Terms & Conditions
This site (“Site”) www.discovertravelshop.com.au is owned and operated by Discover the World Marketing Travel Pty Ltd (DTWM) (trading as Travel Shop). The use of this Site is conditioned on your acceptance, without modification, of the terms and conditions contained herein. Your use of this Site constitutes your agreement to all such terms and conditions.
1. Use of Site by Private Customers
This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or sell any information, products, or services obtained from this website. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You warrant that you are at least 18 years of age and possess the legal authority to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website. You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
2. Use of Site by Agents
You represent that you are a bona fide travel agent and are authorised to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are legally responsible for all uses of this Site by you and those using your login information. You may only use this Site to make legitimate inquiries or request purchases and shall not use this Site to make any speculative, false or fraudulent statement in anticipation of collecting information not generally available to the travel trade.
All prices shown on this “Site” are in Australian Dollars and are to be used as a guide only.
4. Booking Conditions
DTWM is not itself a carrier or hotelier nor do we carry on business as an airline, a cruise line, a shipping company, a coach or bus company, a railway, a hotelier or provider of any kind of transport or accommodation.
It is important to note therefore that all bookings made by DTWM on behalf of passengers are subject to the terms and conditions and limitations of liability imposed by such airlines, cruise lines, shipping companies, coach and bus companies, railway, hoteliers and other service providers whose services are utilised, most of which limit or exclude liability in respect of death, personal injury and delay and loss of or damage to property including baggage. DTWM strongly recommends and you agree that you will review the terms and conditions with the airline, cruise line, shipping, coach and/or bus companies concerned before making the booking, as you will be bound by such terms and conditions. Links to the terms and conditions are provided above; please read these carefully.
5. Travel Insurance
DTWM strongly recommends that you take out comprehensive travel insurance. Travel Insurance should be in force for the entire duration of your holiday, covering at least the cancellation of the booking and providing medical cover for illness or injury and repatriation while overseas. You will receive a booking form requesting you to provide us with the name of your insurer, together with their 24-hour emergency number. Travel Insurance can be purchased through Discover Travel Shop.
6. Intellectual Property
The names, words, logos, slogans, images, marks, trade names, and trademarks used on this Site are either the property of DTWM or the property of their respective owners. You may not use, reproduce, copy or manipulate any such names, logos, slogans, images, marks, trade names or trademarks in any manner without our prior written consent.
All content of this Site is subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by DTWM or by third parties. All such rights are expressly reserved.
Any complaint or claim for compensation must be submitted to DTWM in writing substantiated by acceptable documentation no later than 30 days from completion of any services or products acquired via this Site.
8. Limitation of Liability
DTWM shall, in no event, be liable for any type of punitive, incidental, special or consequential damages arising out of the use of this Site in any way, or with the delay or inability to use this Site, or for any information, products and services obtained through or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise, even if DTWM have been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
DTWM makes no representations about the suitability of the information, products and services contained on the Site for any purpose, nor does such content constitute any endorsement or recommendation of such products or services by DTWM. All such information, products, and services are provided "as is" without warranty of any kind. DTWM disclaims all warranties and conditions that this Site, its servers or any email sent from DTWM are free of viruses or other harmful components. DTWM hereby disclaims all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
DTWM is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any airlines, cruise lines, shipping companies, coach and bus companies, railway, hoteliers and other service providers as well as for any acts of any government or authority for any personal injuries, death, property damage or any other damages or any resulting expenses. DTWM has no liability and will make no refund in the event of any delay, cancellation, overbooking, re-scheduling, re-booking, re-routing, strike, force majeure, financial insolvency, bankruptcy or other causes beyond its direct control and has no responsibility for any such events as well as for any additional expenses or damages.
In no event shall DTWM be liable for any direct, indirect, punitive, incidental, special or consequential damages arising in any way connected with:
(i) customers’ access to, display of or use of this Site, or
(ii) the delay or inability to access or display or use this Site (including, but not limited to, customers’ reliance upon opinions appearing on this Site; any computer viruses, information, software, linked sites, products and services obtained through this Site; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability or otherwise--even if DTWM have been advised of the possibility of such damages.
If, despite the limitations above, DTWM is determined to be liable for any losses or damages which arises out any of the occurrences described above, then DTWM’ aggregate liabilities will not exceed an amount greater than:
(a) one-hundred Australian dollars or
(b) the transaction fees assessed for the applicable purchase on this Site.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedies specified in these terms are determined to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of DTWM.
The parties further acknowledge that the limitations set forth in these terms and conditions are integral to the amount of fees charged by DTWM for the services provided, and recognize that were DWM to assume any further liability beyond that set forth above, such fees would be substantially higher.
You shall defend and indemnify DTWM and its respective members, principals, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought by you or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site or your breach of these terms and conditions.
10. Links to Third-Party Sites
This Site may contain hyperlinks to websites operated by parties other than DTWM. Such hyperlinks are provided for your reference only. DTWM does not control such websites and are not responsible for their contents. DTWM inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
DWM uses reasonable efforts to ensure that the content on this Site is complete and current. DTWM, however, does not guarantee that such content will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product or service description or availability. DTWM reserves the right to correct any error, inaccuracy or omission or to change or update this Site without prior notice to you. Further, DTWM reserves the right to refuse or cancel any orders or reservations containing any error, inaccuracy or omission, whether or not the order or reservation has been submitted, confirmed and/or you have paid or your credit card has been charged. If you have paid or your credit card has been charged for the purchase and your order or reservation is cancelled due to an error, inaccuracy or omission, DTWM shall promptly refunds the amounts paid or issue a credit to your credit card for the amount of such charge.
DWM reserves the right to change, suspend or discontinue any aspect of the Site at any time.
DTWM's private policy terms are incorporated herein by reference, and you agree to the terms and provisions therein.
15. Governing Law
This Site and your use of this Site are governed by the laws of New South Wales, Australia. By using this Site, you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
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