the fine print
BOOKINGS AND SITE USE TERMS & CONDITIONS
By using lastminute.com.au or lastminute.co.nz (the " Site ") and/or purchasing products or services through the Site you are agreeing to the following terms and conditions. " We ", " us " and " our " refers to lastminute.com.au Pty. Ltd. (ABN 34 091 825 142).
A: GENERAL | B: ACCOMMODATION | C: FLIGHTS | D: PACKAGE HOLIDAYS | E: GIFTS & EXPERIENCES | F: COMPETITIONS
Bookings made through the Site
1. We act as disclosed agent for third party suppliers and your contract is directly with them. Bookings are subject to the supplier's terms and conditions and policies and you should read these before proceeding with your booking. Our role as agent is limited to facilitating bookings and arranging documentation, payments and refunds, as applicable.
2. We may pass on your credit card details and any other essential booking details to the third party supplier who may charge your card directly for all or part of your booking payment. For details of how we collect and use your personal information please view our Privacy Policy.
3. By making a booking through the Site you warrant that you are at least 18 years old.
4. We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party suppliers who we have no direct control over. We make no warranty or representation about the fitness or suitability of any product or service advertised on the Site.
5. We recommend that all travellers obtain travel insurance against cancellation or amendment fees as well as providing sufficient medical cover.
6. We always try to settle any issues or complaints quickly and fairly. Any correspondence should be sent by email to Customer Support.
*Sections B, C, D and E below set out additional terms and conditions for Accommodation, Flights and Holiday Package and Gifts & Experiences bookings.
Use of the Site
7. We make every effort to ensure all information displayed on the Site is accurate; however, as considerable information is accessed from our suppliers, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the Site is free of errors or faults. We reserve the right to change information published on the Site at any time. We are not liable to you or any other person for any loss in connection with the use of a linked site.
8. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING NEGLIGENCE), WHICH MAY BE DIRECTLY OR INDIRECTLY SUFFERED, IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS THIS SITE OR THE PURCHASE AND USE OF ANY PRODUCTS AND SERVICES SUPPLIED VIA THIS SITE. THIS LIMITATION OF LIABILITY (WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STATUTE) APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY AND CLAIMS OF THIRD PARTIES. UNDER CIRCUMSTANCES WHERE LIABILITY CANNOT BE EXCLUDED, SUCH LIABILITY IS LIMITED TO THE VALUE OF THE PURCHASED GOODS OR SERVICES. THESE TERMS DO NOT AFFECT CONSUMER'S STATUTORY RIGHTS.
9. These terms & conditions are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
10. We may change or modify all or any part of these terms and conditions by posting changes to the Site.
11. Prices for hotels include all taxes, unless otherwise stated on the Site. Payment will be debited to your nominated credit card at the time the booking is placed in the total amount shown on the booking page.
12. The person making the reservation and the hotel guest checking in must be over 18 years. To eliminate booking fraud, the hotel guest will need to produce photo identification to ensure their identity matches the guest named in the booking. We may request the hotel to take a copy and provide this information to us to verify the guest's check-in details. The hotel guest will also need to provide the hotel a valid credit card at check in to cover incidentals.
13. If you wish to change or cancel your booking you must Contact Us. We will contact the hotel on your behalf and do our best to assist you. We cannot guarantee that changes can be made.
14. The hotel's policy on cancellations will generally be displayed on the relevant property details page and booking page. Some hotels may accept a cancellation (with or without a cancellation charge) but it is entirely at their discretion. The credit card fee charged by us at the time of reservation is non-refundable. For any permitted modifications or changes (inc. cancellation) to your booking We apply an administration charge per booking as set out in our Fees Schedule. If you fail to cancel a booking and do not check-in in accordance with the booking, you will be charged for up to the full amount of the booking.
