This Agreement is made between European Travel Experts Pty Ltd ABN 24128478482
“ Trading as European Travel Experts / EtE Travel.com/ Euroscape Travel and you. (“You”).
In consideration of this website being made available for your use You agree to the following terms and conditions.
1. Definitions
1.1 In this Agreement, unless inconsistent with the context:
(a) Agreement means this agreement, its recitals, provisions and the booking terms and privacy policy found at this website;
(b) Clause means a clause of this Agreement.
(c) Intellectual Property Right includes, without limitation, any right arising from or capable of arising from the: Circuits Layout Act 1989 (Cth); Copyright Act 1968 (Cth); Designs Act 1906 (Cth); Patents Act 1990 (Cth); Plant Breeder’s Rights Act 1994 (Cth); Trade Marks Act 1995 (Cth); any similar legislation outside the Commonwealth of Australia; any similar unregistered right; and Confidential Information.
(d) Party means a party to this Agreement and its successors, trustees and permitted assigns.
(e) Sub-clause means a sub-clause of this Agreement.
2. Interpretation
2.1 In this Agreement, unless inconsistent with the context:
(a) Words denoting a person shall include corporations, statutory corporations, partnerships, joint ventures, associations, boards, governments or semi-government agencies or authorities.
(b) Words denoting the singular number shall include the plural number and vice versa.
(c) Words denoting any gender shall include all other genders.
(d) A reference to a statute or a regulation also refers to any statute or regulation amending, or consolidating or re-enacting same.
(e) Money references are references to specified currency.
(f) Headings used in this Agreement are for convenience and ease of reference only, and are not part of this Agreement and shall not be relevant or affect the meaning or interpretation of this Agreement.
(g) Every obligation, covenant, agreement, condition express or implied in this Agreement and entered into by more than one party shall bind them jointly and each of them severally.
(h) A provision of this Agreement shall not be construed adversely to the Party that drafted it.
(i) If any provision or part provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force apart from such provision or part provision which shall be deemed deleted.
(j) Words denoting writing shall include an electronic message sent from ETE TRAVEL Euroscape to You.
3. Your obligations
3.1 You shall, unless agreed otherwise by notice in writing from (EtE Travel.com ”):
(a) not rely on any statement found on this website without independently verifying same by using your own enquiries;
(b) supervise and control the use of this website in accordance with the terms of this Agreement;
(c) ensure that Your officers, employees, sub-contractors and other agents who have authorised access to website are made aware of the terms of this Agreement;
(d) advise EtE Travel ® in writing within 7 days of You becoming aware of any person using this website who is not authorised by EtE Travel ®;
(e) keep Your password and user account details confidential and not disclose same to any other party. Should any such disclosure occur You shall report same to Euroscape Travel in writing as soon as possible. You shall be responsible for all use of this website whether authorised or not by You;
(f) properly train Yourself in the use of this website;
(g) provide equipment which EtE Travel ® considers suitable to use this website;
(h) comply with all relevant laws;
(i) to the extent permitted by law, release, indemnify and keep indemnified EtE Travel ®, its servants and agents against all liability, claim, action, suit, demand, loss, cost (including legal costs on a solicitor and own client basis) or expense arising out of or in any way connected with this Agreement or this website including without limitation, breach of any law, defamation and Intellectual Property Right infringement
4. Limited Warranty
4.1 EtE Travel hall supply this website with all due care and skill.
4.2 EtE Travel shall re-supply any services which are not supplied in accordance with Sub-clause 4.1 provided that You notify EtE Travel ® of same within a reasonable time from the time of supply. This remedy shall be Your sole and exclusive remedy for breach of this Agreement or any other cause of action against EtE Travel
4.3 EtE Trave cannot and does not warrant that this web site shall be available 24 hours a day or that any fault shall be corrected within a specific time frame.
4.4 Please note that all services booked using the web site are supplied subject to the terms and conditions of the Provider of that service. 4.5 It will be EtE Travel responsibility to cancel the reservation with the relevant supplier. No responsibility will be taken for any cancellations made by the client or travel agent directly to the hotel or associate office.
5. Exclusions and Limitation of Liability
5.1 Except as expressly provided to the contrary in this Agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this Agreement or to this Agreement generally, are excluded.
