Accommodation terms and conditions

Accommodations in Australia or New Zealand – Click Here

Accommodations in Other (Internationals) Destinations – Click Here

Accommodations in Australia or New Zealand

When you make an accommodation booking for a destination in Australia or New Zealand using the Site the following terms and conditions apply.

  • Age: You must be at least 18 years of age to book any accommodation displayed on the Site.
  • Payment: You agree to make payment at the time of booking via a debit to your nominated credit card. The amount debited will (subject to the following) be the amount shown on our booking page prior to you clicking the "Pay Now" button on that page. Depending upon the currency of the booking, your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider.
  • Changes to bookings: If you want to change any details of your booking, you must contact our Customer Service Centre - Click here for contact details. We will do our best to assist you, but cannot guarantee that changes can be made. Please note that:
    • bookings at certain accommodation providers, or in certain time periods, or for certain room types cannot be cancelled or changed; and
    • some accommodation providers may permit cancellations or changes but this may involve that accommodation provider imposing a charge, and this information will be displayed (see cancellation policy) on the relevant accommodation details page and the booking page, which you access prior to making a booking. In addition, we apply an administration charge to all booking changes and permitted cancellations - this amount is displayed on the booking page (this is in addition to any cancellation charges imposed by the accommodation provider) - Click here to view the administration charge.
    If you fail to cancel a booking and do not check-in in accordance with the booking made, you will be charged for up to the full amount of the booking made.
  • Requirements upon check-in: We do not provide your credit card details to any accommodation provider and as such you will be required to provide a credit card imprint or equivalent at check-in to cover incidental charges. The person registering at check-in must be at least 18 years of age. In addition, to eliminate identity fraud, the accommodation provider will ask you to provide photo ID at check-in to ensure that your identity matches the booking identity. A record and/or copy of this photo ID may be retained by the accommodation provider to minimise the risk of fraudulent credit card usage and for verification purposes with your credit card provider in the event of disputation. This identification information may be supplied to us by the accommodation provider in the event of a credit card dispute.
  • Site information: We make every effort to ensure all accommodation information displayed on the Site is accurate; however, as considerable information is accessed from our accommodation partners and posted by our customers, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the Site is free of errors or faults. We reserve the right to change accommodation information displayed on the Site (including these terms and conditions) at any time without notice to you.
  • Copyright: We operate on a "notice and take down basis". If you have any complaints or objections to material or content posted on this Site, or if you believe that material or content posted on this Site infringes a copyright that you hold, please contact us immediately by following our Copyright Complaint Procedure, found by clicking here.
  • Liability: Without affecting any statutory consumer rights that cannot be lawfully excluded or limited: a) we will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with the Site or any products or services purchased on the Site, and b) we make no warranty or representation as to the fitness or suitability of any product or service displayed on the Site or any linked site. Where our liability cannot be excluded, to the extent permitted by law such liability is limited to either: (i) for breach of implied terms, at our option, to resupply the service or the cost of resupplying the service; or (ii) otherwise, to the value of the booking made. We sell accommodation from inventory supplied by each accommodation provider and we do not over-sell that inventory. We cannot accept additional liability for unavailability caused by an accommodation provider over-selling its own inventory.
  • Fairness: We always try to settle any issues or complaints quickly and fairly. Any correspondence should be sent to Attention: Customer Service, Wotif.com, PO Box 1777, Milton, Queensland, 4064, Australia, or by facsimile +61 7 3512 9914, or by email to rooms@wotif.com
  • General: These terms and conditions are governed by the laws of Queensland, Australia. We receive payments from our accommodation suppliers for the provision of our booking service. All references to "we", "our" and "us" are references to Wotif.com Pty Ltd ACN 092 257 504. For information on how we deal with your personal information please refer to our privacy policy.

Accommodations in Other (International) Destinations

Last Revised on January 1, 2015

Agreement between Customer and Expedia

Welcome to www.wotif.com (the "Website"). When you make a booking on this Website for accommodations in destinations outside of Australia and New Zealand (“International Accommodations”), the following terms and conditions apply:

The portions of this Website relating to International Accommodations are operated by Expedia Inc., ARBN 138 063 573, a Washington corporation, located at 333 108th Avenue NE, Bellevue, WA 98004, USA, with a correspondent office at Suite 1, Level 2, 77 King Street, Sydney NSW 2000. This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate bookings (whether through the Website or the associated call centre) or otherwise transacting business with travel suppliers, and for no other purpose (together the “Services”). Expedia does not operate travel-related goods and services displayed on the Website. The terms "we", "us", "our", "Expedia" and "Expedia Inc." refer to Expedia, and Expedia’s affiliated companies (together the “Expedia Companies”). The term "you" refers to any person visiting the Website and using or seeking to use any of the Services.