15. Accommodation bookings made at any of the "Secret Hotels" cannot be changed, cancelled or refunded.
16. We sell hotel accommodation from an inventory supplied by each hotel and do not over-sell that inventory. We cannot accept any liability for unavailability of rooms caused by the hotel over-selling its own inventory.
17. We rely on information supplied to us by the individual hotels including descriptions, ratings and visual images. Therefore we are not responsible for any variance in quality from the information supplied to us by the hotel.
18. Licensed travel agent
All flight bookings are administered by us as a licensed Travel Agent ( No 2TA55110 ) under the NSW Travel Agents Act 1986 and a member of the Travel Compensation Fund.
19. Your booking with the airline
A booking placed on the Site is an offer to purchase the relevant fare/s. We will send a booking acknowledgement email to advise you that your request has been received and is being processed. A contract for the flight product arises directly between you and the airline when we send you a confirmation e-mail and itinerary indicating that your booking has been accepted. It is not until you receive a booking confirmation email from us that your seats are booked and paid and your booking with the airline is finalised. The onus rests on you to carefully check and correct any mistakes in your reservation request and in any confirmation thereof received from the airline via us.
20. Booking fee
We charge a booking fee as set out in our Fees Schedule. The booking fee will automatically be charged upon completion of the booking. The booking fee is non-refundable.
21. Airline flight rules
For each booking there are additional airline flight (or fare) rules which are specific to that flight. They may, for example, state that the ticket is non-cancellable or non-refundable, and have other information relating to itinerary and refunds. You should read the flight rules for each ticket. You can find the relevant flight rules on the Site when you progress through the booking path. You are responsible for complying with the airline's rules in relation to check-in times, reconfirmation of flights or other matters. We accept no responsibility for any issue arising due to non-compliance with rules set by the airline.
22. Fares and taxes
The flight fare price, taxes and booking fee as displayed in the booking summary are added together to form your final quotation. Prices displayed include pre-paid taxes only where specified and are subject to airline availability. Some taxes and surcharges are not pre-payable; it is your responsibility to pay these to the airline when required. Fares and taxes are subject to change and are not guaranteed until you receive a confirmation e-mail when your credit card will be charged. Any fare or tax change will be notified to you prior to you completing the booking. Upon successful confirmation you will be charged the booking price which is displayed in your final booking summary immediately before you click "Book and Pay". Airline fare conditions and class of travel can change at any time. Routing restrictions and other special conditions may apply.
23. Passport/ID, visa and health requirements
These are the responsibility of all individual travellers. For domestic flights the name of the booked passenger must match the passenger's photo ID provided at check-in. Passports are required for all travellers departing Australia. Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. When you make an international flight or holiday booking it is your responsibility to ensure that the booking name appears exactly as it does in your passport and we take no responsibility for names entered in any variation other than what is on your passport and in the same order. Your are responsible for ensuring that you meet the passport, visa, health requirements of the countries you wish to visit and those that you transit (even if it is for a plane change). Many countries require that your passport should be valid for a period of (a minimum) six months from the date of arrival into that country. We will not accept any responsibility if you should be denied boarding or deported due to non-fulfillment of the above. You must ensure your Australian passport has a validity of six months after your return date to Australia. In the event that you are travelling to a country or countries which do not require a visa for Australian passport holders, you must tell us if you have been arrested or convicted in respect of any offence or breach of law. Non disclosure of this information may lead to your being refused entry on arrival in certain countries. In that event, we take no responsibility whatsoever. If you do not wish to disclose such information to us, then you must contact the embassy of each country of destination and make your own arrangements in regard to entry to that country. You are responsible for meeting each country's documentation requirements current at the time of travel.
24. Flight reconfirmation
All onward and return flights must be reconfirmed with the relevant airline at least 72 hours prior to the commencement of that leg of the journey unless specifically informed otherwise by that airline. We also take no responsibility for any flight rescheduling en route.
