2.1 You agree that when accessing the Site you will not data scrape the Site either manually or by use of a web spider, web robot or any other web crawling or other technology.

2.2 You must not introduce to this Site any viruses, bugs, defects, corrupting programs, Trojan horses or other material that may be technologically harmful or malicious.

2.3 You must not use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site.

2.4 You must not attempt to obtain unauthorised access to any part of the Site, or to our servers or any hardware supporting the Site.

2.5 You must not attempt to:

2.6 You must not use this Site for any illegal purpose. Without limitation you must not:

2.7 Details of offences committed by Site users under Australian law may be reported to the relevant law enforcement authorities.

2.8 You must comply with any acceptable use policy we publish on this Site.

3.1 All information provided by us on this Site, via a subscription service, or in respect of any Booking is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.

3.2 We do not make any representations, or provide any warranties, that any information we provide is reliable, up to date, accurate, complete or suitable for any particular purpose.

3.3 You use and rely on any information provided on this Site, or that we otherwise provide in respect of any Booking, at your own risk.

4.1 Access to certain services on the Site, such as a subscription service, may require registration. You must ensure that the details you provide us upon registration or at any time are complete and accurate, and you must inform us immediately of any changes to the details you provided when registering.

4.2 You may not create an account for any person other than yourself. You must not create a false identity or misrepresent an affiliation with another person or entity.

4.3 You may not create an account unless you are at least 18 years of age.

4.4 When you register for an account, you may be asked to create a password. You will be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer or device to prevent unauthorised access to your account. You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner. You are responsible for all activities that occur under your account.

4.5 We reserve the right to suspend or terminate your access to an account, subscription service, or this Site at any time, for any reason, without prior notification.

4.6 If you wish to terminate a subscription, please email doug@travelearth.com. We will use our best endeavours to effect the termination within a reasonable period of time after having received your termination request.

5.1 Copyright, trade marks and other Intellectual Property Rights subsisting in or in relation to the Site (including text, graphics, photographs, logos, designs and software) are owned or licensed by us.

5.2 You are granted a non exclusive licence to access, view, download and print the content of this Site for personal use only. Subject to the grant of this licence, your use of the Site grants you no rights in relation to our Intellectual Property Rights or the Intellectual Property Rights of any third parties. All such rights not expressly granted are reserved.

5.3 Subject to the non exclusive licence expressly granted to you under these Website Terms of Use and the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you must not without our written permission:

5.4 You agree that you will not change or delete any Intellectual Property Rights ownership notices from any materials downloaded from this Site.

6.1 If you submit or post any reviews, comments, feedback, ideas, suggestions, content or materials on this Site or on any of our social media pages (collectively “Contributions”) you must comply with the following Contributions standards.

6.2 Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with all applicable laws.

6.3 Contributions must not:

6.4 Any Contributions will be and will remain our property. By making a Contribution you assign to us all worldwide rights, title and interest in all Intellectual Property Rights in your Contributions. We will own exclusively all rights, title and interest in any Contributions and will not be limited in any way as to the use, commercial or otherwise, of any Contributions. If requested by us at any time you will sign all documents required to effect, perfect or register the Intellectual Property Rights assignment referred to in this clause.

7.1 You acknowledge and agree that you make any Contributions, and transmit any information (including credit card details) via this Site, at your sole risk. No data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us.

8.1 You may not produce links to this Site (whether by hypertext linking, deep linking, framing, toggling or otherwise) without our written consent.

8.2 If you do create a link to this Site (whether with our consent or in breach of these Website Terms of Use), you do so at your own risk. The exclusions, disclaimers, limitations and indemnities set out in these Website Terms of Use will apply to your linking to our Site and the consequences and actions resulting from the linking.

8.3 This Site and related content may contain links to third party websites (“Linked Websites”). We take no responsibility for the content or privacy practices of any Linked Websites. We do not control or guarantee the accuracy, relevance, timeliness or completion of any information on Linked Websites. We provide no warranties or guarantees in relation to the accessibility, function or security of any Linked Websites. The inclusion of any link does not imply reliability and endorsement by use of the content of any Linked Websites or any third party’s goods or services. Your access and use of any Linked Websites is solely at your own risk. You release us from any and all liability arising from your access or use of any Linked Website.

9.1 Access to and use of this Site is at the user’s own risk.

9.2 We do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We do not represent or warrant that the Site will be error free or free from viruses, faults, defects or other harmful elements or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through the Site by any party. It is recommended that you take all appropriate safeguards (such as installing appropriate anti virus software and firewalls) before downloading any content from this Site.

9.3 We do not warrant or represent that your access to the Site will be uninterrupted, timely or secure.

9.4 To the maximum extent permitted by law, neither we, nor any of our Associates, will be liable for any direct or Consequential Loss resulting from your access to the Site or any action taken or reliance by you on any information provided on this Site or in respect of any Booking (including through negligence).

9.5 If the Australian Consumer Law or any other law implies a guarantee, condition or warranty into these Website Terms of Use which cannot be excluded by law, our liability for any breach of such guarantee, condition or warranty will be, to the maximum extent permitted, either limited to the replacement or supply of equivalent goods or services, or the payment of the cost of having the goods or services re supplied.