This Website and the associated Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read these Terms of Use carefully. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use, or book any reservations through, this Website or our call center agents. We reserve the right at any time, at our sole discretion, to replace, change or otherwise modify the Agreement without prior notice by posting the revised version of this Agreement on the Website, and your continued access or use of this Website and the Services on and from the date it is posted to the Website signifies your acceptance of the replacement, updated or modified Agreement.

The information contained on this Website constitutes an invitation to treat and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to purchase the relevant travel arrangements subject to this Agreement and any booking or carriage conditions of the relevant supplier. You acknowledge and agree that this Agreement constitutes a valid and enforceable contract that is formed outside of Australia only once payment has been processed electronically by us. We will process your payment at a location outside of Australia using secure methods.

Use of Website

As a condition of your use of this Website and any of the associated Services, you warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website or any of the Services only in accordance with these Terms of Use; (iv) you will not use this Website for any purpose that is unlawful or prohibited by this Agreement; (v) you will only use the Website and the associate Services to make legitimate bookings for you or for another person for whom you are legally authorised to act; (vi) you will inform such other persons about the Terms of Use that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website or to a call centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information; (vii) if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. If considered necessary to protect the integrity and/or security of the Website and/or the Services, we retain the right, at our sole discretion, to deny anyone access to this Website and/or the Services we offer, at any time and for any reason including, but not limited to, for violation of these Terms of Use.

Prohibited Activities

The content and information on this Website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website. In addition, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) use another person's name, ID or password without permission or use this Website while impersonating another person;

(iii) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;

(iv) make any speculative, false, or fraudulent booking or any booking in anticipation of demand;

(v) copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without the express written permission of Expedia except where permitted by law;

(vi) access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;

(vii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(viii) take any action that imposes, or may impose, in the discretion of Expedia, an unreasonable or disproportionately large load on our infrastructure;

(ix) post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time;

(x) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;

(xi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Expedia may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Expedia reserves the right to take any necessary legal action and you may be liable for monetary losses to Expedia, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Expedia Customer Service.

Supplier Rules and Restrictions:

The information displayed on this Website concerning specific travel goods and services is provided to us by the relevant supplier (such as the airline or hotel) or its agent (“Third Party Supplier”).This includes, but it not limited to, information about airfare prices, rules and availability and the description of hotels and the amenities. Neither Expedia nor the other Expedia Companies are responsible for such information and Expedia relies on the accuracy of the relevant Third Party Suppliers and/or their agents. If we become aware that the information provided by a Third Party Supplier is incorrect in any way, we reserve the right to correct any information (including, but not limited to, pricing information) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation.

Additional terms and conditions imposed by the Third Party Suppliers will also will apply to your booking and purchase of travel-related goods and services and, where provided to us by the relevant Third Party Supplier, will be advised to you. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any Third Party supplier with whom you elect to deal including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant Third Party supplier's rules and restrictions regarding availability and use of goods or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Accommodations:

Expedia is not liable for any costs incurred due to relocation.

Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant hotel are unrelated to any payment made through the Website for your hotel booking.

Prepaid Hotel Bookings:

You acknowledge that the Expedia Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that the Expedia Companies provide you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Expedia Companies and the facilitation fee retained by the Expedia Companies for their services. You authorize the Expedia Companies to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Expedia Companies' services. You agree that your credit card will be charged by the Expedia Companies for the total reservation price. Upon submitting your reservation request you authorize the Expedia Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Expedia Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that the Expedia Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Expedia Companies for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Expedia Companies act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Expedia Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the Expedia Companies for their services vary based on the amount and type of hotel reservation. You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation.

You agree to abide by the Terms of Use imposed with respect to your prepaid hotel reservations. Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, for example, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay. You agree to make payment at the time of booking via a debit to your nominated credit card. The amount debited will (subject to the following) be the amount shown on our booking page prior to you clicking the "Pay Now" button on that page. Upon submitting your booking request, you authorize Expedia to facilitate the relevant hotel booking on your behalf, including making payment arrangements with relevant hotel suppliers. Depending upon the currency of the booking, your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider.

