www.shortescapes.com.au and www.shortescapes.co.nz

TERMS & CONDITIONS OF USE

Short Escapes Australia and New Zealand Pty Ltd ABN 65 105 937 586 of PO Box 3124, Loganholme Qld 4129 ("Short Escapes") maintains the websites www.shortescapes.com.au and www.shortescapes.co.nz (together called the "Website") as a service to its bona fide customers.
All users of the Website (a "User" or "Users"), however they gain access to it, agree to abide by and be subject to these Terms and Conditions of Use ("Use Conditions"), to the exclusion of any other terms, conditions or legal principles which may apply, so far as is permissible by law.

1. General and Applicable Law

These Terms and Conditions of Use set out the whole of the Agreement between Short Escapes and every User. By accessing any part of the Website at any time, the User is deemed to accept the Use Conditions without objection.
The Use Conditions shall be governed and interpreted according to the laws of Queensland, Australia and Short Escapes and each User consents to submit to the jurisdiction of the Courts of Queensland.
No provision in the Use Conditions will exclude, restrict or modify any condition, warranty or liability implied in this contract or proffered by applicable law where to do so would render that provision void. In the event that some provision of the Use Conditions proves to be illegal or unenforceable pursuant to any statute or rule of law, or for any other reason, such provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.

2. Status of Website

Short Escapes may:

• withdraw the Website, completely or partially, or restrict access to it, intentionally or inadvertently; or
• modify (including modification of these Use Conditions) or maintain (or neglect or decide not to maintain) the Website;

in any way which Short Escapes considers desirable at any time without any obligation to notify any User.
Short Escapes may provide links to other websites provided by third parties. Short Escapes has not reviewed those websites and accepts no responsibility for their content. Short Escapes may not maintain and does not warrant the currency of those links.
Short Escapes does not warrant the accuracy of any information contained in the Website, including statements about accommodation, availability of accommodation, price, or the status of bookings, unless and until confirmed separately by Short Escapes.

3. Release and Indemnity

Each User releases Short Escapes completely from liability in relation to any loss or claim of any nature arising from any matter mentioned in Clause 2, or arising out of the use, inability to use, or the results of use of, this Website. The service standards stated by Short Escapes on the Website are advisory only and do not create any legal responsibility upon Short Escapes.
If any User suffers any such loss or claim and Short Escapes is legally unable to obtain a complete release from liability for any reason, then Short Escapes’s liability for such loss or claim will be limited, at Short Escapes’s option, to one or more of the following:
(a) in relation to 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 acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired;
(b) in relation to services:
(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again.
Further, each User indemnifies Short Escapes against every loss or claim which may arise, directly or indirectly, from the User’s use of the Website, whether such use is in compliance with these Use Conditions or in breach of them.

4. Restrictions on accessing and using information from the Website

Every User agrees that all information provided on the Website is provided only for the purpose of assisting bona fide customers of Short Escapes, and agrees:

• Only to use such information received for the User’s own bona fide purposes in their capacity as a customer of Short Escapes (for example, not for the purpose of gaining a competitive advantage over Short Escapes);
• Not to reproduce, disseminate or otherwise disclose such information to any third party (for example, a competitor or potential competitor of Short Escapes) without the prior written consent of Short Escapes;
• Not to infringe upon the copyright or other intellectual property of Short Escapes as contained in the Website.

5. User’s Information and Privacy

The User authorises Short Escapes to retain, organise and commercially exploit information about the User provided to Short Escapes in the context of the Website, for any purpose connected with Short Escapes’ business.
Short Escapes will make relevant information in its records about the Customer available to the Customer upon written request, to the extent required by applicable privacy legislation. Follow this link for a copy of our Privacy Policy.

6. Purchases

Any purchases or intended purchases via the Website are governed by the following additional Terms and Conditions:

• Short Escapes acts only as the agent for the person, business or company providing the service published on the Website (the "Supplier"). The selection of accommodation, tours and other services featured are chosen in accordance with accepted industry standards. Short Escapes does not endorse or recommend any Supplier.
• Short Escapes relies on Suppliers to provide information on the Website and is not responsible for the accuracy of that information.
• All services and prices are subject to change without notice.
• Circumstances beyond Short Escapes’ control may result in variations from the accommodation, tours and services listed.
• Short Escapes is not liable for omissions, default or negligence by any Supplier.
• Short Escapes is not responsible for any injury, damage, loss or additional expenses caused directly or indirectly by inaccuracies in the Website, and you agree to release Short Escapes from all such liability.
• Some of the photographs and computer graphics featured on our web site are generic and may not always be representative of subject matter. Maps may not be to scale.

Rates

All prices are valid only on the dates indicated. Unless otherwise stated, rates are quoted in Australian Dollars. Accommodation prices do not include transfers or meals unless indicated. Children’s rates are based on the use of existing bedding in the room and prices for additional bedding are available upon request. Rates are subject to change without notice.

Quotations

All quotations are subject to availability and are not guaranteed until the booking is confirmed and deposited.

Deposits

10% of the total booking amount will be deducted from your credit card upon confirming a booking along with a $3.50 Booking Fee. In the case of a booking through a Supplier’s own website a $3.50 booking fee will be deducted from your credit card upon booking. Bookings not deposited will cancel automatically without notification after this time.
The Supplier may deduct an additional proportion of the total booking amount to confirm a booking prior to stay. If this is the case such a policy will be stipulated under the Booking Policy on the Supplier’s individual web page listing on the Website.
By booking through the Website you authorise both of those transactions – i.e. the initial booking amount by Short Escapes and any additional booking amount charged by the Supplier.

Final Payment

Final payment is required by the Supplier during stay, unless otherwise advised. Certain products/services attract different payment requirements; such requirements will be clearly specified on the Supplier’s individual web page listing on the Short Escapes website/s.

Cancellation Policy

All cancellations must be received in writing, either via email or facsimile. Please note, your initial 10% Deposit and $3.50 Booking Fee is not refundable in the case of a cancellation or No Show (i.e. if you fail to turn up on the date/s reserved). In the case of a No Show, or if a booking is cancelled within two (2) weeks prior to arrival, the Supplier is entitled to charge your credit card a No Show fee equivalent to the first night’s accommodation, unless the room is sold in the period up until 48 hours prior to the original arrival date. No other cancellation fee applies. In the case of a tour or activity, the Supplier may charge your credit card 50% of the cost of that tour or activity for a No Show or Cancellation within 48 hours prior to arrival. No other fee applies.

Accommodation - Check In/Check Out Times

Check in/check out times vary according to the Accommodation provider. See the provider’s individual web listing page for their check in/check out times.

Tours/Cruises/Diving

Some operators have extensive booking, payment and cancellation conditions. These will be advised to you in writing at the time of booking. Each operator reserves the right to alter itineraries where necessary in the event of circumstances beyond their control, and so that they may consider the impact on the safety of their guests, passengers and clients.

Travel Insurance

We recommend that you purchase Travel Insurance to include cover for involuntary cancellation of your holiday, airfare or car hire.

Payment Options

We invite you to submit credit card payments via the secure reservations booking engine on our Website. By submitting such a payment, you are authorising Short Escapes to share that information with relevant Suppliers.