Website & Booking Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Airliebeach.com’s relationship with you in relation to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Airliebeach.com and “You” and “Your” refers to you, the client, website user or person using our website.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Airliebeach.com’s rights and obligations to each other.

Limitation of Liability

It is an essential pre-condition to you using our website that you agree and accept that Airliebeach.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Airliebeach.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.

Links To Other Websites

Airliebeach.com may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Airliebeach.com and the owners of those websites. Airliebeach.com takes no responsibility for any of the content found on the linked websites. Airliebeach.com’s website may contain information provided by third parties for which Airliebeach.com accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Disclaimer

To the fullest extent permitted by law, Airliebeach.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Airliebeach.com gives no warranty that the documents will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Airliebeach.com to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website. It is your responsibility to do so.

Your Privacy

At Airliebeach.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Airliebeach.com respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Airliebeach.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Airliebeach.com collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties

Airliebeach.com does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

Disclose Your Information

Airliebeach.com may be required, in certain circumstances, to disclose information in good faith and where Airliebeach.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Airliebeach.com, its customers or third parties.

Exclusion of Competitors

If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Airliebeach.com. Airliebeach.com expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Airliebeach.com will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Airliebeach.com reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

Copyright, Trademark and Restrictions of use

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that you may download from time to time on this website.

Airliebeach.com expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These terms and conditions represent the whole agreement between you and Airliebeach.com concerning your use and access to Airliebeach.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and Airliebeach.com that results in litigation then you must submit to the jurisdiction of the courts of QLD.

AirlieBeach.com Booking Terms and Conditions

“supplier” means any tour operator or other supplier of the services “you” means the guest booking and person named on this reservation booking “we”, “our” means The Whitsundays Central Reservations Centre and A.J.LAURENT PTY LTD These terms and conditions apply to all bookings made through The Whitsundays Central Reservations Centre. Placing a booking with The Whitsundays Central Reservations Centre and paying a deposit constitute acceptance of these terms and conditions.

Booking Conditions

For bookings made more than 30 days prior to travel, a 25% deposit is due to secure your booking with the balance due 30 days prior to travel. For bookings made within 30 days of travel, the full payment is due immediately to secure your booking. If we do not receive your full payment within 30 days of your travel date and you do not contact us to cancel, your deposit is forfeited and your booking may be automatically cancelled by us, the supplier or both.

Payments

Prices are quoted in Australian dollars, inclusive of GST, and all payments must be made in Australian dollars. Your reservation will only be confirmed when funds have been received and are cleared. The Whitsundays Central Reservations Centre is not responsible for delays in postal delivery, bank or payment system processing. It is your responsibility to ensure that payments are received within the times specified. If the deposit or final payment is not received by the due date, The Whitsundays Central Reservations Centre has the right cancel the booking. If your final payment is not paid by the due date and in any event within 30 days of your departure, we have the right to cancel your booking and retain the deposit in full without any reimbursement to cover our costs and those of any supplier.

Cancellations and Amendments to Bookings

If you wish to cancel or amend any booking made you need to contact us in writing. You can only cancel or amend a confirmed booking by contacting us directly. If you do not contact us to cancel prior to your booking departure date, you may forfeit your deposit and further costs.

Cancellation Charges and Amendment Fees

Any cancellation or amendment made more than 30 days before travel will incur an administration fee of 25% of the total booking fee. All cancellations or amendments made within 30 days of your travel date departure will incur both an administration fee of 25% in addition to the individual supplier’s fees. Any changes requested to your booking, including but not limited to dates, are subject to availability and if they are not available, you may be required to cancel and agree to the cancellation terms. IMPORTANT NOTE: Some services and activities may not permit any refund for certain bookings. You should check with the individual supplier or The Whitsundays Central Reservations Centre prior to paying for your booking to confirm any special non-refundable conditions.

Travel Insurance

We recommend that you take out travel insurance to cover your reservation, and valuable items (e.g. cameras). Your travel insurance policy should include coverage to protect against unforeseen and last-minute cancellations or medical conditions that may prevent travel and also to cover any medical emergencies during travel at minimum.

Supplier Tours and Services Changes

In the unlikely case of a vessel break down, maintenance or unavailability, the supplier will supply an alternate vessel of a similar standard and quality. Itineraries may be affected by elements beyond our and the supplier’s control such as wind, tide, rain, storm or other weather conditions which make travel dangerous and require a delay or cancellation. It is the skipper's requirement to ensure passenger safety at all times and may use his/her professional judgment in any manner to keep his/her guests and crew safe. In the instance of such delay or cancellation, alternative options will be provided by the supplier. In the event a cancellation or delay occurs and your tour or service is cancelled and rescheduled, you will receive a full refund if you are unable to rebook your tour or service.

Liability

You are using these services and taking any tours at your own risk. We are not responsible for any loss or damage, including direct, indirect or consequential loss you may suffer as a result of your reservation, booking or anything related to your tour or services provided by any supplier. You need to ensure you are medically sound, fit and physically able to use the services. We are not liable for the event that you are refused access to any services or tours due to your medical, physical or other reasons, including intoxication. Any such claims should be addressed to the suppliers directly. You should note that sailing can be a dangerous activity and while crews will make every effort to ensure your safety, they cannot be accountable for actions or injury to you that may be ‘beyond their control’. Every effort is make to ensure your safety and you may be required to complete a pre departure questionnaire, and sign a travel agreement waiver during the check-in process of your tour with the supplier directly. We are not affiliated with nor responsible for our suppliers in any way other than as intermediary to arrange their services on you and their behalf. If you have any issues, injury, suffer any loss or damage, you need to take it up with the supplier directly. If we are obligated to cancel your travel arrangements for any reason, the liability of will be limited to a refund of all monies paid by you.

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