Terms of Use

Terms & Conditions

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Discover Travel Shop SYD Terms and Conditions

Terms of Use

These terms apply equally to the Sites,  www.discovertravelshop.com.au and www.discovertheworld.com, which are  owned and operated by Discover the World Marketing Travel Pty Ltd (DTWM) (trading as Travel Shop). The use of each Site is conditioned on your acceptance, without modification, of the terms and conditions contained herein. Your use of each Site constitutes your agreement to all such terms and conditions. Further, any transaction with DTWM or any company in the Discover the World group in relation to any product or service displayed, advertised or promoted on either Site, will be subject to these terms and conditions. The benefit of these terms and conditions shall extend to each and every company, in the Discover the World group of companies and to every employee and agent of Discover the World and such companies, subject to any law of the Commonwealth or State which applies and which has a contrary or modifying affect.

1. Use of Site by Private Customers
In the case of 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
In the case of 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.

3. Prices
All prices shown on the Sites 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 (each a Third Party Provider). DTWM provides you with booking services that allow you to acquire travel products and services (the Products) from Third Party Providers. DTWM is not itself the provider of the Products and has no liability for the Products provided by Third Party Providers. In relation to the Products, you are subject to the terms and conditions of the ultimate supplier, of which you should check before using our booking services.

Our obligation to you is to (and you expressly authorise us to) make travel bookings and to arrange relevant contracts between you and the Third Party Providers. Accordingly, all such bookings  are subject to the terms and conditions and limitations of liability imposed by the Third Party Provider, 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 Third Party Provider concerned before making the booking, as you will be bound by such terms and conditions.

Your legal rights in connection with the Products are against the Third Party Provider, not DTWM, unless there has been fault caused directly by DTWM. If the Third Party Provider is unable to provide you with the Products for which you have contracted your rights are against the Third Party Provider, not DTWM. Any action for liability of payment and recovery of payment is made between you and the Third Party Provider. DTWM does not enter into any debtor or creditor relationship between you or the Third Party Provider.

You further agree that DTWM and each and every company in the Discover the World group of companies and their employees and agents shall be entitled to the benefit of the terms and conditions of the Third Party Supplier which apply to any supply.

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 the Third Party Provider. 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 the Third Party Provider. All such rights are expressly reserved.

7. Claims
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, or in the event that a service is not provided within 30 days, of the date when the supply of the services or Products should have been completed.

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, or arising in any way in connection with the Products 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 Third Party Provider 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. The Third Party Provider is liable in the event of breach of its obligations in providing the Products to you. 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.

Where the provisions of the Australian Consumer Law (ACL) apply, the ACL will prevail over any terms and conditions that are inconsistent with or otherwise would be a breach of the ACL, but only to the extent of the inconsistency. Nothing in these terms and conditions excludes or limits the application of any statutory provision where to do so would contravene that statute or cause any part of the terms and conditions to be void.

To the extent permissible under section 64A of the ACL, DTWM limits it liability to, at DTWM’s option:

  1. The supplying of the services again; or
  2. The payment of the cost of having the services supplied again.

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 DTWM to assume any further liability beyond that set forth above, such fees would be substantially higher.

9. Indemnification
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’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

11. Errors
DTWM 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 caused by DTWM, 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 caused by DTWM, DTWM shall promptly refund the amounts paid or issue a credit to your credit card for the amount of such charge. DTWM is not responsible for the refund of credit card charges, or any other method of payment, in the event your order or reservation is cancelled due to an error, inaccuracy or omission caused by the Third Party Provider.

12. Changes
DTWM reserves the right to change, suspend or discontinue any aspect of the Sites at any time.

13. Privacy
DTWM’s private policy terms are incorporated herein by reference, and you agree to the terms and provisions therein.

14. Cookies
"Cookies" are a standard for storing small pieces of data on your computer. Any web server (including this one) may store one or more cookies in your browser or request your browser to transmit the data to the Web server. DTWM may use cookies to control the display of advertisements, to track usage patterns on the Site to personalize information to improve service for you on your subsequent visits to the Site. DTWM can provide this function by placing a cookie on your computer. The cookies may contain personal information and such cookies may be shared. You may disable the use of cookies on your web browser. However, if you set your browser to refuse cookies, some portions of the Site may not function properly, and your use of the Site may be restricted.

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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