Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to Webjet.com (the "Website")! This Website is offered to you conditioned upon your acknowledgment and acceptance of all the terms, conditions, obligations and notices set forth below (collectively, the “Agreement”). By accessing and/or using this Website, you consent and agree to be bound by the Agreement. If you do not agree to these terms and conditions, please navigate away from the Website now.
This Agreement provides you with our terms and conditions. The terms "we", "us", "our" and "Webjet" refer to Webjet Marketing North America LLC., a Delaware corporation, and/or our subsidiaries, affiliates or legal partners. The terms "you" and “your” refer to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website, and each of its modules and components, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Webjet Marketing North America LLC and/or its affiliates ("Webjet") and/or its or their various third party providers, distributors or suppliers. Much of the content found on this Website is owned by third party providers, distributors and suppliers.
Webjet grants you a limited, non-transferable license to use this Website in accordance with the terms and conditions of this Agreement. The limited license to use this Website may be terminated or revoked by Webjet at any time and for any reason.
USE OF THE WEBSITE
By using this Website, you represent that you are of legal age to enter into and create binding legal obligations for any liability that may result from your use of this Website.
This Website is offered to you, the customer, conditioned upon your acceptance, without modification, of the Agreement. Your use of this Website constitutes your acceptance of the Agreement. We are constantly enhancing our Website and therefore making changes with immediate effect. Without notice to you and in Webjet’s sole discretion, we reserve the right to modify this Agreement, in any manner and at any time. Your continued use of the Website, or purchase of goods and/or services following modifications to the Website or this Agreement, will be deemed acceptance of such modifications. In the future, before using the Website, please return to this page to view the most updated and current version of this Agreement.
This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations for you or for another person for whom you are legally authorized to act, or otherwise transacting business with travel suppliers, and for no other purpose. Should you use this site for the benefit of another (to whom you are legally authorized to act), it is your responsibility to communicate the terms and conditions of this Agreement to that person, prior to making a reservation on their behalf. You represent that all information supplied by you on this Website is true, accurate, current and complete.
You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or software. You may only use this Website to make legitimate reservations or purchases and shall not use this Website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This Website and the content provided in this Website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written permission of Webjet, and/or its third party providers, distributors, or suppliers, except that you may download, display and print the materials presented on this Website for your personal, non-commercial use only.
The trademarks, logos, and service marks displayed on the Website are the registered and unregistered trademarks of Webjet and/or third parties. The trademarks owned by Webjet and our third party providers, distributors, or suppliers, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion with customers, or in any manner that disparages using or accessing the Website. Webjet does not grant any license or right to use any of the logos, pictures, or trademarks found on the Website. Unauthorized use of this Website and/or the materials contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Website or in any environment of networked computers is prohibited.
You shall not use, authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Website, in any case, without the express written consent of Webjet. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any Webjet webpage.
You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website. You agree that you will not take any action that imposes a burden or load on our infrastructure that Webjet deems in its sole discretion to be unreasonable or disproportionate to the benefits Webjet obtains from your use of the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written consent of the owner of such right, (c) contains a virus, bug, disabling code or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Website. Notwithstanding the foregoing, if you have been notified by Webjet that you are prohibited from using the Website, then you have no license to use the Website and any access by you or on your behalf shall be unauthorized and unlawful. Webjet may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile, or otherwise used to make a booking on this Website.
All airfares, prices and fees displayed by Webjet are in U.S. Dollars. Webjet assumes no responsibility, and shall not be liable for any losses, damages, costs, claims, expenses, or fees incurred due to currency fluctuations.
Webjet reserves the right to cancel any and all bookings or other transactions you have made on the Website after you have been prohibited from using the Website, with no liability whatsoever to you.
MAKING RESERVATIONS, PURCHASING TICKETS AND TRAVEL RESTRICTIONS
We do not require registration for you to access or use the Website; however, if you request to purchase an airline ticket, hotel room, or rental car, you may be asked to provide certain information needed to process your request, such as your name, billing address, phone number and email address. You agree that the total amount of your request, including all fees, taxes, shipping/handling costs and other charges and surcharges, will be charged to the credit card account number that you supply to us.
