cancel a booking and do not check-in in accordance with the booking, you will be charged for up to the full amount of the booking.
15. Accommodation bookings made at any of the "Secret Hotels" cannot be changed, cancelled or refunded.
16. We sell hotel accommodation from an inventory supplied by each hotel and do not over-sell that inventory. We cannot accept any liability for unavailability of rooms caused by the hotel over-selling its own inventory.
17. We rely on information supplied to us by the individual hotels including descriptions, ratings and visual images. Therefore we are not responsible for any variance in quality from the information supplied to us by the hotel.
18. Your booking with the airline
A booking placed on the Site is an offer to purchase the relevant fare/s. We will send a booking acknowledgement email to advise you that your request has been received and is being processed. A contract for the flight product arises directly between you and the airline when we send you a confirmation e-mail and itinerary indicating that your booking has been accepted. It is not until you receive a booking confirmation email from us that your seats are booked and paid and your booking with the airline is finalised. The onus rests on you to carefully check and correct any mistakes in your reservation request and in any confirmation thereof received from the airline via us.
19. Booking fee
We charge a booking fee as set out in our Fees Schedule. The booking fee will automatically be charged upon completion of the booking. The booking fee is non-refundable.
20. Airline flight rules
For each booking there are additional airline flight (or fare) rules which are specific to that flight. They may, for example, state that the ticket is non-cancellable or non-refundable, and have other information relating to itinerary and refunds. You should read the flight rules for each ticket. You can find the relevant flight rules on the Site when you progress through the booking path. You are responsible for complying with the airline's rules in relation to check-in times, reconfirmation of flights or other matters. We accept no responsibility for any issue arising due to non-compliance with rules set by the airline.
21. Fares and taxes
The flight fare price, taxes and booking fee as displayed in the booking summary are added together to form your final quotation. Prices displayed include pre-paid taxes only where specified and are subject to airline availability. Some taxes and surcharges are not pre-payable; it is your responsibility to pay these to the airline when required. Fares and taxes are subject to change and are not guaranteed until you receive a confirmation e-mail when your credit card will be charged. Any fare or tax change will be notified to you prior to you completing the booking. Upon successful confirmation you will be charged the booking price which is displayed in your final booking summary immediately before you click "Book and Pay". Airline fare conditions and class of travel can change at any time. Routing restrictions and other special conditions may apply.
22. Passport/ID, visa and health requirements
These are the responsibility of all individual travellers. For domestic flights the name of the booked passenger must match the passenger's photo ID provided at check-in. Passports are required for all travellers departing Australia. Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. When you make an international flight or holiday booking it is your responsibility to ensure that the booking name appears exactly as it does in your passport and we take no responsibility for names entered in any variation other than what is on your passport and in the same order. Your are responsible for ensuring 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. We will not accept any responsibility if you should be denied boarding or deported due to non-fulfillment of the above. You must ensure your Australian passport has a validity of six months after your return date to Australia. 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. You are responsible for meeting each country's documentation requirements current at the time of travel.
23. Flight reconfirmation
All onward and return flights must be reconfirmed with the relevant airline at least 72 hours prior to the commencement of that leg of the journey unless specifically informed otherwise by that airline. We also take no responsibility for any flight rescheduling en route.
In the event that an accident, disaster or emergency is reported to have occurred in a country where you will or may be travelling, you authorise us to disclose to the Australian Government Department of Foreign Affairs and Trade details of your itinerary (including without limitation, transport and accommodation arrangements) and your contact details within Australia and overseas.
25. Cancellations and amendments
The airline's policy on cancellations and amendments will be displayed on the booking page. If you need to change or cancel your flight, it is your responsibility to Contact Us as soon as possible. This enables us to attempt to cancel your reservation with the airline. 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 (in some instances this may be 100% of the fare). In addition we will charge a per person administration fee for cancelled flights as set out in our Fees Schedule. Airline refunds may take up to 12 weeks to be processed by the airline and this is beyond our control. Where refunds are due to you directly from an airline, we will provide reasonable assistance to you in claiming the refund from the airline.
26. The booking acknowledgement email sent to you by us is notification that the tour operator has received your request and is processing it. The availability of the holiday is checked on a regular basis; however we are unable to provide an instant availability confirmation. Please allow up to 48 hrs to confirm the availability of your holiday. We will email you as soon as we have a confirmation for you.
27. If your holiday booking is confirmed to be available:
- the holiday 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 holiday operator for the holiday.
If the holiday is not available:
- we will contact you to inform you of the nearest available alternative; and
- if the holiday 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.
28. If you wish to cancel your holiday booking you must Contact Us. 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 may be charged a cancellation fee by the operator. This cancellation fee may vary between operators. We will also charge a cancellation fee per person as set out in our Fees Schedule. Once you have purchased a holiday, there may be a charge to effect other amendments if permitted by the holiday operator as set out in our Fees Schedule.
29. 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 your responsibility to understand the travel, room and bedding and meal arrangements that pertain to the holiday package prior to proceeding with the booking.
30. When you confirm holiday bookings directly with the accommodation supplier/wholesalers, particularly where overseas calls apply, this service can incur charges.
31. Experiences purchases are processed through third party supplier Go Do. Please refer to their terms and conditions of purchase.
32. Car Hire are purchased through third party supplier NOVA Rentacar Reservations Ltd. Please refer to their terms and conditions of purchase.
33. Insurance purchases are through QBE Insurance. Please refer to their terms and conditions for purchase.
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36. Infringement notification
At lastminute.com.au we respect the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the information listed below.
Please provide the following information in the following format:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may also send us your notice using the contact information below:
- lastminute.com.au c/o The Legal Department, 7 Baroona Road, Milton, QLD, AUSTRALIA 4064
- Fax number: +61 7 3512 9914
37. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify this, when filling out your notice.