25. Authority
In the event that an accident, disaster or emergency is reported to have occurred in a country where you will or may be travelling, you authorise us to disclose to the Australian Government Department of Foreign Affairs and Trade details of your itinerary (including without limitation, transport and accommodation arrangements) and your contact details within Australia and overseas.
26. Cancellations and amendments
The airline's policy on cancellations and amendments will be displayed on the booking page. If you need to change or cancel your flight, it is your responsibility to Contact Us as soon as possible. This enables us to attempt to cancel your reservation with the airline. Some tickets are non-refundable, but can be applied (for a limited time) toward future travel, less any applicable penalties. Some tickets do not allow changes. In the majority of cases airlines will charge a cancellation fee (in some instances this may be 100% of the fare). In addition we will charge a per person administration fee for cancelled flights as set out in our Fees Schedule.
27. The booking acknowledgement email sent to you by us is notification that the tour operator has received your request and is processing it. The availability of the holiday is checked on a regular basis; however we are unable to provide an instant availability confirmation. Please allow up to 48 hrs to confirm the availability of your holiday. We will email you as soon as we have a confirmation for you.
28. If your holiday booking is confirmed to be available:
If the holiday is not available:
29. If you wish to cancel your holiday booking you must Contact Us. We will contact the holiday operator on your behalf. As part of the terms of sale, holiday operators are not obligated to accept any cancellations and you may be charged a cancellation fee by the operator. This cancellation fee may vary between operators. We will also charge a cancellation fee per person as set out in our Fees Schedule. Once you have purchased a holiday, there may be a charge to effect other amendments if permitted by the holiday operator as set out in our Fees Schedule.
30. We are not the operator of any holiday program and we are not liable for any variances in quality from the information supplied to us by the holiday provider. It is your responsibility to understand the travel, room and bedding and meal arrangements that pertain to the holiday package prior to proceeding with the booking.
31. When you confirm holiday bookings directly with the accommodation supplier/wholesalers, particularly where overseas calls apply, this service can incur charges.
32. Australian gifts are for delivery to Australian addresses only. Some Australian gifts may be delivered to New Zealand at a surcharge. New Zealand gifts are for delivery to New Zealand addresses only. All gifts include delivery within Australia or New Zealand. All gifts unless otherwise stated will be sent using Australia Post. We are not responsible for the time it takes for the goods to be delivered or condition they arrive in. A signature may be required on delivery.
33. If goods received by you are faulty or damaged you may entitled to apply for an exchange credit or refund from the supplier subject to those goods being returned to the supplier in full. Purchases are non-exchangeable, non-refundable and non-transferable unless faulty or damaged. No refunds are available where incorrect quantities are ordered. These terms and conditions do not affect your statutory rights against the supplier.
34. Prices include GST unless otherwise stated.
lastminute.com.au Pty Limited 'Win A Luxury Weekend In Daylesford' Competition
The following Terms & Conditions apply for the lastminute.com.au Pty Limited 'Win A Luxury Weekend In Daylesford' game of skill competition. Information on how to enter and prizes form part of these conditions of entry. Entry into the competition is deemed acceptance of the terms and conditions.
METHOD OF ENTRY
To enter this competition, entrants answer in 25 words or less why they'd like to lead a double life in Daylesford. Entrants must also provide their full name, email address, phone number and address.
Entrants must also provide their full name, email address, phone number and address.
DURATION OF THE PROMOTION
The competition commences 9am Mon 1 Feb 2010 and closes midnight Sun 14 Mar 2010. Winners will be notified by email and phone at 10am on Mon 15 Mar 2010 and the winner's name and state will be published online at www.lastminute.com.au on Mon 15 Mar 2010.
NATURE AND VALUE OF THE PRIZE
One major prize winner will be selected from all entries received during the promotional period. The entrant who provides the answer to 'why you'd like to live a double life in Daylesford' that is deemed best by the Promoters will be declared the major prize winner. Please see below for prize details:
One (1) Major Prize -
* Return economy flights for two to Melbourne from the winner's nearest Australian capital city (void if the winner is from Victoria, Australia)
* Two nights accommodation for two at Peppers Springs Retreat
* A degustation dinner for two at the Lake House * Day Retreat Packages for two at Hepburn Bathhouse
* Three day car hire
Total value: up to $2,500.