The total price for a reservation and purchase of a ticket includes a mark-up fee for our efforts in providing the Website, its' services and fulfilling your request. The goods and services that you reserve and purchase through the Website are subject to the terms, conditions, rules and restrictions set forth by each of our third party providers, distributors and suppliers. By using this Website, you agree to be bound by such terms, conditions, rules and restrictions set by our third party providers, distributors and suppliers, including but not limited to compliance with all rules and restrictions regarding availability of fares, products, or services, restrictions against back to back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure and round trip for one-way ticketing). The use of certain ticketing practices may result in such actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to your credit card, additional charges collected at the airport, or future invoicing. You agree to the payment of all amounts when due (including additional taxes, fees and costs which may not be included in the quoted fare) and compliance with all rules regarding the availability of fares, products or services, including penalty fees arising from your failure to comply with such rules. Additionally, you agree to pay all duties, taxes, and related charges arising out of your use of this Website and the services provided, herein. You permit Webjet to charge the credit card provided for the payment of penalties arising from your failure to comply with airline tariff rules. Such payment will be collected without additional notice.
You are responsible for knowing the entry requirements for the country(ies) to which you are traveling or entering, including entry and visa requirements for transfer airports, prior to arrival at your final destination. Webjet is not obligated, in connection with its activity as an electronic conduit, to provide notice or information concerning any regulations with regard to passports, visas, customs or health. This being the case, the customer shall be solely and exclusively responsible for obtaining, in a timely manner, said information for the country of destination and/or any transfer countries.
Buying a ticket through Webjet does not imply any guarantee of passenger's ability to enter the country of destination. Traveler understands that Webjet takes no responsibility for determining passenger eligibility to enter any specific country.
Delta Air Lines reservations
Webjet is not an agent of Delta Air Lines and acts as your agent for all Delta Air Lines reservations and transactions.
TAXES AND FEES
Webjet charges a non-refundable booking fee at the time of ticket issuance (See below for details)
- If your travel plans change and we have to change your previously issued ticket, Webjet charges a $25.00 reissue fee per ticket for exchanges of domestic flights, and a $100.00 reissue fee per ticket for exchanges of international flights, on top of change fees that may be imposed by the third party provider, distributor, or supplier; however, some tickets may be non-refundable and unavailable for rebooking. The above provision on CHANGES, is effective August 1, 2011. If Webjet successfully processed your tickets prior to August 1, 2011, your Changes, Voids and Cancellations will be subject to Webjet’s then-current provision on Changes.
- In the event your credit card declines during Webjet's processing of your reservation request, and, as a result, ticket(s) are not successfully issued, Webjet reserves the right to charge you the non-refundable portion of the booking fee for the reservation, currently $25.00, which is part of the total travel price quoted to you and accepted at checkout. In the event Webjet is able to issue the ticket for the originally quoted price, no extra charge(s) will apply.
Online Transaction Service Fees
On all airfares purchased online, Webjet charges an online booking service fee of up to $30 USD* per person for Domestic Travel, and up to $80 USD* per person for International Travel, for all passenger types. However, in many cases, we don’t charge a service fee at all. When making a reservation online, the total amount displayed is inclusive of Webjet’s service fee. If you continue with your reservation, this total amount will be charged to the credit card provided to Webjet at the time of your booking. In the event airfares increase between the time of your reservation request and the time we issue the tickets (typically within 4-5 business hours), Webjet will contact you and seek your authorization for any resulting changes in price.
Our service promise: Webjet will never charge your credit card an amount greater than what you accepted and authorized us to charge.
* Exceptions to the above mentioned service fees:
Business and first class airfares, multi city itineraries, high fraud/high risk destinations and point of sales, foreign origination, certain low cost airlines that require manual processing as well as international airfares booked within 4 days of departure.
- Business and first class airfares - Service fees may be up to $250 USD per passenger, for all passenger types.
- Multi City itineraries – Service fees may be up to $100 USD per passenger, for all passenger types.
- High Fraud/High Risk destination cities and point of sales – Service fees may be up to $150 USD per passenger, for all passenger types.
- Foreign Origination and some low cost airlines that require manual handling - Service fees may be up to $79 USD per passenger, for all passenger types.
- International Travel booked within 4 days of departure may be subject to service fees up to $150 USD per person, for all passenger types.
Webjet accepts foreign credit cards; however, we require certain transactions to be authorized by the credit card holder via an online credit card authorization form. Additionally, in the event Webjet, in its sole discretion, deems your reservation request a "high risk" booking, Webjet may require you to fill out an online credit card authorization form. In the aforementioned scenarios, once the reservation is complete, Webjet will email the online credit card authorization form to the credit card holder. Webjet’s processing of an online credit card authorization form results in an additional $25 USD service fee, to be charged to the credit card on record.
Domestic Travel = US
International Travel = All foreign destinations
Passenger Types = Adult, Child, Infant, Senior, Student, Youth, Military
Paper Ticket Processing Fee -An electronic ticket is a paperless method of ticketing flights that offers convenience as well as a lower price. If you prefer to receive paper tickets, you can select to pay an additional fee at the time of purchase. Please note that in some instances the airline may require you to purchase a specific type. Also some airlines don’t provide the option of supplying Paper tickets and electronic tickets remain the only option.
