Terms and Conditions
These terms and conditions ('terms') govern the relationship between you and Zuji Pty Ltd (ABN 18 096 920 866) (Zuji and its related entities in relation to flight booking services and the provision of, hotel booking services, and other products, services and activities as described below (Travel Services).
By using the Travel Services you acknowledge that you have read and understood, and agree to be bound by these terms. You must be at least eighteen (18) years old to use the Services.
1. Travel Services
1.1 Aggregation of Travel Products
The aggregation of Travel Products may comprise:
(a) Travel-related goods and services offered on the Website (Travel Products) from airlines and other third-party providers (together, Third Party Providers); and
(b) Access to hotel booking services via Third Party Providers; or
(c) Access to Packages comprising (a) and (b) above.
(d) The services (Services) may comprise:
(i) Flight search and reservation
- Access to a flight booking website (the Website) which provides the facility (Booking Facility) for customers to make a flight booking.
- Access to Customer Service which includes access to staff either online, by email or by phone to confirm your booking, make any changes to your booking or otherwise seek assistance with your booking.
(ii) Payment processing, documentation, ticketing services.
(e) Subject to you complying with these terms, Zuji will provide the Travel Services to you as set out in these terms.
(f) Zuji does not endorse or recommend any particular Travel Product.
1.2 Information on the Website
(a) Some of the material accessible through the Website is provided by Third Party Providers. This material does not form part of the Services, and Zuji is not responsible for this material. Zuji does not warrant, and disclaims any liability for the accuracy or completeness of the information provided by Third Party Providers in relation to their Travel Products.
(b) Information provided through the Website is provided in good faith, and is subject to amendment at any time without notice.
(c) You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Website.
(d) You should carefully read all the terms and conditions specific to the product you are booking before finalising your travel transaction.
(e) The Website does not include every Travel Products available in the market.
(f) Zuji makes no representation that its prices or products are identical to prices or products on other Travel Product sites that may exist from time to time. Zuji reserves the right for marketing and commercial reasons to modify prices and products.
1.3 Site Software
When you access a Webjet Group site (a "Visit"), you are using software which is owned by or licensed from Webjet Ltd. For each Visit, Zuji, as agent for Webjet Ltd, grants you a personal non-exclusive license to use the software associated with the Zuji site for the duration of the Visit and for the sole purpose of making Travel Product bookings ("Licence"). This Licence does not permit you to make a Visit for the purpose of "carrying on a business as a travel agent" within the meaning of Australian State and Territory legislation regulating travel agents, unless you are a licensed travel agent under that legislation. Any other use, commercial or otherwise, of the software or information on the site without the express written permission of Zuji is strictly prohibited, including any reproduction, data mining, automated querying or similar data extraction processing. Zuji is not the agent of Webjet Ltd for any other purpose connected with the Service. You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Visit. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice. You must not use the software associated with the Service except in accordance with the Licence.
1.4 Customer Service
When you make a flight booking through Zuji the Servicing Fee paid as part of the booking provides you with access to our global "Customer Service" facilitated by Zuji. Customer Service provided includes access to staff either online, by email or by phone to confirm your booking, make any changes to your booking or otherwise seek assistance with your booking. The Customer Service provided by Zuji is global in nature and can be accessed from anywhere around the world.
2. Travel Products
2.1 Product Terms
In addition to these terms, Third Party Providers and hotels may impose (and you must comply with) their own terms and conditions in relation to their Travel Products (Product Terms) (for example, an airline's terms of carriage, the cancellation conditions of a hotel booking). You must accept and agree to those Product Terms to complete your Booking. You should carefully read the Product Terms specific to the applicable Travel Products before completing your Booking.
Zuji acts as agent on behalf of the applicable Third Party Provider(s) in providing access to facility flight bookings. Flight fulfilment is provided by the airline(s) selected at the time of finalising the booking. For your air travel, you are bound by the terms and conditions of the selected airline(s).
Zuji is not responsible for subsequent changes to airline scheduled departure times, departure dates or flight cancellations.
WebBeds FZ LLC lic no. 91277, a wholly owned subsidiary of Webjet Limited (ACN 002 013 612) provides access to a hotel booking facility. WebBeds has a marketing service agreement with the Third Party Providers of the hotel booking facility. The Hotel accommodation accessed through the Zuji website is provided by a Third Party Provider.
