The www.cheapholidayaccommodation.com website (“Website”) is owned and operated by Cheap Holiday Accommodation QLD BN209 029 18 (“Cheap Holiday Accommodation” or “we”). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as “Terms of Use”).  Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.  We reserve our right to amend the Terms of Use at any time. 

Cheap Holiday Accommodation provides you with an online directory which allows you to search, compare and book accommodation and tours which are supplied by third parties. Cheap Holiday Accommodation merely acts as a gateway between providers of accommodation and tours and you, the consumer.

Cheap Holiday Accommodation does not accept payment from you when you book accommodation or tours through the Website. When you process your payment via the Website, that payment is made directly to the provider (or nominated representative) of the accommodation or tour.

Our services are based on information provided to us by providers of accommodation and tours. Therefore we cannot guarantee that all such information is accurate at all times.

You must use the Website in a responsible manner. You must not: 

1. use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
2. use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
3. use the Website to send unsolicited email messages;
4. in any way tamper with, hinder or modify the Website;
5. knowingly transmit any viruses or other disabling features to the Website or via the Website; or
6. attempt any of the above acts or facilitate or assist another person to do any of the above acts.

If you cancel an accommodation booking, you will be subject to the cancellation policy of the provider of accommodation whom you have booked with.  You may be charged a cancellation fee by the provider of the accommodation as a consequence of your cancellation.

The material on the Website, the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by Cheap Holiday Accommodation and protected by Australian and international laws. 

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

You may view the Website and its contents using your web browser.  In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

• use the material on the Website for commercial purposes;
• in any way modify the material on the Website; or
• cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

The Website contains hyperlinks and other pointers to websites operated by third parties. We do not control these linked websites and is therefore not responsible for the contents of any linked website or any hyperlink contained in a linked website.  The links are provided by us solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship or approval by us of the Website or the products or services provided at those websites.  You link to any third party website entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of linked websites or their content.

All services offered to be supplied on the Website are subject to change by Cheap Holiday Accommodation and without notice to you.

The publications and information provided on the Website are for your information purposes only. They are not intended to be comprehensive, and they do not constitute our endorsement or approval in any way and therefore must not be relied on as such.

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Some legislation such as the Australian Trade Practices Act 1974 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by Cheap Holiday Accommodation via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”).  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. 

Except for your Statutory Rights, in respect of the Website:

1. all material on the Website is provided to you without warranties of any kind, either express or implied;
2. we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
3. we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
4. we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on the part of Cheap Holiday Accommodation, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website. 

You expressly acknowledge that we do not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at our option, to one or more of the following: 

• In the case of services supplied or offered by us:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.
• In the case of goods supplied by or offered by us:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.

By agreeing to and accepting these Terms and Conditions, you also agree to the terms of the Cheap Holiday Accommodation Privacy Policy.

The Terms of Use are effective until terminated by us.  We may terminate the Terms of Use at any time without notice to you.  In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.

We rely upon your continued observance of the Terms of Use.  If we suffer loss or damage or incurs any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs. 

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions.  Access to the information contained in the Website may not be legal by certain persons or in certain countries.  If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved. 

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you. 

If you have any questions relating to the Terms of Use, please contact us by telephoning +61 7 5561 0064 or emailing info@cheapholidayaccommodation.com.

Terms of Use last updated on 10 September 2008