Paper Ticket Processing Fees:
- We charge a paper ticket processing fee of up to $50.00 per reservation, regardless of whether you choose paper tickets as your preferred ticket option, or if it is the only ticket option made available by the airline.
- Certain airlines charge paper ticket fees of up to $50.00 per ticket. In some instances, airlines charge a paper ticket fee regardless of whether or not they offer electronic tickets.
- Paper tickets will be delivered to the address you indicate (certain restrictions apply). If your tickets are undeliverable and are returned to us, there will be an additional $50.00 re-handling fee.
Other Charges that May Apply -Almost every airline adds surcharges to the ticket prices. The oil surcharges can be up to $400 per ticket for international destinations. Depending on the airline, the surcharge is included in the base fare that we display or is added as taxes and/or fees and therefore displayed separately. Using our lowest possible airfare search technology, for those airlines that include the oil surcharge in their fare price, we display the price of the flight, inclusive of the oil surcharge, as part of the base fare. For airlines that include the oil surcharge as a tax, we add these surcharges to the amount of taxes collected.
Many airlines, particularly when traveling within the United States, are charging customers bag-checking fees, which include, but are not limited to initial bag checking fees, additional bag checking fees and excess baggage weight fees. The rules, regulations and amounts charged vary by airline. These baggage fees cannot be pre-purchased at the Website nor factored into the base fare; they must be paid upon check-in with the respective airlines. Please be aware that many airlines don’t accept individual bags or pieces of luggage that exceed certain weight restrictions (E.g. in many cases a bag can’t be heavier than 60 pounds). For a more detailed summary of airline baggage fees, please view our Airline Baggage Fees page. While helpful and informative in nature, our Airline Baggage Fees page is merely intended to provide guidance, and Webjet is not responsible or liable for any claim, including claims based on incorrect or out-of-date information, arising from or in connection with the Domestic Airline Fees page. Hyperlinks to the airlines websites are provided on our Airline Baggage Fees page, please use these to view the airlines' updated baggage policies.
Webjet offers a leading technology in fare-search methodology. However, airline prices and availability can change from one second to the next. As such, occasionally the actual prices charged by the airline are different than Webjet’s quoted price at the time of your request.
When we list an amount as "taxes" on the Website, this sometimes includes "tax recovery charges." This simply means that the airlines, and not Webjet, have the obligation to collect any applicable taxes, governmental fees and other charges and remit them to the government. Therefore, what Webjet is collecting from you is actually a "tax recovery charge" equal to the amount we expect the airlines to bill us, in satisfaction of those taxes, governmental fees and other charges they must remit to the authorities.
The charges listed within this “Taxes and Fees” section are not exhaustive and the final price charged to you may include other charges, costs and fees.
Webjet makes no representation or warranty of any kind regarding this “Taxes and Fees” section, and all information is provided to you “as-is”. Additionally, Webjet assumes no responsibility and makes no representation or warranty of any kind regarding your use of Webjet’s customer service agents, and shall not be liable for any damages, costs, claims, losses, or expenses that arise out of the same.
For special requests (including without limitation aisle seats, special food requirement, hotel views or non-smoking rooms, special car type for rental cars, etc.) you must contact the third party provider, distributor or supplier directly after purchase confirmation and make appropriate arrangements, subject to availability. In some instances, seat assignments may be arranged during the reservation process. When making a request through Webjet, you expressly accept the possibility that the third party provider, distributor, or supplier may not satisfy your special requests or may charge you additional fees. No purchase or reservation may be cancelled based on the failure of a third party provider, distributor or supplier to satisfy any special requests.
AIRLINE TICKET ISSUANCE
All reservation requests submitted to Webjet are requests only, even if availability displays are provided. After we have received your reservation request, you will receive a confirmation email confirming the request details. After receiving the request, your booking will be quality-checked and processed within one day.
Before we issue tickets, our quality assurance team checks for the following:
- Accuracy of the booking information (i.e. spelling errors),
- Correct selection of airports and a cross check of the airline’s minimum connection times
- Accuracy of the fares for your requested flights and check for price changes that may have surfaced during processing
- Whether the airline requires paper tickets
- Ensuring the billing address and credit card information provided by you corresponds to those on record with the credit card issuer
- Final credit card approval to issue tickets
If any questions arise during this process, we will contact you by phone or email. Otherwise, we will issue the ticket(s) and send a confirmation email, including all travel itinerary details and ticket number(s), within 24hours of your reservation request.