In making the booking you agree to:
(a) to comply with the selected Hotel(s) terms and conditions; and
(b) that any further charges relating to your Booking (for example, additional bedding, locally payable taxes, resort fees, minibar charges, and any transfer costs and meals not included in the price of the room(s) booked) will be paid by you, directly to the applicable Hotel.
Packaged holidays (Packages) are made available by Zuji combining Third Party Provided Travel Products. You agree:
(a) to comply with the applicable Product Terms for each of the Travel Products; and
(b) that any further charges relating to your Booking (for example, additional bedding, locally payable taxes, resort fees, minibar charges, and any transfer costs and meals not included in the Package charges) will be invoiced by, and paid by you to, the applicable hotel or Third Party Provider.
Zuji is not authorised to disclose the component pricing of the packaged Travel Products.
2.5 Car hire
(a) Third Party Providers make cars available to hire through the Website. Where you hire a car:
(i) you enter into a contract to hire that car directly with the Third Party Provider;
(ii) you must comply with any Product Terms and requirements of that Third Party Provider (including procuring the appropriate insurance) and the driving laws of the country in which you have hired the car; and
(iii) Zuji has no responsibility for and excludes all liability in relation to that car hire.
(b) The car rental booking price is guaranteed in the local currency of the car rental location and has been converted to Australian dollars (where applicable) at the current rate of exchange. The price in Australian dollars may vary as a result of currency exchange fluctuations and as such can only be used as a guide.
(c) Your credit card details will be supplied to the car rental company to secure your booking and you will be required at car pick-up to provide your credit card.
Third-party insurers makes travel insurance (Insurance) available to purchase through the Website. Before you purchase Insurance you must read and consider the product disclosure statement before making any decision to proceed.
(a) If you purchase Insurance:
(i) you enter into a contract in respect of that Insurance directly with the third-party insurer;
(ii) Zuji does not act as an insurer or provide that Insurance to you; and
(iii) Zuji has no responsibility for and excludes all liability in relation to that Insurance, including in relation to any claims made by you under it.
3. Your obligations
3.1 Your obligations
(a) You must only access and use the Services:
(i) to make enquiries about and Bookings for Travel Products on the Website (Permitted Purpose);
(ii) in accordance with these terms;
- have sufficient credit on your credit card account to meet all charges for Travel Products you book through the Booking Facility;
- keep secure any means of identification that Zuji provides to you in relation to your Account or specific booking;
- comply with all requirements for the Travel Product you've booked, including any Product Terms (where applicable); and
- ensure that you have the necessary documentation to travel.
(b) You must not:
(i) access or use the Services:
- for any activities which breach any laws, infringe any third party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority;
- in any way which interferes with other users or defames, harasses or menaces anyone;
- for any purpose (commercial or otherwise) other than the Permitted Purpose without the express written permission of Zuji Australia, including any reproduction, data mining, automated querying or similar data extraction processing;
(ii) reverse or cancel a payment without Zuji's prior written consent;
(iii) resell the Services, Travel Products or any other products and services accessed by means of the Services; or
(iv) permit any other person to use your user identification to access the Services, or grant a third party the right to access and use the Services.
(c) You are solely responsible for:
(i) assessing the suitability of any Travel Products for your needs; and
(ii) all matters relating to complying with the laws and regulations of all immigration authorities of the countries you travel to and from.
3.2 Your account
(a) To use Zuji's booking facility you may be required to create an online account (Account) and/or provide:
(i) personal information, including (in some cases) passport details;
(ii) billing information;
(iii) any other information reasonably required by Zuji to complete your Booking; and
(iv) an Account password.
(b) You are responsible for all use of the Services, and all transactions entered into by means of the Services, under your Account. Zuji takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties, or through any unauthorised access to your personal information.
(c) You indemnify Zuji from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Services by you or any other person using your membership identification, Account or password.
3.3 Intellectual property
(a) All the intellectual property rights in the Website and the Booking Facility are owned by Zuji and/or its licensors (as applicable). The only rights you have to this intellectual property are the limited rights to use and access the Website and the Booking Facility for the Permitted Purpose.
(b) You must not:
(i) disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Services; or
(ii) modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Services.
3.4 Your information
Zuji may also provide such personal information its related entities and to Third Party Providers as is required to complete your Booking. You accept that the recipients of this disclosure may not have in place privacy policies equivalent to Zuji's.