Postpaid Hotel Bookings:

In the event that you book postpaid accommodations, you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation).

If you wish to cancel or change your booking but do not notify us within the cancellation policy period applicable to the relevant hotel (which varies by hotel), you will be subject to a charge equal to the applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the booking and plan to check-in for subsequent nights in your booking, you must confirm the booking changes with us no later than the date of the first night of the booking to prevent cancellation of your booking.

You are responsible for any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of bookings after they are made, as indicated in the rules and restrictions for the hotel booking. You agree to abide by the Terms of Use imposed with respect to your prepaid hotel bookings.

Pay Now or Pay Later:

With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the “Pay Online Now” option, your credit card will be charged by Expedia immediately. If you select “Pay Later at the Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee. Our coupons may only be applied to "Pay Online Now" bookings.

Room Limit:

You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact Expedia’s group travel specialists by phone or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.

Tax Recovery Charge:

You acknowledge that, in relation to prepaid hotel bookings, the tax recovery charge included in the booking amount for travel services booked through the Website is a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Expedia pays to the relevant suppliers (e.g., hotels, etc.) in connection with your booking(s). The relevant supplier(s) invoice Expedia, and not you, for certain charges, including such tax amounts. It is the responsibility of the relevant suppliers to then remit applicable taxes to the applicable taxing authorities. Expedia does not act as a co-vendor with any supplier.

Booking, Cancellation and Amendment Charges:

If you want to change any details of your itinerary booked through the Website or the Service Centre (such as changing to a different hotel or changing your departure date or airport), we will do our best to help but cannot guarantee that changes will be permitted by the relevant supplier. You should call our Service Centre on 1800 796 316.

Requests for a refund of monies paid for any travel goods or services booked through the Website or the Service Centre will be governed by the terms and conditions of the relevant supplier, and Expedia is not responsible for, and does not have any control over, such terms and conditions. In particular, you are advised that many airfares are non-refundable and you must check the terms and conditions applicable to the relevant airfare before proceeding with the booking.

We do not charge an amendment fee, however any amounts charged by the relevant supplier in connection with any changes will be payable by you (if any). The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you booked the products or services.

Payments and Fees:

Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

Currency Converter:

Because in certain instances we receive the price from our suppliers in a foreign currency, the price displayed in search results may vary by a nominal amount from the price displayed at checkout due to the effect of foreign currency conversion. This amount will not exceed 10 Australian cents. The actual amount charged to your credit card is the amount displayed at checkout.

If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Expedia Companies and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

Privacy Policy:

Expedia believes in protecting your privacy. As a user of this Website and any associated service or facility such as the booking engine or call centre, you agree and consent to Expedia using and disclosing to third parties your contact and personal information (i.e. your name, e-mail and physical / postal address and / or other contact details) as set out in our Privacy Policy. Please click here to review our current Privacy Policy to understand our practices.

Complaints:

We will try and settle any complaints quickly and fairly and all correspondence should be sent to

    Attn: Customer Service
    Expedia, Inc
    333 108th Avenue NE
    Bellevue, WA 98004

Passports, Visas and Travel Documentation:

It is the responsibility of the traveller to ensure that he or she:

(a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling; and

(b) checks in by the required check-in time.

As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.

Passports are required for all travellers departing Australia, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months.

When purchasing air travel, the name on the passport must match the name on the ticket otherwise you may not be able to travel and insurance may be invalid. If, after purchasing products or services but before traveling, any member of your party changes their name you must notify the relevant carrier or us immediately so that the necessary changes can be made to your documentation.

It is the responsibility of the traveller to obtain information and advice on the visa requirements of the destinations you propose to visit. Australian citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel. Requirements may change and you should check for up to date information before booking and departure. We urge customers to review travel prohibitions, warnings, announcements and advisories issued by the relevant governments prior to booking travel to international destinations.

The above information and any links are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents.

The Australian Government Department of Foreign Affairs and Trade or any of its successors may be able to provide some assistance in relation to the passport and visa requirements for your destination.