Any reservation request that cannot be confirmed will receive notification by email. Only after the confirmation email has been sent will Webjet issue tickets and charge the credit card provided by you.
We are not responsible for any transaction that is declined based upon a credit/debit card that is declined by the issuing company or a travel provider or if, for any reason, the debit/credit card billing address and/or credit card verification number cannot be verified in a timely manner, nor are we responsible for any changes in fare or any other charges that may occur during our verification process. At times when the fare selected is not available an approval code may have been taken on your credit card, if the transaction is not completed the approval code may block your available credit for a time period until the bank removes the block.
After submitting your reservation request to Webjet, regardless of whether or not Webjet has fully processed your request, the government may increase certain taxes and/or fees applicable to your booking. Webjet is not responsible or liable for any increase in government taxes and/or fees and you will be fully responsible and liable for all such taxes/fees.
When you make your reservation request, if an electronic ticket cannot be issued, a paper ticket will be issued and shipped, unless you specifically opt-out or cancel the reservation. In the foregoing case, paper ticket fees may apply. Webjet assumes no responsibility, and shall not be liable for any losses, damages, costs, claims, expenses, or fees relating to the shipment of paper tickets and you accept all risk of loss pertaining to the same.
CHANGES, VOIDS AND CANCELLATIONSAirline Tickets - Webjet charges $25.00 per ticket, plus those fees assessed by the airline and any additional amounts resulting from airfare increases (if applicable), for exchanges of domestic flights. Webjet charges $100.00 per ticket, plus those fees assessed by the airline and any additional amounts resulting from airfare increases (if applicable), for exchanges of international flights. If requested prior to ticket issuance, the Webjet cancellation fee for both domestic and international tickets is $50.00 per ticket, plus those fees assessed by the airline, if any. Additional fees may be assessed by the third party provider, distributor or supplier in the event of an exchange, refund, or cancellation. For all tickets that have been issued, in the event you request a cancellation, void, or refund, Webjet charges $50.00 per ticket for domestic flights and $100.00 per ticket for international flights, plus those fees assessed by the airline, if any. Refunds from our third party providers, distributors or suppliers will be made to you only after we have received payment. Fees charged by Webjet for the initial reservation will not be refunded. The above provision on CHANGES, Voids and Cancellations is effective August 1, 2011. If Webjet successfully processed your tickets prior to August 1, 2011, your Changes, Voids and Cancellations will be subject to Webjet’s then-current provision on Changes, Voids and Cancellations.
NAME ON RESERVATION
All reservations must be made in the exact name of the person traveling, as stated in the government issued IDs or government issued passport of the traveler. Once tickets are issued, misspelled names and parts of names can not be corrected. Should names need to be corrected, additional fees may be assessed and in certain circumstances, new tickets must be purchased.
EXCLUSION OF WARRANTY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, WEBJET DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS.
WEBJET AND ANY THIRD PARTY PROVIDERS, DISTRIBUTORS AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WEBJET AND ANY THIRD PARTY PROVIDERS, DISTRIBUTORS AND SUPPLIERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WEBJET AND ANY THIRD PARTY PROVIDERS, DISTRIBUTORS AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND 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 WEBJET OR OUR AFFILIATES. NEITHER WEBJET, NOR ANY THIRD PARTY PROVIDERS, DISTRIBUTORS OR SUPPLIERS WARRANT THAT THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM WEBJET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
The Website is solely directed to individuals residing in the United States of America. We make no representation that materials available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website to any person, geographic area or jurisdiction, at any time and in our sole discretion.
LIMITATION OF LIABILITY
WEBJET ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL WEBJET OR ANY THIRD PARTY PROVIDERS, DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY WEBJET OR ANY THIRD PARTY PROVIDERS, DISTRIBUTORS, OR SUPPLIERS, INCLUDING BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
THE THIRD PARTY PROVIDERS, DISTRIBUTORS, CARRIERS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WEBJET. WEBJET IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY PROVIDERS, DISTRIBUTORS, CARRIERS, ADVERETISERS, AND OTHER THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR FOR ANY CLAIMS, DAMAGES, LOSSES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES OF ANY KIND RELATING TO THIRD PARTY PROVIDERS, DISTRIBUTORS, CARRIERS, ADVERTISERS, AND OTHER THIRD PARTIES, INCLUDING WITHOUT LIMITATION COSTS RELATED TO YOUR USE OR VIEWING OF THIRD PARTY LINKS, BANNERS, OR ADVERTISEMENTS, AND ANY CONTENT FOUND THEREIN. WEBJET SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, PRICE CORRECTION, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, FEES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, WEBJET 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. IN ADDITION, WEBJET EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, ADDITIONAL FEES, TAXES OR CHARGES, AIRFARE INCREASES OR DECREASES PRIOR TO THE ISSUANCE OF TICKETS, AND CURRENCY CONVERSION MISCALCULATIONS) ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR CREDIT CARD CHARGED. IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECTED PRICE, OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. IN THE FOREGOING SITUATION WEBJET WILL CANCEL YOUR RESERVATION IF YOU DO NOT COMMUNICATE YOUR CHOICE TO WEBJET WITHIN 24 HOURS.]
