These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online hotel reservation service provided on these pages and through the website (the "service") are owned, operated and provided by VisitAustralia.com ("VisitAustralia.com", "us", "we" or "our") and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
1. Scope of our Service
Through the website we (VisitAustralia.com and its affiliate (distribution) partners) provide an online platform through which hotels (including all types of temporary accommodation) can advertise their rooms for reservation, and through which visitors to the website can make such reservations. By making a reservation through VisitAustralia.com, you enter into a direct (legally binding) contractual relationship with the hotel at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the hotel, transmitting the details of your reservation to the relevant hotel and sending you a confirmation email for and on behalf of the hotel.
When rendering our services, the information that we disclose is based on the information provided to us by the hotels. As such, the hotels are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any hotel made available.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2. Prices and Best Price Guarantee
The prices on our site are highly competitive. All prices on the VisitAustralia.com website are per room for your entire stay and are displayed including VAT tax and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email.
Sometimes cheaper rates are available on our website for a specific stay at a hotel, however, these rates made by hotels may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
In the event of a cross out rate, we look at current prices (to be) charged by the hotel in the 30 day window around your requested check in date - of all the prices within the window we take the third highest price offered. To make a fair comparison, we always use the same booking conditions (meal plan, cancellation policy and room type). This means that you get the same room for a lower price compared to other check in dates at the same time of year.
We want you to pay the lowest price possible for your stay at a hotel. If you find your hotel room, with the same booking conditions, for a lower rate on the Internet after you've booked with us, we will match the difference between our rate and the lower rate under the terms and conditions of the Best Price Guarantee.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
4. Free of Charge
Our service is free of charge. Unlike many other parties, we will not charge you for our service or add any additional (reservation) fees to the room rate. We will not charge your credit card, as you will pay the hotel directly for your stay.
5. Credit Card
Hotels require credit card details in order to guarantee your reservation. As such, we will send your credit card information directly to the hotel at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well. In order to safeguard and encrypt your credit card information when in transit to us, we use the "Secure Socket Layer (SSL)" technology for our services.
For certain rates or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges you the deductible because of unauthorized transactions resulting from a reservation made on our website, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (email@example.com). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using VisitAustralia.com's secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.
By making a reservation with a hotel, you accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation or during your stay, including for services rendered and/or products offered by the hotel (the delivery terms and conditions of a hotel can be obtained with the relevant hotel). The general cancellation and no-show policy of each hotel is made available on our website on the hotel information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.
If you would like to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the hotel’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the hotel carefully prior to making your reservation.
7. Further Correspondence
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your booking and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. We shall not send you any further (solicited or unsolicited) notices, emails or correspondence (unless you specifically agree otherwise) other than (i) the email correspondence confirming your booking, (ii) relevant booking modifications or cancellation emails (including reminder emails in instances where you have not finalized a booking), (iii) communications initiated from us or the hotel regarding your booking, (iv) guest review invitations, and (v) the emails for which you may have actively opted in.
8. Ranking and Guest Reviews
The default setting of the ranking of hotels on our website is "Recommended" (or any similar wording) (the "Default Ranking"). For your convenience, we also offer other ways to rank the hotel. Please note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria.
The completed guest review may be (a) uploaded onto the relevant hotel’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the hotel, and (b) (wholly or partly) used and placed by VisitAustralia.com at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by VisitAustralia.com. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the hotel as made available on our website, (iii) the services rendered or the products offered by the hotel, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the hotel (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by VisitAustralia.com , its suppliers or providers.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.
The original UK English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the UK English version and any other language version of these terms and conditions, the UK English language version to the extent permitted by law shall apply, prevail and be conclusive. The UK English version is available on our website (by selecting UK English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
11. About VisitAustralia.com
All of our services are rendered by VisitAustralia.com , which is a private limited liability company, incorporated under the laws of the State of Texas and having its offices at 14643 Dallas Parkway, Suite 320, Dallas TX 75254.