PLACE, DATE & TIME OF DRAW
The draw will be conducted at lastminute.com.au Pty Limited, Suite 1002, Level 10, 17 York St, Sydney NSW 2000. One major prize winner will be selected at 9am on Mon 15 March 2010. Winners will be notified by phone and email on the day of the draw.
CONDITIONS OF ENTRY
By entering, you agree to receive further correspondence from lastminute.com.au.
One entry per person only.
Employees of lastminute.com.au Pty Limited, Tourism Victoria and other companies associated with this promotion and their families are ineligible to enter.
Entries are only valid for Australian residents.
Any change in the value of prizes between the publishing date and the date prizes are claimed is not the responsibility of the promoter.
No responsibility is accepted for late, lost or misdirected entries.
Any additional costs incurred by the winner, other than those which forms part of the prize, are the responsibility of the winner, including transfers, spending money, and any incidental, non room-only charges including but not limited to room service, telephone calls and internet usage.
The judge's decision in relation to all aspect of the competition is final and no correspondence will be entered into.
Prizes must be taken as offered. No modifications or exchanges will be possible and prizes are not transferable or redeemable for cash or kind.
The winner releases the Promoters from any and all causes of action, losses, liability, damage, expense (including legal expenses) cost or charge suffered, sustained or in any way incurred by the winner as a result of any loss or damage to any physical property of the winner, or any injury to or death of any person arising out of, or related to, or in any way connected to this competition.
The major prize will be arranged by the Promoter. Specific flight and accommodation details, namely airline, flight times and/or hotel, are at the discretion of the Promoter.
The winner must give at least 21 days notice of proposed commencement of travel. All travel must be completed no later than 31 May 2010.
The prize is subject to availability at the time of booking and, if any component of the prize is unavailable on the dates proposed by the winner, the Promoter will consult with the winner to determine alternative dates on which the prize will be booked.
Not valid on Public Holidays or during Victorian special event periods.
Once tickets have been arranged by the Promoter, changes to the travel or accommodation arrangements are at the expense of the winner.
All components of the prize must be taken together as a single trip to be booked by the Promoter. Any part of the prize that is not taken for any reason is forfeited.
Prize is not transferable.
The winning entry will be as per paragraph four (4) above.
NAME & ADDRESS OF PROMOTER
The Promoter is lastminute.com.au Pty Limited, Suite 1002, Level 10, 17 York St, Sydney NSW 2000. ABN: 34 091 825 142
lastminute.com.au Pty Limited "Win A Night of Luxury and Gorgeous Goodies!" Competition (Travel and Lifestyle Trends Survey 2010)
The following Terms & Conditions apply for the lastminute.com.au Pty Limited 'Win A Night of Luxury and Gorgeous Goodies' competition. Information on how to enter and prizes form part of these conditions of entry. Entry into the competition is deemed acceptance of the terms and conditions.
METHOD OF ENTRY
To enter this competition, entrants must complete the Travel and Lifestyle Trends Survey 2010, promoted through the lastminute.com.au newsletter, and then answer in 25 words or less 'How I try to live every last minute'. Entrants must also provide their full name, email address, phone number and address in the online form at the end of the Travel and Lifestyle Trends Survey 2010. By completing this information, entrants agree to be placed on the lastminute.com.au newsletter database to receive regular email updates.
DURATION OF THE PROMOTION
The competition commences 9am Wed 24 Feb 2010 and closes 11:59pm Fri 2nd April 2010. Winners will be notified by email and phone at noon on Tuesday 6th April 2010 and the winner's name and state will be published online at www.lastminute.com.au on Tuesday 6th April 2010. An unclaimed prize draw will take place at noon (AEST) on Tuesday 6th July 2010 at lastminute.com.au, Level 10, 17 York St, Sydney NSW 2000 should any winner of the main draw be uncontactable.