5.2 Unless EtE Travel ® otherwise agrees in writing, EtE Travel ® is not responsible for, without limitation:
(a) ensuring that the website is accurate;
(b) ensuring that the website is suitable for Your requirements or fit for any purpose;
(c) any interruption to the website due to, without limitation, equipment failure, the need for routine maintenance, peak demand and so on;
(d) the supply or maintenance of Your equipment, software or telephone lines;
(e) monitoring, controlling or ensuring the accuracy, appropriateness or content of any information on the Internet and does not do so;
(f) any software available on the Internet; or that
(g) ensuring that the web site is secure, error or virus free.
5.3 EtE Travel ® does not endorse or approve of any materials on the Internet and shall not be liable in any way for such materials. You acknowledge that EtE Travel ® does not and cannot monitor or control the content and information accessed via the Internet and shall not hold EtE Travel ® responsible in any way for any content or information accessed via the Internet or any link from this website.
5.4 Save for Clause 4, and to the extent permitted by law, EtE Travel ® shall not be under any liability to You in respect of any loss or damage (including, without limitation, consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this Agreement or the failure or omission on the part of EtE Travel ® to comply with its obligations under this Agreement.
6. Waiver
6.1 No right of EtE Travel ® shall be deemed to be waived except by notice in writing from EtE Travel ®.
6.2 Any failure by EtE Travel ® to enforce any provision of this Agreement, or any forbearance, delay or indulgence granted by a Party shall not be construed as a waiver of EtE Travel ® rights.
7. Notices
7.1 Notices under this Agreement may be delivered by hand, by mail, facsimile or e-mail to the above addresses.
7.2 Notices shall be deemed given, in the case of:
(a) hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving party;
(b) posting, 3 days after dispatch;
(c) facsimile, upon completion of transmission; and
(d) e-mail, immediately after dispatch.
8. Entire Agreement
8.1 This Agreement constitutes the entire agreement between the parties for the subject matter referred to in this Agreement. Any prior arrangements, agreements, representations or undertakings are superseded.
8.2 No modification, variation or alteration of any provision of this Agreement shall be valid except in writing and expressly authorised by EtE Travel ®.
8.3 EtE Travel ® reserves the right to change these terms and conditions and any rates or fees from time to time without notice. Should you not agree to any such changes then Your sole remedy is to terminate this Agreement.
9. Governing Law
9.1 This Agreement shall be governed by and construed according to the law of the State of Victoria Australia.
9.2 The Parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia and any courts hearing appeals from such Courts. Any proceedings in a Commonwealth court shall be commenced in Victoria.
EtE Travel ® deals through it’s online reservation portal, offering the facility to reserve one or several services as detailed, in one or more Booking Requests subject to the following terms and conditions.
1. Deposits
1.1 A minimum deposit of $150 per person is required to secure Your hotel reservation if booking is made more than 40 days prior to departure
- Full payment is required for Hotels and other services if departure date is within 40 days.
Final payment is due 40 days before commencement date
. In the unlikely event that EtE Travel ® is not able to confirm a Booking Request, Your deposit will be fully refunded.
2. Amendments and Cancellations
2.1 Bookings are accepted with the understanding that Your request is definitive and it cannot be cancelled or amended without incurring fees.
2.2 In peak season, which runs over festivals or special events, You may incur higher fees for amendments or cancellations, in some cases full pre-payment may be required immediately.
2.3 Once confirmed a fee of $10.00 will be charged for each service amended.
2.4 Amendments within 40 days of commencement date may incur higher charges.
3. Late bookings
3.1 For bookings received within 40 days of commencement date, full payment is required upon reservation.
4. Cancellations & Refunds
4.1 All cancellations must be made directly to EtE Travel ® and not directly to the hotel or associate office.
4.2 Cancellations within 14 days of commencement must be made in writing to EtE Travel ®; by email quoting Your full name and your reservation number.
4.3 In such cases, a cancellation must be confirmed to You by return email within 2 business days by EtE Travel ®. If within 2 business days You do not receive this confirmation please resubmit Your cancellation request again.
4.4 Please note: refunds will not be granted for cancellations received within 7 days prior to the commencement date. For cancellations outside 7 days, refunds will be made less cancellation fees where applicable.