(b) Zuji may use information about you for marketing, internal planning or product development purposes in order to improve the quality of Zuji's services, and may disclose some of your information at an aggregate level for marketing purposes provided that you cannot be personally identified from this aggregated data.
(c) You grant Zuji your ongoing consent to use your information to promote and market Zuji's products and services and make other offers to you (including by making telemarketing calls to you, and sending you electronic messages including via email and SMS) and will be automatically added to Zuji's email newsletter for product and promotional updates. You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish Zuji to contact you or you would like Zuji to stop promoting and marketing products, services and other offers to you, please either unsubscribe from those updates or contact Zuji at any time by submitting a request through Zuji's feedback form.
You acknowledge and agree that Zuji may receive a commission or an affiliate fee or a marketing fee from transactions entered into by you using the Services.
4. Travel requirements
(a) All departing passengers require a valid passport for international travel. This means the passport must be valid for a set minimum period beyond your travel dates (the required minimum period depends on the country you visit).
(b) Please ensure you have a valid Passport well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
(c) The Australian Department of Foreign Affairs and Trade provides helpful information on applying for or renewing an Australian passport.
(a) A visa provides you with the authority as a non-citizen to travel to another country. Some countries will not allow you to enter without a visa, or in some cases, without proof of a return or onward electronic or paper ticket.
(b) Please ensure you have a valid Visa (as applicable) for all the countries you are travelling to which require a visa well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
(c) Visas are obtained from the issuing authority in Australia, usually an embassy. Visa requirements vary by both country you are travelling to and the current citizenship you hold so please ensure you check well in advance of your travel dates to allow sufficient processing time as required by the embassy. If you have booked a one-way ticket please ensure you have checked with the Consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations.
To assist you, both in determining whether you require a visa and the processing of your application online via an affiliate link, please click here.
The new South African Immigration Act effective 01 June 2015 will require all customers under 18 years old travelling to and from South Africa to be in possession of an unabridged birth certificate. Parent/s travelling with children under 18 years old will be asked to produce the required documentation at check-in for each flight. Read more.
(a) Zuji recommends before travelling you check the Government website relating to the countries you are travelling to for any applicable travel advisories relevant to those countries (for example, the relevant New Zealand website is located at www.safetravel.govt.nz and the relevant Australian website is located at www.dfat.gov.au/travel).
As well, please note that Government legislation prohibits the carriage of dangerous goods on aircraft. To view what these are and what is permissible to carry please go to: http://www.casa.gov.au/operations/standard-page/dangerous-goods.
5. Payments and refunds
(a) Bookings must be paid in full in order to purchase the Travel Product(s).
(b) By clicking “Pay Now”, you accept:
(i) the fees and charges payable to Zuji and its related entities (including Zuji), set out in the payment summary, and
(ii) the Third Party Provider's offer to sell the Travel Products to you for the price set out in your shopping cart, and subject to these terms and any applicable Product Terms.
(iii) consent to Zuji supplying your billing, payment and identification information (including personal information) to those Third Party Providers and/or hotels who will supply the Travel Products and accept that the recipients of this disclosure may not have in place privacy policies equivalent to Zuji’s
(c) Your Booking is not confirmed until full payment is received by Zuji and confirmation is provided to you by Zuji or Third Party Provider with a confirmation or booking number for each element of the Travel Product(s) booked.
5.2 Transaction Verification
(i) authorise Zuji's agents to:
- charge all fees incurred to the credit card designated by you;
- disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide;
- take steps to confirm that there is sufficient credit on your credit card account to meet likely charges;
(ii) authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to Zuji are accurate; and
(iii) consent to Zuji supplying your billing, payment and identification information (including personal information) to those Third Party Providers and/or hotels who will supply the Travel Products in your Booking to you.
(b) Before Zuji proceeds to process any travel booking on your behalf or issues your Documentation, various checks are taking place to validate the integrity of credit card information and in certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity. This process is intended to reduce the potential risk for fraud and disruption to passengers upon check in.
(c) If your credit card is not approved, Zuji will attempt to contact you. Where Zuji cannot contact you and the ticket issuance period lapses (thereby making the Booking invalid), Zuji will have no choice but to cancel the booked arrangements. Under these circumstances Zuji accepts no responsibility for any re-booking costs.
