TRAVEL THE WORLD (TTW) Pty Ltd – TERMS AND CONDITIONS OF USE
These are the terms and conditions under which we offer you access to our Web site (site). Please read them carefully. Additional terms and conditions may apply to reservations, purchases of goods and services, downloads from and other uses of portions of this site. Your use of our site will be considered to be your acceptance of these terms and conditions and any of the additional terms and conditions.
1. TERMS AND CONDITIONS
a. In these terms and conditions, we or us means Travel the World (TTW) Pty Ltd
b. Please read these terms and conditions carefully as they apply to your use of this internet site (Site). By using this Site you agree to be bound by these
terms and conditions.
c. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
d. Your use of some parts or features of the Site may be governed by additional terms and conditions, dictated by each principal represented by Travel the
World. Where this is the case you will be notified accordingly, and those additional terms and conditions:
i. will apply to your use of such parts of the Site or features in addition to these terms and conditions; and
ii. will prevail over these terms and conditions to the extent of any inconsistency.
e. Principals represented by Travel the World are as follows
i. Holland America Line
ii. Windstar Cruises
iii. Delta Queen Steamboat Company
iv. Chiva-Som International Health Resort
v. Tauck World Discovery
vi. Silversea
vii. Cruisewest
viii. Aman Resorts
2. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge that the Content on the Site is subject to copyright and possibly other intellectual property rights. In these terms and conditions, Content
includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images,
photographs, illustrations, text and other materials).
b. Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
i. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way
for any public or commercial purpose without our prior written consent; or
ii. otherwise infringe the intellectual property rights of any person in using the Site or any Content.
iii. Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights
unless this is expressly stated.
iv. You agree that our corporate logo “Travel the World” is our trademark. All rights are reserved by us. All other trademarks and other intellectual property
rights referred to or appearing on our Site are the property of their respective owners.
3. CONTENT OF THE SITE
a. We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
b. You acknowledge that the Content on the Site is liable to change at any time.
c. Prices quoted on the Site are in both Australian dollars and US Dollars, as indicated.
d. Prices quoted on the Site should be used as a guide only as they may change from time to time according to each respective principal.
4. YOUR USE OF THE SITE
a. You must not:
i. disrupt or interfere with theSite or servers or other software, hardware or equipment connected to or via the Site;
ii. reproduce any Content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute
discretion;
iii. violate any Applicable Law relating to your use of the Site; or
iv. collect or store personal data about other users of the Site.
v. In these terms and conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
1. any law, rule or regulation of any country (or political sub-division of a country);
2. any obligation under any licence in any country (or political sub-division of a country); and
3. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
5. LINKS, DOWNLOADS, PLUG-INS, FEATURES AND ADVERTISEMENTS
a. We have not reviewed all of the sites, downloads, plug-ins, features or advertisements linked to this Site and are not responsible for the content or accuracy
of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability
for any claims arising out of your use of these links or of the descriptions or information supplied to us.
b. Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. We will not be
liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the
Site.
6. COOKIES
a. During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies”. By using this site you authorise us to issue
such cookies to your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct
and accurate cookies in response to any relevant request from the Site.
b. Like many other commercial websites, Travel the World Pty. Ltd. may employ a standard technology called a "cookie" to collect information about how the
Site is used including data such as pages visited and inferred preferences, as well as aggregate Site data. "Cookies" are pieces of electronic information
(specifically, a string of text) that your browser and your operating system store on your hard drive for record-keeping purposes.
c. Cookies can store a user's ID and password, personalise home pages and identify which parts of a site have been visited or keep track of previous selections
or purchases. In this way, cookies can enhance the user's visit.
d. Other companies, which place advertising or links on the Site, may collect information about you when you view or click on their advertising or content
through the use of cookies. Due to the technical operation of the Internet, Travel the World Pty. Ltd. cannot control this collection of information and accepts
no responsibility for this collection, use or disclosure. You should contact these advertisers or content providers if you have any questions about the use of
the information they collect.
e. Similarly, there may be links that will let you leave the Site. The use of information and/or privacy provided by the operator of a linked site as to any
information you provide in accessing a linked site is in no way subject to this Privacy Policy. Travel the World Pty. Ltd. takes no responsibility for any privacy
policies or practices of any web sites accessible from the Site, whether or not such practices conform to privacy policies of those sites.
7. USE OF THE SITE IS AT YOUR RISK
a. Subject to paragraph (b), you use the Site at your own risk and everything on the Site is provided to you “as is” and “as available” without warranty or
condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. We exclude all representations and warranties to the fullest extent permissible under Any Applicable Law
b. If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (a) but allows limitations of a certain maximum extent then
we limit our warranties to that extent.
8. LIMITATION OF LIABILITY
a. To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common
law or statutory cause of action arising in relation to these terms, the Site or the Content is limited to the following, the choice of which is at our sole
discretion:
i. In the case of goods any one or more of the following:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; or
ii. in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again.
b. To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits,
goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether
based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
c. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum
extent then our liability is limited to that extent.
9. GENERAL PROVISIONS
a. If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will
remain in full force and effect.
b. This agreement is governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South
Wales, Australia.
Prices are based on currency exchange rates effective March 2004 and international airfares in effect at March 2004.
The prices quoted by are subject to change without notice in the event of unforeseen circumstances such as fluctuation in exchange rates and/or increases in land and airfare costs, airport charges port charges or government taxes. Itineraries are subject to alteration if airline schedules are amended, a tour is cancelled by the operator for whatever reason, or other conditions require it. If, in the unlikely event that we have to cancel your booking because of insufficient numbers booked or because of events outside our control, we will, if we are able to, offer you an alternative tour of a similar standard. If you do not accept the alternative, we will refund in full any monies already paid for that particular tour.
