PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND THE PRIVACY STATEMENT.
Welcome to Travelzoo® (the "Site"), provided by Travelzoo Local (Australia) Pty Limited (ABN 74 147 365 455), a wholly-owned subsidiary of Travelzoo (Asia) Ltd ("Travelzoo"). These Terms and Conditions may be changed in the future without further notice to you. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these Terms and Conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Travelzoo for products, services or otherwise.
Travelzoo believes strongly in protecting user privacy. Therefore, Travelzoo is a licensee of the TRUSTe Privacy Program and has adopted a Privacy Statement. Users of this Site should refer to our Privacy Statement for information about how Travelzoo collects, uses and discloses personal information.
All Site materials, including, without limitation, the Travelzoo logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2010 Travelzoo Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Travelzoo or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial and informational use only, provided that you may not, without the permission of Travelzoo or the respective copyright owner: (a) copy, publish or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Travelzoo, the Travelzoo logo and the products and services described in this Site, including without limitation Travelzoo and Travelzoo Top 20® are either trade marks or registered trade marks of Travelzoo and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travelzoo. In addition, all page headers, custom graphics, button icons and scripts are service marks, trade marks and/or trade dress of Travelzoo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travelzoo. All other trade marks, registered trade marks, product names and company names or logos mentioned herein are the property of their respective owners.
Materials and third party logos, brands and trade names displayed on the Site are either the property of, or used with permission by, Travelzoo. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site or specific permission is obtained from the third party owners. Any unauthorised use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.
Travelzoo grants you a limited licence to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or licence by implication, estoppel or otherwise in or under any patent, trade mark, copyright or proprietary right of Travelzoo or any third party. The right to use the Site is personal to you and is not transferable to any other person or entity.
You may not use, frame or utilise framing techniques to enclose any Travelzoo trade mark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Travelzoo's express written consent. Further, you may not use any meta tags or any other "hidden text" utilising a Travelzoo name, trade mark or product name without Travelzoo's express written consent. You acknowledge that, although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of Travelzoo, and Travelzoo shall not be responsible for any data lost while transmitting information on the Internet. In spite of Travelzoo’s efforts to keep the Site accessible continuously, the Site may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Travelzoo, access to the Site may be interrupted, suspended or terminated from time to time.
You are granted a limited, non-exclusive right to create a hyperlink to the homepage of this Site provided such link does not portray Travelzoo or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Travelzoo logo or other proprietary graphic or trade mark of Travelzoo to link to this Site without the express written permission of Travelzoo. This limited right may be revoked at any time.
Travelzoo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Travelzoo and Travelzoo is not responsible for the content of any linked site or any link contained in a linked site, or any review, change or update to such sites. Travelzoo is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Travelzoo of the site, the owner/sponsor of the site, or any content or information contained therein. When leaving this Site, you should be aware that Travelzoo's terms and policies no longer apply and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that external site. To the extent permitted by law, Travelzoo disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such external sites.
It is Travelzoo's policy to respect the copyright and intellectual property rights of others.
If you believe that Travelzoo or any user of our Site has infringed your copyright in any material way, please notify Travelzoo's Copyright Agent, and provide the following information:
Travelzoo's Copyright Agent is Brad Gurrie , who can be reached by mail at Level 2, 19 Pitt Street, Sydney, 2000 Australia.
Travelzoo complies with the Spam Act 2003 (Cth). You will only receive electronic communications from Travelzoo if you have registered to receive such communications or have otherwise consented to receiving commercial electronic messages from Travelzoo in accordance with the Spam Act 2003 (Cth). All Travelzoo communications contain an unsubscribe option.
Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
In using this Site, you agree not to:
In order to access certain parts of this Site, you may be required to register a user or member account with a log in name and password. In order to register a user account in the manner required, you must provide all information requested, including your full name, residential address, contact phone number and current and valid email address. Incomplete, ineligible or incomprehensible user account registrations will be deemed invalid.
You agree that you are solely responsible for actions and communications undertaken or transmitted under your user account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Site.
We recommend you use a pen name or pseudonym as your login name (rather than your real name) for security purposes. You will not be able to access certain parts of this Site (such as “Local Deals”) unless you have registered a user account in the manner required. You must log in to your user account in the manner required each time you wish to access the relevant part of the Site.
You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password.
You agree to:
We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
We reserve the right to refuse requests to register user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user login names which are the same as or similar to existing user log in names or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and user names which infringe copyright, contain brand names, company names or registered trade marks, contain names of high profile or public figures or names promoting political, religious, social or economic issues. In creating your user account, you must not intentionally use the name of another living person.