If You cancel:
(a) 40 days outside commencement of travel the deposit will be forfeited;
(b) 40 to 30 days before commencement of travel, 10% of total amount payable will be forfeited;
(c) 30 to 15 days before commencement of travel, 20% of total amount payable will be forfeited;
(d) 15 to 7 days before commencement of travel, 50% of total amount payable will be forfeited; or
(e) 7 days before commencement of travel or “no show” the total amount payable will be forfeited PLEASE NOTE: the above are terms and condition for general reservations, after full payment is received and documentation is issued, we reserve the right to charge booking fees and any suppliers cancellation charges in addition to the charges mentioned above fee4.5 It will be EtE Travel ® responsibility to cancel the reservation with the relevant supplier. No responsibility will be taken for any cancellations made by the client or travel agent directly to the hotel or associate office.
5. No Shows
5.1 If You fail to check-in for the designated service on the date booked and shown on Your voucher no refund will be granted for this unused service.
6. Over Bookings
6.1 In case of hotel overbooking the client will be relocated to another hotel of the same category at no additional cost or refund.
7. Travel Documents
7.1 All travel documents including Travel Vouchers should be handled by the passenger with the utmost care. Please check Your vouchers to make sure dates and services correspond with Your requirements. Your voucher is the document required as evidence of Your reservation and payment of each service. It is Your responsibility to have a printed copy of Your voucher ready to present upon arrival for the service required.
7.2 Some lost or destroyed travel documents may require a re-issuing fee. It is also Your responsibility to ensure that You are holding a valid passport with applicable visas required for the country You are visiting.
8. Extra charges
8.1 In some cases extra charges are payable direct locally. For more details please refer to our notes on the particular service.
9. Complaints
9.1 Any complaints arising from the reservation must be notified immediately and no later than 3 working days after termination of service so complaint can be investigated and or rectified. Complaints must be received in writing by letter or by email. 9.2 A complaint must be acknowledged by return \email within 2 business days by EtE Travel ® If within 2 business days You do not receive this confirmation please resubmit Your complaint again.
10. Causes beyond EtE Travel ® and Its Affiliated Travel Providers control.
10.1 EtE Travel ® and its Affiliated Travel Providers will not be responsible for any failure in the course of this agreement due to a Force Majeure event. This shall include government intervention, wars, threat of war, riot, civil disobedience, industrial disputes, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, changes of water levels in rivers, unforeseen operational changes of air carriers such as changes of schedules or any other unforeseeable or unavoidable event beyond EtE Travel ® and its Affiliates Travel Providers ’s control.
11. Behaviour
11.1 It is You and Your party’s responsibility not to behave in such a way as to cause harm or offence to others or to risk damage of property belonging to others. In such an event EtE Travel ® and all Affiliated Travel Providers have the right to terminate any arrangements made by You on Your behalf. In this instance EtE Travel ® and Affiliated Travel Providers, responsibility towards You and Your party will cease and there will be no refunds, no compensation payments and no reimbursement of any costs or expenses You may sustain as a result of such behaviour.
12. Hotel and services Information
12.1 EtE Travel ® makes every effort to ensure that all details and descriptions are correct and is subject to change without notice. EtE Travel ® however, does not own or operate any of the hotels or services and therefore cannot prevent or control any changes. EtE Travel ® is not responsible for any service or facility temporarily out of use or for any renovation, redecoration or maintenance undergoing in a particular hotel.
12.2 EtE Travel ® is also not responsible for the effects of deterioration (wear and tear) or if the particular service is not suited to the client’s taste or preference. All content on this web site has been published in good faith however EtE Travel ® cannot check the accuracy of all information provided by hotels.
13. Payment
13.1 If payment for service is made by a third party, written acceptance of authorisation for payment is required by the card holder.
13.2 Prices are quoted in your local currency and guaranteed in the displayed currency. Once Your itinerary is invoiced, prices in Your local currency are guaranteed for 21 days after this period. Your local currency cost may vary due to currency exchange.
14. Fees
14.1 Unless stated expressly to the contrary, all fees and charges payable to EtE Travel ® pursuant to this terms and conditions or otherwise are not inclusive of Government taxes Please note in some Country or Cities a Tourist Tax, or City Tax is charged and collected directly by the Hotel concerned, this Tourist tax cannot be collected by us and cannot be included in the price. 15. Web Site Terms and Conditions
15.1 The web site terms and conditions are incorporated into these terms and conditions.