9.6 Nothing in these Website Terms of Use excludes any liability under the Australian Consumer Law, or any other applicable consumer law, that cannot be excluded by law.

10.1 You must continually indemnify us and our Associates, jointly and severally, against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) suffered or incurred as a direct or indirect result of your breach of these Website Terms of Use, your use of or access to the Site, your breach of any third party’s Intellectual Property Rights or any wilful, unlawful or negligent act or omission by you.

11.1 We may suspend or terminate your access to the Site at any time for any reason without providing prior notice to you, including without limitation as a result of any suspected breach by you of these Website Terms of Use or during any technical failure, modification or maintenance affecting the Site.

11.2 Without notice to you we may remove, amend or alter any material, data or Contributions on the Site for any reason.

12.1 We may vary these Website Terms of Use at any time by publishing the varied Website Terms of Use on this Site. By continuing to access or use this Site, you accept these Website Terms of Use as varied from time to time.

13.1 These Website Terms of Use are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, and courts entitled to hear appeals from the courts of Queensland, Australia.

13.2 The Site is managed from Queensland, Australia. We make no representations that the content and materials on the Site are appropriate for use in other locations.

13.3 Any provision in these Website Terms of Use that is illegal, void or unenforceable in a jurisdiction will as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, without invalidating the remaining provisions of these Website Terms of Use or affecting the validity or enforceability of that provision in another jurisdiction.

13.4 If we waive any rights we have under these Website Terms of Use as a result of your breach, it will not operate as a waiver of any future breaches.

2.1 By using our services, you agree to be bound by these Booking Terms and Conditions. If you use our services on behalf of any entity or person you warrant and represent that you have the authority to bind that entity or person to these Booking Terms and Conditions and agree that you bind both you and that entity or person separately and jointly to these Booking Terms and Conditions.

3.1 You understand that the services which we provide are booking services only. We do not provide any Travel Products whatsoever and any Travel Products that you acquire, access or use pursuant to a Booking are delivered by independent third parties.

3.2 We may match you to suitable Travel Products based on information which you provide to us. By making such matches we are not endorsing or guaranteeing the Travel Products or the third party provider of the Travel Products. You are responsible for satisfying yourself of the suitability of any Travel Products, including any terms and conditions relating to the Travel Product, prior to instructing us to proceed with a Booking.

3.3 All agreements, contracts for, and provision of, Travel Products are with or through one or more independent third parties and you disclaim any claim against us for Travel Products to the extent permitted by law and acknowledge that your only claim and recourse is against the independent third party that provided or purported to provide Travel Product/s, including if these were facilitated through the use of our services. If you are not satisfied with any aspect of a Travel Product, you must take this up directly with the third party provider.

3.4 You agree that you assume all risks in proceeding with the Booking notwithstanding any services provided by us. We are not responsible for any defects or delays in the provision of any Travel Products.

3.5 You must seek any refunds directly from the third party that provides the relevant Travel Products. If you do receive a refund from the third party, we are not required to refund to you any agency fees or commissions paid to us by the third party with respect to the relevant Booking.

3.6 We are not liable for any incorrect or incomplete information provided to us by third parties and communicated to you with respect to any third party Travel Products.

3.7 If you contact the third party provider of any Travel Products directly to make any changes or to seek information, we have no liability to you in respect of the same.

4.1 You are responsible for the accuracy of any information provided to us for the purpose of making a Booking. Some Travel Product providers may refuse to supply the Travel Product where there are inaccuracies in the information. In such a case, we are not liable for any loss or damage arising from the inaccuracy or the Travel Product provider’s enforcement of policies.

4.2 The Travel Products may be subject to availability, weather, or other matters outside of our control. A Travel Product may be withdrawn, discontinued or materially changed by the provider of the Travel Product at any time and without notice, in accordance with the Travel Product provider’s policies.

4.3 You are responsible for contacting the Travel Product provider or our office prior to your Booking dates to ensure that you are aware of any changes to the Travel Product. A failure to notify yourself of any changes to the Travel Product may result in an unintentional forfeiture of the Travel Product or the incurrence of additional fees.

4.4 If we are made aware of any change in the Travel Product by the Travel Product provider, we will endeavour to notify you of such a change within a reasonable time. Your ability to cancel a booking or request a refund following notice of a change will be subject to the Travel Product provider’s policies.

4.5 You must pay all Booking fees that we advise you are payable with respect to a Booking (“Booking Fees”) when we advise you they are due. The third party provider of Travel Products may bring forward dates for payment, and prices for Travel Products are not guaranteed until payment has been made in full and processed by the third party provider. The price of your Travel Product may also change at any time up to your departure if any new surcharges, fees or taxes are introduced, or if any existing surcharges, fees or taxes are varied, even if you have paid all or part of the quoted price for the Travel Product.

4.6 We will process the Booking Fees for Travel Product/s on behalf of the Travel Product provider. You acknowledge that the Booking Fees may include a portion entitled “agency fee” or a “commission” in addition to the fees payable for the Travel Product.