NATURE AND VALUE OF THE PRIZE
One major prize winner will be selected from all entries received during the promotional period. The entrant who provides the answer to 'How I try to live every last minute' that is deemed best and most creative by the Promoters will be declared the major prize winner. Please see below for prize details:
One (1) Major Prize -
• One night in a lastminute.com.au Secret Hotel® for 2 adults, in a capital city of the winner's choice within Australia valued at up to $200
• A Samantha Wills Aquarius Bangle Set valued at $120
• A bottle of Vera Wang Bouquet EDP 50ml valued at $130
• A copy of 'Coco Avant Chanel' DVD valued at $39.99
Total value: up to $500
PLACE, DATE & TIME OF DRAW
The draw will be conducted at lastminute.com.au Pty Limited, Suite 1002, Level 10, 17 York St, Sydney NSW 2000. One major prize winner will be selected at noon on Tues 6th April 2010. Winners will be notified by phone and email on the day of the draw.
CONDITIONS OF ENTRY
By entering, you agree to receive further correspondence from lastminute.com.au.
One entry per person only.
Employees of lastminute.com.au Pty Limited and other companies associated with this promotion and their families are ineligible to enter.
Entries are only valid for Australian residents.
The winner has 6 months to take up their prize of a night in a Secret Hotel®, and must select the date and Australian capital city for their night in a Secret Hotel® before 6th October 2010. The winner must provide at least 7 days' notice to the staff of lastminute.com.au to book their night in a Secret Hotel®, and the hotel itself will be selected and booked by the staff of lastminute.com.au.
Any change in the value of prizes between the publishing date and the date prizes are claimed is not the responsibility of the promoter.
No responsibility is accepted for late, lost or misdirected entries.
Any additional costs incurred by the winner, other than those which forms part of the prize, are the responsibility of the winner, including transfers, spending money, and any incidental, non room-only charges including but not limited to room service, telephone calls and internet usage.
The judge's decision in relation to all aspect of the competition is final and no correspondence will be entered into.
Prizes must be taken as offered. No modifications or exchanges will be possible and prizes are not transferable or redeemable for cash or kind.
The winner releases the Promoters from any and all causes of action, losses, liability, damage, expense (including legal expenses) cost or charge suffered, sustained or in any way incurred by the winner as a result of any loss or damage to any physical property of the winner, or any injury to or death of any person arising out of, or related to, or in any way connected to this competition.
The major prize will be arranged by the Promoter. Specific accommodation details and/or hotel, are at the discretion of the Promoter. The prize is subject to availability at the time of booking and, if any component of the prize is unavailable on the dates proposed by the winner, the Promoter will consult with the winner to determine alternative dates on which the prize will be booked. Once bookings have been arranged by the Promoter, changes to the accommodation arrangements are at the expense of the winner.
Any part of the prize that is not taken for any reason is forfeited.
Prize is not transferable.
The winning entry will be the entrant who provides the answer to 'How I try to live every last minute' that is deemed best and most creative by the Promoters.
In order for you to participate in this promotion the Promoter will collect your name, address, email address and phone number. The purpose for collecting this personal information is to enable the Promoter to administer the promotion. By entering this promotion you agree that the Promoters may use the aggregate information collected from the competition for related research and marketing purposes. Winners in this competition agree that their identity may be disclosed in winner announcements and promotional material. Subscription to our newsletter is governed by our Privacy Policy.
NAME & ADDRESS OF PROMOTER
The Promoter is lastminute.com.au Pty Limited, Suite 1002, Level 10, 17 York St, Sydney NSW 2000. ABN: 34 091 825 142.
See the lastminute.com.au Competition Winners
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