Terms Of Use
This website, LuxuryResortsThailand.com, is owned and operated by the Garrob Family Trust ABN 24 750 825 761. Your use of the services, information text, graphics and materials provided via or on the LuxuryResortsThailand.com website(“Material on this Website”) is governed by these Terms of Use and our Privacy Policy. By using this website you agree to be bound by these Terms of Use.In addition to the Terms of Use contained in this document, other terms or conditions may apply to your use of the LuxuryResortsThailand.com website, parts of the LuxuryResortsThailand.com website, or to products and services offered or acquired via the LuxuryResortsThailand.com website. You will be bound by these additional terms or conditions, as applicable.
B. Privacy
Your privacy is very important to LuxuryResortsThailand.com. Please read our Privacy Policy for details on how we collect and handle your personal information.
C. Links To Other Websites
The LuxuryResortsThailand.com website may contain links to third party websites. LuxuryResortsThailand.com does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, LuxuryResortsThailand.com makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.
D. Standard Supplier Terms & Conditions
1. All products and services acquired by you via the LuxuryResortsThailand.com website are subject to these Terms of Use and the terms and conditions of supply issued by the relevant product or service provider or supplier. All tickets, vouchers and reservations are issued or made subject to the terms and conditions of the relevant product or service provider or supplier.
2. All applications for accommodation and travel or for other products or services made via the LuxuryResortsThailand.com website are subject to and must comply with LuxuryResortsThailand.com’s normal approval criteria, and any further conditions notified by LuxuryResortsThailand.com to you from time to time or on the LuxuryResortsThailand.com website.
E. LuxuryResortsThailand.com Product Information and Acquisition of Products and Services
1. The LuxuryResortsThailand.com website contains both information of a general nature about LuxuryResortsThailand.com and LuxuryResortsThailand.com’s products and services, and also enables you to purchase and pay for certain travel or other related products and services online.
2. Where the LuxuryResortsThailand.com website enables you to purchase travel products or services online:
a. we may enter into a binding contract for the provision of travel or other related products or services through a process in which LuxuryResortsThailand.com makes an electronic offer via the LuxuryResortsThailand.com website and you electronically communicate your acceptance of that offer via the LuxuryResortsThailand.com website;
b. LuxuryResortsThailand.com may act on and process all completed electronic instructions, messages, requests or communications issued or transmitted to LuxuryResortsThailand.com via the LuxuryResortsThailand.com website (each an “Electronic Instruction”) without further confirmation from or reference to you; and
c. LuxuryResortsThailand.com may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instruction, or to verify the accuracy and completeness of such Electronic Instruction.
3. In order to acquire travel products and services via the LuxuryResortsThailand.com, you must be at least 18 years of age.
4. You must be the credit card holder for any travel products and services which you attempt to acquire via the LuxuryResortsThailand.com website.
5. Creating a binding contract with LuxuryResortsThailand.com via the LuxuryResortsThailand.com website is a two step process:
6. The first step is to create or compile an itinerary or schedule containing the products or services you wish to acquire. Upon completion or selection by you of all required products and\or services, the LuxuryResortsThailand.com website may provide you with a quote and availability guide for the products and services selected.
7. If you wish to acquire the travel products or services selected then, upon completion by you of all required details, you must accept the quote and a binding agreement will be created, with a corresponding LuxuryResortsThailand.com booking number assigned.
8. When entering into a contract via the LuxuryResortsThailand.com website, you will be taken to have communicated your acceptance to an offer from LuxuryResortsThailand.com only when:
a. the Electronic Instruction containing the acceptance from you enters and is recorded in the relevant LuxuryResortsThailand.com database;
b. a record is created and stored in the relevant LuxuryResortsThailand.com database; and
c. a LuxuryResortsThailand.com booking number is generated by the LuxuryResortsThailand.com database.
9. The parties will not be bound by the terms of a contract created via the LuxuryResortsThailand.com website until the Electronic Instruction containing the acceptance from you to LuxuryResortsThailand.com’s offer has been received by LuxuryResortsThailand.com in the manner specified in this clause.
10. You acknowledge that the transmission of your acceptance through an Electronic Instruction may not be received by LuxuryResortsThailand.com in accordance with this clause for reasons beyond either parties’ reasonable control including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, LuxuryResortsThailand.com is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the LuxuryResortsThailand.com website or any failure to receive an Electronic Instruction for whatever reason.