4.7 You acknowledge and agree that we are entitled to the agency fee or commission once a Booking Confirmation has been issued. The agency fee and commission portion of the Booking Fee is non refundable. A refund of any amounts processed by us on behalf of the Travel Product provider will be subject to the Travel Product provider’s policies.

4.8 Travel Product providers may charge additional fees after a Booking Confirmation for any reason, including if you seek to amend the terms of your Booking. You will be responsible for all additional fees plus any agency fee or commission which may be charged for our services rendered in connection with the additional fees.

4.9 Payments processed in foreign currency may incur a currency conversion fee. Please refer to your financial institution for applicable fees.

4.10 If you request that we cancel your Booking for a Travel Product, we may charge you a fee of $300.

4.11 Deposits are non refundable.

5.1 We may disclose information which you share with us to third parties for the purpose of providing or in connection with our services.

5.2 You acknowledge and agree that you will not hold us responsible or liable for any malicious or negligent act or omission of any such third party or with respect to the privacy practices of any third party which your information is shared with.

6.1 To the extent permitted by law, all implied warranties with respect to our services and Travel Products are excluded.

6.2 If permitted by law, to the extent that any mandatory guarantee or warranty under the Australian Consumer Law or any other statute, or at common law or otherwise, applies with respect to these Booking Terms and Conditions, our liability for failure to comply with any such guarantee or warranty is limited, at our sole discretion, to one or more of:

6.3 You acknowledge and agree that:

6.4 We and our Related Bodies Corporate are not liable to you for any indirect, special or consequential loss, or any other loss not arising as a natural consequence of a breach or other event giving rise to liability of a party, suffered or incurred by you whether in contract, tort (including negligence), statute, or otherwise, in connection with the services rendered, even if we have been advised of the possibility of such loss.

6.5 To the extent permitted by law, our, and our Related Bodies Corporate, maximum aggregate liability to you with respect to the services rendered by us is capped at AUD$100.

6.6 Nothing in these Booking Terms and Conditions exclude any of our liability under the Australian Consumer Law that cannot legally be excluded. To the extent liability under the Australian Consumer Law can be limited, our liability is so limited.

6.7 You acknowledge and agree that you solely bear all risk with respect to any third party provider of Travel Products and the Travel Products, including but not limited to any risk arising from inherently dangerous or high risk activity, or any risk of insolvency, winding up, bankruptcy or otherwise of the third party provider.

7.1 You agree to release and indemnify, defend, hold harmless and keep us and our Related Bodies Corporate, affiliates, directors, officers, employees, licensees, contractors and agents, from and against any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, charge, liability, or expense (including legal costs and expenses on an indemnity basis) however arising, whether present, unascertained, immediate, future or contingent, and whether based in contract, tort, statute, or otherwise, arising out of or in connection with:

8.1 If you believe you have a reason to raise a dispute with us under these Booking Terms and Conditions, you must first provide us with written notice of the dispute including particulars of the dispute. Our authorised representatives will, within seven (7) days after the dispute notice is received or as soon as reasonably practicable, discuss the dispute with you and attempt to resolve the dispute.

8.2 If our authorised representatives are unsuccessful in resolving the dispute with you within thirty (30) days of our receiving notice of the dispute, either of us may, by giving written notice to the other party, refer the dispute for mediation. The mediation will be held in Brisbane, Australia and will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President’s nominee. Each of us must bear our own costs of the mediation and bear equally the mediator’s costs, and each of us is entitled to legal representation at the mediation.

8.3 You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with this clause.

8.4 Notices to us may be sent to doug@travelearth.com. Any response by our authorised representative will be directed to the email address from which your notice originated. We may give notices to you by sending an email to any email address that you have provided to us in connection with a Booking.

9.1 By providing us with instructions to place a booking, you are warranting that:

9.2 We may vary these Booking Terms and Conditions at any time by publishing the varied Booking Terms and Conditions on this Site. The applicable version of the Booking Terms and Conditions will be the version which was published on the Site immediately before your Booking Confirmation.

9.3 These Booking Terms and Conditions are governed and interpreted in accordance with the laws of Queensland, Australia. Where you may have a dispute or claim against us, you submit to the exclusive jurisdiction of the courts of Queensland, Australia and any courts entitled to hear appeals from those courts. Where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions and forums in order to protect our rights and you submit to whichever jurisdiction and forum we consider appropriate for such dispute or claim.

9.4 Any waiver of any of our rights under these Booking Terms and Conditions is not effective unless in writing signed by our authorised representative. Any failure or delay by us in exercising a right under these Booking Terms and Conditions does not constitute a waiver of our rights. Any waiver by us will only waive our particular rights in the particular circumstances and will not waive any of our other rights, or the same rights in other circumstances.

9.5 If any clause of these Booking Terms and Conditions is illegal, void or unenforceable in any jurisdiction, that clause (including any subclauses, in whole or part in each instance and as the case may be) may be severed for the purpose of that jurisdiction only and the remainder of these Booking Terms and Conditions continues in full force and effect in that jurisdiction.