Terms and Conditions of Use
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE www.flybusiness.com.au WEBSITE (the "website"). PLEASE READ THEM CAREFULLY BEFORE USING THIS WEBSITE. ACCEPTANCE OF THESE TERMS AND CONDITIONS IS A CONDITION OF BOOKING AND IS YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THEM.
THIS WEBSITE. This website is operated by Dalyfoal Pty Ltd (ABN 68 980 150 993). For the purposes of this policy, "we", "us", "our" means Dalyfoal Pty Ltd and each of its affiliates, successors and assigns. These Terms and Conditions which govern the use of this website and the purchase of the services provided via this website (the "Services"). By using this website you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms you should not proceed with your booking. We reserve the right in our sole discretion, to modify, alter or otherwise update these terms at any time. By using this website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms.
OWNERSHIP. All trade marks, logos, service marks, copyright and other intellectual property rights associated with this website and its contents (collectively referred to as the "Intellectual Property") are owned by us. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Trade Marks, other than for the purpose of using the website, without the written permission of the owner.
USE OF THIS WEBSITE. By using this website you warrant to us that you are at least eighteen (18) years old. You must only use this website for lawful purpose and in a responsible and co-operative manner. You must not (i) use any device, software or routine that interferes or attempts to interfere with the normal operation of this website; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment, (iii) use any ‘robot’, ‘spider’ or other automatic devices (or a program, algorithm with similar processes or functionalities) or any manual process or functionality or monitor or, assemble, analyze, index, copy, transmit, distribute, transfer or link to any of the pages, data, materials or content available on the website.
You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials on this website, and you must not alter, obscure or obliterate any of such notices. You are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights; (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner such right, (c) contains a virus, bug or harmful item, (d) is used to unlawfully collude against another person in restraint of trade or competition or; (e) contains any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any other law.
RELATIONSHIP WITH THIRD PARTIES. All bookings made through this website are subject to the booking terms and conditions and the limitations of liability imposed by the relevant airlines or service providers with whom you have contracted for the provision of services. It is your responsibility to familiarise yourself with those terms and conditions which are incorporated by reference in these terms:
Dalyfoal Pty Ltd is not responsible for any breach of contract or act or omission of or by any airline or service provider which results in any loss, damage, delay or injury to you. We do not guarantee the accuracy of information obtained from third party websites. We do not warrant that the functions or material accessible from or contained in this website will be uninterrupted, error free, virus or bug free.
PERSONAL IDENTIFICATION. You warrant that the information supplied to us via this website is accurate and not misleading, deceptive or likely to mislead or deceive. You are responsible for maintaining the confidentiality of any means of personal identification for accessing the Services, including but not limited to your password. You must not permit any third party to access Services using your personal identification other than with your express permission and under your personal supervision. If you become aware that an unauthorised person may have used your personal identification to access Services you must immediately update your password and contact your travel agent.
PRIVACY. Your use of website is subject to our privacy policy. You agree that you have read our privacy policy, and agree to such terms.
EXCLUSION OF WARRANTY. We make no warranty of any kind regarding the content of this website which is provided on an "as is" basis. We do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this website and to the extent permitted by law, expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
LIMITATION OF LIABILITY. We assume no responsibility, and shall not be liable for, any damage or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this website. In no event shall we be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this website or content found herein, or (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this website).
We do not accept any liability, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise of third party providers. In circumstances where liability cannot be excluded, such liability is limited to the value of your purchased services. We do not accept any liability in contract, tort or otherwise, for any injury, damage, loss (including consequential loss), delay, additional expense of inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control.
INDEMNIFICATION. You shall defend and indemnify us and our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by any third party as a result of your use of the website other than in accordance with the terms of this agreement.
GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Queensland, Australia.You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
TERMINATION. We may immediately terminate your right to use this website for any improper use of this website or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which we may be entitled, at law or in equity.
ASSIGNMENT. You may not assign, convey, subcontract or delegate any of your rights, duties or obligations under any of the terms displayed on this website.
SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision or part of a provision is determined to be unenforceable or invalid, such provision or part shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
GENERAL.
Headings are for reference purposes only.
Failure to act in relation to a breach by you or others of these Terms will not waive our rights to act with respect to subsequent or similar breaches.
TRAVEL DOCUMENTS. Travel documents including but not limited to airline tickets, hotel vouchers, tour vouchers and any other documents whether in electronic form or printed form, may be subject to certain conditions or restrictions including but not limited to being non-refundable, subject to cancellation or amendment. All travel documents are non transferable. All airline tickets must be issued in the name of the passport holder or photo identity holder. Please ensure you have read the terms and conditions of your carrier.
PHOTO IDENTIFICATION. All airlines require you to show photo identification at check-in. Your photo identification must match the name of the passenger on your ticket.
PASSPORTS AND VISAS. It is your responsibility to have a valid Passport and all relevant Visas and re-entry permits, as the case may be, which meet the requirements of immigration and other government authorities. For some destination your Passport must be valid for a set minimum period beyond your travel dates. You are responsible for ensuring that your Passport is valid throughout the period of your travel and any relevant minimum period.
HEALTH & TRAVEL INSURANCE. You are strongly recommended to take out comprehensive travel insurance when making a booking to travel overseas.
FLIGHT DETAILS. All departure times shown on your ticket are subject to reconfirmation. You are responsible for contacting each applicable airline at least 72 hours before each departure. We accept no responsibility for amended flight timings or flight numbers.
PRICES. All prices quoted are subject to availability and can be withdrawn or varied without notice.
CURRENCY. Where rates or prices are quoted in a currency other than Australian dollars, an Australian dollar estimate will be provided and the final payment amount may vary subject to the actual bank selling rate used by the airline or service provider to calculate the final payment amount in Australian dollars.
FEES. All bookings are subject to cancellation fees, rebooking & reissue fees from www.flybusiness.com.au, as well as any additional fees charged by the supplier.
CREDIT CARDS. Some airlines and service providers impose various surcharges on credit card payments. These surcharges will either be displayed during the booking process or included in the airfare or service fee that is displayed. You must have sufficient credit on any credit card that you use to purchase Services to meet all charges for the Services you book via this website. You must complete a Credit Card Authorisation Form that will be sent to you by your consultant.
REFUNDS. Any request for a refund for Services booked on this website is governed by the terms and conditions of the services you purchased and is determined by the airline or other service provider. Many fares are non-refundable. Cancellation fees or other charges may apply to your particular booking.
TAXES. We will endeavour to notify you of all relevant prepayable taxes and airport charges when you confirm your booking with us. We recommend you contact us for information in relation to any additional taxes, charges or other costs which may apply to your travel.