11. Where a transaction is entered into between LuxuryResortsThailand.com and you via the LuxuryResortsThailand.com website, a booking number will be issued by LuxuryResortsThailand.com. However, a binding agreement between us is not conditional on the issuance or receipt by you of a booking number. Therefore, the failure by you to receive a booking number via the LuxuryResortsThailand.com website does not invalidate or otherwise prejudice the existence of a contract or transaction entered into using the LuxuryResortsThailand.com website.
12. LuxuryResortsThailand.com may issue a paper confirmation of the products or services acquired by you. The existence of a binding contract is not conditional on LuxuryResortsThailand.com issuing, or you receiving, a paper confirmation of the transaction.
13. You are responsible for ensuring that you receive a booking number and should contact LuxuryResortsThailand.com if one is not received.
F. Information, Features, Packages, & Programs
1. The LuxuryResortsThailand.com website may contain or make available various tools, packages, software programs, fare-finders, games or other features. The LuxuryResortsThailand.com website may also contain helpful hints, travel tips, travel advice, or other information or material.
2. Whilst LuxuryResortsThailand.com has made every effort to ensure that any such features or information as described in (1) above are accurate and free from defect, LuxuryResortsThailand.com does not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an “as is” basis. The use by you of any of these features or any information provided by LuxuryResortsThailand.com is entirely at your own risk.
G. Payments
1. All payments for any travel or related products or services acquired via the LuxuryResortsThailand.com website must be made in full by clear funds before the booking will be accepted, processed and acted on by LuxuryResortsThailand.com.
2. Unless provided for otherwise, all payments referred to in (1) above are to be made by credit card issued in your name (Visa or MasterCard). You must therefore provide LuxuryResortsThailand.com with all required credit card details. LuxuryResortsThailand.com may securely store your credit card number for security and verification purposes, or as part of your profile if you request LuxuryResortsThailand.com to do so.
H. Prices and Invoice Errors
1. LuxuryResortsThailand.com endeavours to ensure that all prices listed on the LuxuryResortsThailand.com website are accurate and up-to-date. However, due to increases in supplier rates, LuxuryResortsThailand.com reserves the right, up to and including the date of departure, to adjust any fees, charges or prices as necessary, even if the products or services acquired have been paid for in full, to reflect such cost increases passed onto LuxuryResortsThailand.com.
2. LuxuryResortsThailand.com reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the products or services acquired have been paid for in full.
I. Cancellation Charges and Alterations
LuxuryResortsThailand.com reserves the right to charge you a $55 fee for each alteration or variation to a travel product or service once that product or service has been booked.
J. Refunds For Unused Services
LuxuryResortsThailand.com will not issue you with a refund for any tours, meals, sightseeing vouchers, coupons, transfers, pre-paid accommodation, theatre tickets or other tour services which are not used or utilised for any reason, including for reasons beyond your control such as illness, strikes or acts of God.
K. Lost or Destroyed Documents
Unless agreed otherwise, any lost or destroyed tickets, vouchers, coupons or travel documents can not be replaced or refunded.
L. Variation to Product or Services
Due to reasons beyond LuxuryResortsThailand.com’s control, LuxuryResortsThailand.com may be forced to amend or alter a travel and/or accommodation reservation or booking, even if the products or services affected have been confirmed by LuxuryResortsThailand.com or paid in full LuxuryResortsThailand.com will notify you as soon as practicable after LuxuryResortsThailand.com becomes aware of the need for an amendment or alteration to your travel and/or accommodation reservation or booking and will propose alternate products, services or arrangements which are of the same standard as those originally booked. You must, as soon as possible after such notification by LuxuryResortsThailand.com, elect to either:
1. accept LuxuryResortsThailand.com’s proposed alternate products, services or arrangements; or
2. receive a refund of all monies paid to LuxuryResortsThailand.com for the affected products or services, except for any amount which is withheld by a product or service provider other than LuxuryResortsThailand.com.
Failure to notify LuxuryResortsThailand.com of your election within a reasonable time frame will be taken as an acceptance of LuxuryResortsThailand.com’s proposed alternate products, services or arrangements.