If, notwithstanding the foregoing, Webjet or any third party provider, distributor or supplier should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Website or its content, the liability of Webjet and the third party providers, distributors and suppliers shall in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to Webjet in connection with such transaction(s) on this Website, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Webjet and without any liability whatsoever, Webjet at any time and without notice may terminate or restrict your access to any component of this Website. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You agree to defend and indemnify Webjet and/or their respective third party providers, distributors and suppliers, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, judgments, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, as a result of: (a) your breach of this Agreement or other obligations or policies referenced herein; (b) your violation of any law or the rights of a third party; or (c) your use of this Website.
LINKS TO THIRD PARTIES, BANNERS AND ADVERTISEMENTS
This Website may contain hyperlinks, banners and advertisements of other websites operated by parties other than Webjet. Such hyperlinks, banners and advertisements are provided solely as a convenience to you and not as an endorsement by Webjet, its third party providers, distributors or suppliers of the contents of such other websites. We do not control such websites and are not responsible/liable for any claims, damages, losses, fines, penalties, or other costs or expenses of any kind. Webjet makes no representation or warranty regarding any other websites or the contents and materials on such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
Webjet may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time, without cause. Such termination shall not affect any right to relief to which Webjet and its third party providers, distributors or suppliers may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to Webjet and its third party providers, distributors, or suppliers, as applicable.
RELATIONSHIP OF THE PARTIES
The relationship between Webjet and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
This Agreement will in all respects be governed by and construed and interpreted in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
Any dispute, claim or controversy arising out of or in connection with or relating to the subject matter of this Agreement, or any breach thereof, including, but not limited to, all issues regarding jurisdiction, existence, scope, validity, performance, interpretation, and termination, shall be settled through binding arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its then current Commercial Arbitration Rules. If you are not a U.S. resident, the International Arbitration Rules of the American Arbitration Association shall be used. The arbitrator shall have jurisdiction to award, and shall award, the prevailing party its reasonable attorneys’ fees, costs and expenses. All arbitration proceedings shall be held in Tampa, Florida, U.S.A. Should any provision, section or part of this Agreement be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, that element of the Agreement may be severed and will not affect the validity or enforceability of the remaining portions of this Agreement in that jurisdiction. Judgment on any arbitration award may be entered in any court having jurisdiction over the subject matter or the parties. Notwithstanding the foregoing, this provision shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
All costs and expenses incurred by the prevailing party in enforcing or defending this Agreement or an arbitration award (including, without limitation, reasonable attorneys’ fees) shall be paid by the non‑prevailing party in that particular action or proceeding.
Webjet may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
No waiver of a breach of any provision of this Agreement shall have any force or effect unless in writing, signed by a duly authorized representative of the party to be charged. No waiver of a breach of any provision of this Agreement shall be deemed to be, or shall constitute, a waiver of a breach of any other provision of this Agreement, whether or not similar, nor shall such waiver constitute a continuing waiver of such breach unless otherwise expressly provided in such waiver.
Any provisions which by their express or implicit terms are intended to survive the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement and shall be enforceable in accordance with their terms.
Each provision contained in this Agreement constitutes a separate and distinct covenant and provision, severable from all other provisions. It is agreed that should any clause, condition or term, or any part thereof, contained in this Agreement be unenforceable or prohibited by law or by any present or future legislation, then such clause, condition, term or part thereof, will be amended, and is hereby amended, so as to be in compliance with the said legislation or law but, if such clause, condition or term, or part thereof, cannot be amended so as to be in compliance with the said legislation or law, then such clause, condition, term or part thereof is severable from this Agreement, and all the rest of the clauses, terms and conditions or parts thereof contained in this Agreement will remain unimpaired and continue in full force and effect.
Neither this Agreement, nor any rights, performance, or obligations hereunder, may be assigned, subcontracted or delegated by you without Webjet’s prior written consent.
SUCCESSORS AND ASSIGNS
This Agreement will inure to the benefit of and be binding upon the parties hereto as well as their successors and permitted assigns, trustees, heirs and personal representatives.