We will not accept any request to register a user account that we suspect is being made by or on behalf of a person who has been suspended from the site for breach of these Terms and Conditions or has been suspended as a user of another website for vexatious, illegal or inappropriate use of the website.
From time to time Travelzoo may offer "Local Deals" through the Site. Local Deals provide users with the opportunity to purchase products and experiences with a time limited promotional value-add from third party merchants. For the terms and conditions applicable to Local Deals please click here.
Any order placed by you on the Site (such as an order for a “Local Deal”) or on a third party linked website is an offer by you to purchase the particular product or service specified. Travelzoo and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the Site, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service, including advertising terms & conditions.
Payment can be made by the credit and debit cards detailed on the Site. Travelzoo reserves the right to charge you in addition for any handling fees it incurs in relation to purchases made by credit or debit card. You will be notified of the relevant charges at the time of booking. Credit and debit card fees are non-refundable in the event of cancellation or return.
If your booking is being paid for with a third party credit or debit card we may require written authorisation to be provided by the card-holder. Further, in an effort to minimise the effects of credit card fraud, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before issuing any product or service. Travelzoo is not responsible for any costs incurred as a result of these checks.
You agree to indemnify and hold harmless Travelzoo from any claim, action, demand, loss or damages (including legal costs on a solicitor and own client basis and whether incurred by or awarded against Travelzoo) directly or indirectly made or incurred by any third party arising out of or relating to your conduct, your breach of these Terms and Conditions, or your breach of any rights of a third party as a result of your conduct or breach of these Terms and Conditions.
You agree that any material, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Travelzoo, or postings on this Site or otherwise, are non-confidential and shall become the sole property of Travelzoo. Travelzoo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Anything you transmit may be used by Travelzoo or its affiliates or partners for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. The submission of any material to Travelzoo, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of authorship, false attribution and integrity.
Although Travelzoo may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like that may be included from time to time on the Site, Travelzoo is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the Site, you agree that you shall indemnify, and keep indemnified, Travelzoo from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Travelzoo arising out of any claim or action that results from your accessing and use of the Site or in connection with any breach by you of these Terms and Conditions.
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVELZOO AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TRAVELZOO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
STATUTORY WARRANTIES THAT ARE IMPLIED UNDER DIVISION 2 PART V TRADE PRACTICES ACT 1974 (CTH) ARE NOT EXCLUDED IF GOODS ARE OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT TRAVELZOO DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE AND THAT TRAVELZOO ACTS AS AGENT AND NOT PRINCIPAL IN RESPECT OF SUCH PRODUCTS AND SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, TRAVELZOO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
TRAVELZOO DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TRAVELZOO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY TRAVELZOO VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES TRAVELZOO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TRAVELZOO OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
TRAVELZOO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NON-DELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF TRAVELZOO, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
TRAVELZOO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE (INCLUDING ACCESSING HYPERLINKS) OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.
TRAVELZOO DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
TRAVELZOO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON TRAVELZOO SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS AND VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO TRAVELZOO AND TRAVELZOO HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
TO THE EXTENT PERMITTED BY LAW, TRAVELZOO, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TRAVELZOO OR RELATED SERVICES EXCLUDE (AND TO THE EXTENT THAT EVERY EXCLUSION IS PROHIBITED, LIMIT TO THE MAXIMUM ALLOWABLE EXTENT AT LAW) ANY AND ALL LOSS AND INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE TRAVELZOO, THE SITE, OR ANY CONTENT OR SERVICES PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TRAVELZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT SUCH LIABILITY CANNOT BE EXCLUDED, TRAVELZOO LIMITS ITS LIABILITY TO, AT ITS OPTION: IN THE CASE OF GOODS: (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (II) THE REPAIR OF SUCH GOODS; (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (IV) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND IN THE CASE OF SERVICES: (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia and the courts of New South Wales shall have exclusive jurisdiction with respect to any disputes related to these Terms and Conditions save and except that, in the event any such dispute is a matter with respect to which the Federal Court of Australia has exclusive jurisdiction, proceedings shall be brought in the New South Wales District Registry of that Court. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.
Notwithstanding any of these Terms and Conditions, Travelzoo reserves the right, without notice and in its sole discretion, to terminate your licence to use this Site, and to block or prevent your access to and use of this Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. In the event any provision of these Terms and Conditions is struck out in such manner, the liability of Travelzoo in respect of the Site shall be excluded to the fullest extent permitted by law.