Travel Destinations:

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travellers should review any travel prohibitions, warnings, announcements and advisories issued by the Commonwealth Department of Foreign Affairs and Trade prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the Australian Government's travel advisory and consular assistance service website currently located at http://www.smarttraveller.gov.au.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

By offering reservations for travel products to particular international destinations, EXPEDIA does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.

Disclaimer:

To the maximum extent permitted by law Expedia and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Expedia. All such information, software, products, and services are provided "as is" without warranty of any kind.

To the maximum extent permitted by law, Expedia and its respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent by Expedia and/or its respective suppliers are free of viruses or other harmful components.

To the maximum extent permitted by law, Expedia and its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, Expedia does not guarantee the accuracy of, and disclaims liability for any errors or other inaccuracies relating to, the information and description of the hotel, air, cruise, car and other travel products displayed on this Website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers.

Hotel ratings displayed on this Website are intended only as general guidelines, and Expedia does not guarantee the accuracy of the ratings. To the maximum extent permitted by law, Expedia and its respective suppliers make no guarantees about the availability of specific products and services. Expedia and/or its respective suppliers may make improvements and/or changes in this Website at any time

The carriers, hotels and other suppliers providing travel or other services through this Website are independent parties and not agents or employees of Expedia. Expedia, to the extent permitted by law, is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Expedia, to the extent permitted by law, has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

Important: Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010 including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia.

Limitation of Liability:

To the maximum extent permitted by law, in no event shall Expedia, and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with [any] delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Expedia, its Affiliates and/or their respective suppliers have been advised of the possibility of such damages.

In relation to any liability which cannot be exclude by law or despite the limitation above, EXPEDIA, the Expedia Companies or their respective suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law Expedia, and/or its respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Expedia in connection with such transaction(s) transaction fees on this website, or (b) One-Hundred Dollars (AU$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Expedia and/or its respective suppliers.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:

(a) in the case of products:

   (i) the replacement of the products or the supply of equivalent products;

   (ii) the payment of the cost of replacing the products or acquiring equivalent products;

(b) in the case of services:

   (i) the supply of the services again;

   (ii) the payment of the cost of having the services supplied again.

Indemnification:

You agree to defend and indemnify Expedia, and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a) your breach of this Agreement or the documents referenced herein;

(b) your breach of any law or the rights of a third party; or

(c) your use of this Website.

Copyright and Trademark Notices :

If you are aware of an infringement of any of our trademarks, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address.

Notice of Infringing Material

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

   1. A clear identification of the copyrighted work you claim was infringed.

   2. A clear identification of the material you claim is infringing is on the Website, such as a link to the infringing material.

   3. Your address, email address and telephone number.

   4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

   5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

   6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   Notices of claims of copyright infringement on this website should be emailed to exp-copyright@expedia.com for the fastest resolution.

   You may also send us your notice using the contact information below:

    Expedia, Inc.
    Attn: IP/Trademark Legal Dept., DMCA Complaints
    333 108th Avenue NE
    Bellevue WA 98004

   OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints.

Account Termination::

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, EXPEDIA has adopted a policy of terminating, in appropriate circumstances and at EXPEDIA’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. EXPEDIA may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

Counter Notices

If material you have posted has been taken down, you may file a counter-notification. You may want to seek legal counsel prior to doing so. Please include the following details:

   1. Identification of the specific content that was removed or disabled and the location where that content appeared on Expedia’s Website. Please provide the URL address if possible.

   2. Your name, mailing address, telephone number and email address.

   3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Expedia may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.

   4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification."

Sign and send to the following address:

    Expedia, Inc.
    Attn: IP/Trademark Legal Dept., DMCA Complaints
    333 108th Avenue NE
    Bellevue, WA 98004

OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints.

Patent Notices:

One or more patents owned by Expedia, Inc. may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.

General:

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx;

http://www.microsoft.com/maps/assets/docs/terms.aspx;

http://www.google.com/privacy/privacy-policy.html;

http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html;

http://www.maps.google.com/help/legalnotices_maps.html;

http://maps.google.com/help/terms_maps.html

This Website is operated by Expedia Inc., and this Agreement is governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of this Website or any bookings made or information provided through our call centre representatives. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this paragraph.

Expedia may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Expedia or any of its affiliates as a result of this agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Expedia with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

©2000 - 2015 Expedia, Inc., 333 108th Avenue NE, Bellevue, WA 98004, USA. All rights reserved.

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