1. INTRODUCTION
a. Waytostay.com.au is owned by Footstep Travel ABN 81 241 775 355.
b. Below are our Terms and Conditions under which the site can be used as well as our General Terms and Conditions.
c. References to “us”, “we” “our” shall mean waytostay.com.au.
d. References to “you”, “client”, “passenger”, or “guest” shall mean an authorised person dealing with waytostay.com.au.
e. Waytostay.com.au is to be used for information purposes only; all bookings made through the booking engines on this site are provided by 3rd parties.
f. Booking information including all contact details will be found on the travel documentation issued to you upon confirmation.
g. When booking flights, accommodation or related services with waytostay.com.au you acknowledge and accept to abide by these terms and conditions and those applying to the flight, accommodation or service supplier with who you have that booking.
h. These terms and conditions were last updated on 24/11/2016.
2. PRIVACY
a. We are committed to protecting your personal information and agree to handle your personal information in accordance with our Privacy Policy.
3. LIMIT OF LIABILITY
a. We do not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements.
b. We will not be liable for damages of any kind related to your use of or inability to access this site. Access to this site, is not guaranteed and is subject to availability of communications links and access rights. As a user of this website, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site and you agree that access is undertaken at your own risk.
c. By using this website you indemnify waytostay.com.au/Footstep Travel all liability for any claim, charge, demand, damage, liability, loss or expense of whatever nature whether arising directly or indirectly out of or in connection with the use of this site or any links provided by this site even if we knew they were possible, or they were otherwise foreseeable, including without limitation for consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of profit or income, loss of or damage to property and loss resulting from claims by third parties, damages incurred or suffered by reason of act or omission or incorrect information contained within these terms and conditions.
d. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited;
1. 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 any products or services displayed on the website or any linked website.
e. Without limitation, we will not be responsible if the flight, accommodation or service is not available due to inclement weather conditions or other acts of God.
f. We will not be responsible for any loss occasioned by any delay, expense, illness, injury, death, damage or shock associated with any occurrence whilst using the flight, accommodation or service, irrespective of its cause.
g. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.
h. Waytostay.com.au/Footstep Travel will not be liable for any issue, losses, claims or expenses arising from making a booking via this site. Waytostay.com.au provides links to 3rd party suppliers of these products and services.
4. YOUR OBLIGATIONS & RESPONSIBILITY
a. You must not make any booking unless you understand and agree all to our terms and policies.
b. You must be at least 18 years old to make a valid booking of any flight, accommodation or related services.
c. You understand that waytostay.com.au does not take money for bookings, nor hold any bookings for you. All bookings financial transactions and bookings are made with 3rd party suppliers.
5. CUSTOMER SERVICE
a. Any issue with a product booked with a supplier linked to from waytostay.com.au, is to be directed to that supplier. All contact details for the supplier will be found on confirmation documents and associated correspondence sent to you by the supplier.
b. In the event that you have an issue regarding our website please email us at admin@waytostay.com.au
6. CAPACITY IN WHICH WE ACT
a. In all instances we act as an information service only. All products and the booking of those products are provided by various third parties.
b. Any services we provide to you will be of an information service only.
c. We are not ourselves a provider of flight, travel and accommodation services and have no control over, or liability for, the services provided by third parties.
d. All bookings are made are subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers.
e. Your legal rights in connection with the provision of flight, travel and accommodation services are against the specific provider and not against us.
7. FORCE MAJEURE
a. Waytostay.com.au/Footstep Travel does not assume any liability or responsibility, without limitation, for any damage, expense, inconvenience, loss, injury, death or damage to persons or property for any cause whatsoever due to delays, cancellations due to nature, oil spills, mechanical breakdowns, strikes, civil unrest, Actual or threatened terrorism or the consequences of either, acts of God and all similar events outside our control.
8. TRAVEL ADVICE
a. Health
1. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is at smarttraveller.gov.au.
2. It is your responsibility to ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of vaccination) may deny you entry into a country.
b. Check your bookings
1. Waytostay.com.au/Footstep Travel will not take responsibility for an incorrect booking. You must contact the supplier within 24hours of receiving your booking confirmation.
9. TRAVEL, ACCOMMODATION & SERVICE DESCRIPTIONS
a. The description of flights, properties, holiday accommodation inventory and other travel services advertised on our website is based solely on information by the suppliers or service providers.
b. We do not accept responsibility for errors in description based on information provided by owners of such properties and service providers and do not guarantee the accuracy of any such information.
10. TRAVEL DOCUMENTS
a. Please review your travel documentation carefully and advise the supplier immediately of any errors in names, dates or timings.
b. You should print out and retain your travel documents as provided to you by the supplier.
c. You can also register your travel plans with DFAT, so that you may be more easily contacted in an emergency.
d. You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation.
e. All travellers must have a valid passport for international travel and many countries require at least six months validity from the date of return and some countries require a machine-readable passport.
f. It is important that you ensure that you have valid passports, visas and entry permits which meet the requirements of immigration and other government authorities in any countries visited.
g. Non- Australian passport holders should contact their own government’s Embassy or Consulate.
h. Any previous criminal convictions or drink driving offences may require a visa application prior to departure
i. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility.
j. If you need information regarding visas, visit www.visalink.com.au
k. We do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it.
l. If travelling to the United States please see https://esta.cbp.dhs.gov for important information regarding compulsory pre-registration for their visa waiver program (“ESTA”). Australian passport holders will not be able to enter the United States without a valid ESTA (or visa).
11. GENERAL
a. We advise you to review the supplier’s Terms and Conditions and any relevant Product Disclosure Statements carefully before confirming your booking.
b. We will not change any of our terms and conditions which apply to your booking.
c. MODIFICATIONS OF THE TERMS AND CONDITIONS. These Terms and Conditions are subject to change without prior notice at the sole discretion of waytostay.com.au/Footstep Travel.
12. INTELLECTUAL PROPERTY
a. Web Site
1. The site’s presentation and each element, including the domain name, trademarks, logos, brand names, drawings, illustrations, photographs, texts, graphics and other files found on this site, are protected by the current intellectual property laws and belong to Footstep Travel or have been authorised for the use of by waytostay.com.au.
b. Submitting Pictures
1. By submitting photos you acknowledge that you are the owner of the image and/or authorised to use this image in such way that the following paragraph sets out. You understand that the image will be viewed by the general public and may be used in future marketing or promotions by us. Consequently, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use. If you decide to delete the photo, you understand that removed content may persist in backup copies for a reasonable period of time.
c. Submitting Videos
1. By submitting video you acknowledge that the video is being streamed from You Tube and that you are adhering to the terms and conditions outlined by You Tube for use of their site.
d. Submitting Travel Tips
1. By submitting travel tip you acknowledge that this information will be displayed on our website. You understand that the tip will be viewed by the general public and may be used in future marketing or promotions by us. Consequently, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use. If you decide to delete the tip, you understand that removed content may persist in backup copies for a reasonable period of time.