Changes of Hotels: If for any reason the hotel(s) nominated herein is/are unavailable, an alternative will be sought/offered. If, after confirmation, the hotel becomes unavailable, you will be assigned to a hotel of similar or superior standard.
IMPORTANT POINTS TO NOTE
Health and Immigration
Passengers should familiarise themselves with any health or visa requirement that may be applicable in the areas they intend visiting, and they shall be responsible for all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries visited or transited. Each person(including infants) requires a valid passport. Kindly note that passport and visa requirements are not Travel The World’s responsibility or that of your Agent and Travel The World are not liable for any loss or expense due to a passenger’s failure to comply with the above. Visas may take several weeks to process. Passports must have at least 6 months validity from the date of your return to Australia.
Maps and Illustrations
Route maps and photographic illustrations are for general purposes only and are not intended to indicate the exact route, facility, service or hotel, which may vary. Flying times are approximations only and may vary depending on schedules, actual flight routings and aircraft types.
Not Included in Holiday Prices
Costs of passports or visas; meals other than those specified in the itinerary; excess baggage charges; personal items such as phone calls, laundry, drinks, room service etc.; sightseeing other than specified in the itinerary; airport taxes and Government taxes other than on accommodation; any costs in Australia; Australian Passenger Movement Charge; and Travel Insurance.
RESPONSIBILITIES
Travel The World ABN 069 001 429 250 itself or through entities that are related or affiliated to it (all of whom are included in the expressions "Travel The World" or the "Operator" in this site) provide the service of selling holidays/tours/cruises and ancillary services such as bookings, arrangements and ticketing. The Operator does not itself provide the transport, accommodation, meals or other facilities described in this site(collectively the "services") that may be received by any person taking advantage thereof, all of which are provided by air carriers, land carriers, cruise operators, hoteliers or other service providers as principal. Travel The World agrees to make the reservations with the principals offering the services described in this site on the terms and conditions set out in this brochure. All coupons, exchange orders, contracts, tickets or vouchers issued by Travel The World (collectively "vouchers") are issued subject to all tariffs, terms and conditions contained in the contracts in use by the principals when used and constitute the sole contract between the principal and any person taking advantage of the services.
Acceptance of such contracts constitutes acceptance of the foregoing. Travel The World is responsible only for the services it provides and it accepts no responsibility for any loss or injury to persons or property caused by any act or omission, whether negligent or otherwise, on the part of any principal providing any services to any person taking advantage thereof, including but not limited to any loss or damage in respect of luggage or other property or inconvenience in respect of the handling thereof nor for any dissatisfaction with the properties or services provided by the principals. Travel The World is not liable in contract or tort for any injury, damage, loss, delay, additional expense or inconvenience caused directly or indirectly by force majeure or other events which are beyond the control of Travel The World or are not preventable including, without limitation, the acts or omissions of any person taking advantage of the services, dangers incident to the air or sea, delays, change of or alteration in any aircraft, itinerary, schedule or other travel service, illness, injury, strikes, war whether declared or not, failure of equipment, civil disturbance, medical or customs regulations, quarantines, floods, severe weather, acts of God, acts of government or other authority de jure or de facto or other disturbance of whatsoever nature, thefts, pilferage, improper or insufficient passport, visa or other documentation or anything else that interferes with, alters or adds to the cost of the services requested or booked. The foregoing exclusions of liability are subject to all Australian and State laws, such as the Trade Practices Act and Fair Trading legislation which prohibits the exclusion of certain liability, but remain effective to the full extent permitted by such laws. Travel The World will take due care to ensure the services provided by the principals are as described in this brochure subject to the qualifications and exceptions stated, but accepts liability for and only to the extent that loss or damage results directly from its own negligence or that of its employees. The making of a booking constitutes acceptance by all persons taking advantage of the services described in this site that the terms and conditions contained in this site constitute the entire agreement between them and Travel The World and that the agreement can only be varied by an officer of Travel The World in writing.
Travel the World accepts bookings subject to the following conditions:
Travel the World acts as the co-ordinator for all persons taking any service*, and in the making of arrangements for the service. Travel the World does not own, manage, control or operate any component of the delivery of services and all coupons, receipts and tickets are issued subject to the terms and conditions specified by the laws of the country where a service is provided.
Travel the World acts as an agent for the owners contractors and suppliers of services and assume no responsibility for the loss or damage to baggage, property or for injury or illness or death, or for any damages or claims of damage to persons or property, delays, transport failures, strikes, wars & uprisings, or acts of God etc over which we have no control. Clients are strongly advised to insure adequately for the full duration of their travel arrangements in respect of illness or injury death baggage and personal effects.
While Travel the World will use its best endeavours to ensure services* are performed as advertised, reasonable changes in the itinerary may be made without notice where deemed necessary or advisable by Travel the World or the operator. Further, whilst Travel the World will take all reasonable steps to provide enjoyable services*, Travel the World accepts no liability for any loss of enjoyment whatsoever, and howsoever experienced by a passenger.
All matters rising to any service* provided by Travel the World but not in respect of other things governed by the law of the state of New South Wales.
* Service/s refer to all accommodation & hotels or accommodation, cruises, flights, ground transportation / transfers, meals & beverages, shore excursions and tours.
CONSUMER PROTECTION
Travel The World holds a Travel Agents Licence 2TA 003774, is a member of the Travel Compensation Fund and is a member of the Australian Federation of Travel Agents ("AFTA")