M. Warranties
Whilst every effort has been made to ensure that information is free from error, LuxuryResortsThailand.com does not warrant the accuracy, adequacy or completeness of Material on this Website. All information is subject to change without notice. LuxuryResortsThailand.com does not guarantee that LuxuryResortsThailand.com website or any third party websites will be free from viruses, or that access to the LuxuryResortsThailand.com website will be uninterrupted. All terms implied by law, except those which can not be lawfully excluded, are excluded.
N. Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, LuxuryResortsThailand.com, and its trustees, directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the services provided by LuxuryResortsThailand.com through the LuxuryResortsThailand.com website, any Material on this Website, any third party material, or from access to the LuxuryResortsThailand.com website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
The liability of LuxuryResortsThailand.com for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the extent possible and at LuxuryResortsThailand.com’s option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
O. Indemnity
You indemnify and hold harmless LuxuryResortsThailand.com in respect of all liability incurred by LuxuryResortsThailand.com for any loss, damage, cost or expense, howsoever caused, suffered or incurred by LuxuryResortsThailand.com as a result of your breach of these Website Terms of Use, or your use of the LuxuryResortsThailand.com website or any Material on this Website.
P. Availability of the LuxuryResortsThailand.com website
1. As electronic services are subject to interruption or breakdown, access to the LuxuryResortsThailand.com website is offered on an “as is” and “as available” basis only.
2. You are responsible for ensuring that you have alternate contingency plans in place to enable you to conduct travel or other transactions by other means should the LuxuryResortsThailand.com website be unavailable.
3. LuxuryResortsThailand.com may impose limits or restrictions on the use you may make of the LuxuryResortsThailand.com website. LuxuryResortsThailand.com may withdraw the LuxuryResortsThailand.com website at any time and without notice to you.
Q. Trade Marks and Copyright
1. Copyright in the Material on this Website is owned or licensed by LuxuryResortsThailand.com.
2. Except where necessary for and incidental to viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of LuxuryResortsThailand.com.
3. Third party trade marks are trade marks of the respective third parties.
R. Use of the LuxuryResortsThailand.com website
You must not:
1. use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the LuxuryResortsThailand.com website, or any of the content contained within, without LuxuryResortsThailand.com’s prior written permission;
2. use any device, software or routine to interfere or attempt to interfere with the proper working of the LuxuryResortsThailand.com website or any transaction or process being conducted on or through it;
3. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the LuxuryResortsThailand.com website; or
4. reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the LuxuryResortsThailand.com website.
S. Termination
These Terms of Use and your access to the LuxuryResortsThailand.com website may be terminated at any time by LuxuryResortsThailand.com without notice to you. All restrictions, indemnities and licences granted by you, and all disclaimers and limitations of liability by LuxuryResortsThailand.com, will survive termination. However, upon termination, you will no longer be authorised to access the LuxuryResortsThailand.com website.
T. Acceptance to Terms of Use
You acknowledge and accept that your use of the LuxuryResortsThailand.com website indicates your acceptance of these Terms of Use and the Privacy Policy.
U. Changes to Terms of Use
1. These are the current Terms of Use. They replace any prior Terms of Use for the LuxuryResortsThailand.com website published on the LuxuryResortsThailand.com website to date.
2. LuxuryResortsThailand.com may at any time vary the Terms of Use by publishing the varied Terms of Use on the LuxuryResortsThailand.com website. LuxuryResortsThailand.com is under no obligation to specifically notify you of any variation to these Terms of Use. You accept that by publishing the varied Terms of Use on the LuxuryResortsThailand.com website, that LuxuryResortsThailand.com has provided you with sufficient notice of the variation. By your use of the LuxuryResortsThailand.com website after any variation, you are taken to have accepted and assented to the new Terms of Use.
V. General
1. All prices listed on the LuxuryResortsThailand.com website are in Australian dollars, unless otherwise indicated.
2. This agreement, the LuxuryResortsThailand.com website, and the acquisition of products and services via the LuxuryResortsThailand.com website, are governed by the laws of Queensland, Australia.
3. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them, for determining any dispute concerning this agreement, the LuxuryResortsThailand.com website, or the acquisition of products and services via the LuxuryResortsThailand.com website.
4. You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
5. Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
U. Linking to LuxuryResortsThailand.com
Please contact us if you would like to link to any part of the LuxuryResortsThailand.com website.