(d) Zuji reserves the right at its absolute discretion to decline or accept bookings. Any automatic booking confirmations for such bookings are conditional contingent on Zuji's view of any financial risks, potential ticket despatch delays, or other regulations that may apply.
(e) If payment is not received for your confirmed booking for any reason, you agree to pay Zuji all amounts due on demand.
(a) Your right to a refund of an airfare booked on the Website is governed by the terms and conditions of the airfare you purchased and is as determined by the applicable airlines. Many fares are non-refundable. Airline charges or cancellation fees may apply to your particular airfare.
(b) Zuji shall only be liable to provide a refund to you to the extent that it actually receives a refund from the relevant Third Party Provider. Where refunds are due to you from a Third Party Provider, Zuji will provide reasonable assistance to you in claiming such funds from that Third Party Provider. In that situation, Zuji is authorised (but not obliged) to seek such refunds from the Third Party Provider directly and on its own behalf.
(c) Where a refund is applicable, the turnaround time from the date of your request for refund to the date you are provided with your refund may take up to 12 weeks. This is beyond the control of Zuji.
6. Changes and cancellations
(a) Because Zuji is reliant on the availability of Travel Products from Third Party Providers, Zuji reserves the right to amend your Booking at any time in consultation with you if:
(i) an error is made by the Third Party Provider or hotel in relation to a Travel Product; or
(ii) in circumstances beyond Zuji's reasonable control, the Third Party Provider or hotel advises that it is unable to provide the Travel Product at the price advertised on the Website.
In such circumstances additional charges may have to be paid by you for the Travel Products and/or your itinerary may need to be changed.
Information about how to change or cancel your Booking is available on the Website at: http://www.zuji.com.au/travel-toolbox/change-my-booking/. If you process your change or cancellation request online using the above link, there is an additional ZUJI Servicing Fee of $50 per person. If you are processing your request over the phone (1300 995 160 or +61 (3) 9820 9555), you will incur an additional ZUJI Servicing Fee of $75 per person. Please note: airline fees may apply.
(b) If you cancel any Travel Product (including any element of a Package) you may incur cancellation charges from the Third Party Providers supplying the cancelled Travel Product and you agree to indemnify Zuji (and any related parties) for any fees or charges incurred by them in relation to your cancellation.
(a) In the event that you need to cancel your Booking, you must advise Zuji as early as possible before your check-in date. Please check the hotel's cancellation policy on your confirmation voucher as there may be penalties.
(a) If you wish to cancel or vary any element of a Package, Zuji will permit this where it is reasonably able to do so. However your Booking will no longer constitute a Package and you may lose the benefit of the Package, including any savings made from purchasing those elements together as a Package.
(b) Where a third party cancels an element of a Package, Zuji may elect to either cancel that Package in whole, or substitute a substantially similar element for the cancelled element. Zuji is not liable for the cancellation of an element by a Travel Provider or the consequences of that cancellation (including the consequences of Zuji's election to cancel a Package in whole).
The following fees (Fees) may apply to your Booking:
7.1 Payment and Service Fee
Zuji may charge you a Payment and Service Fee in relation to processing your booking and accepting payment.
Any Payment and Service Fee is charged by Zuji in its own capacity (as merchant), and not as an agent for any other party. Payment and Service Fees cover a range of costs, services, fees and charges in relation to your booking, including (among other things for example fraud prevention) the reasonable costs of accepting card payments. Any Payment and Service fees will be shown in the price of your booking on the review page.
7.2 Servicing Fee
The Servicing Fee included in your booking payment summary is non-refundable and will be charged to you within 24 hours. Funds need to be available on your card at the time of making the booking otherwise ticketing will not take place and you may need to rebook at a higher fare level.
The Servicing Fee provides you access to our global Customer Service function. The Customer Service provided to you by Zuji is global in nature and can be accessed from anywhere around the world.
The Servicing Fee covers a range of costs, services, fees and charges in relation to providing you with Customer Service in relation to your booking and includes GST. Zuji provides customers access to 24/7 support channels including telephone, live chat, email and frequently asked questions. Included in the Servicing Fee is the ability to change bookings online. Customers will just have to pay any applicable airline or hotel fees. Changing flights online incurs an additional Servicing Fee of $50 per person. Changing flights by phone incurs an additional Servicing Fee of $75 per person. Furthermore, the Servicing Fee provides customers with assistance when an airline initiates a schedule change, or when a carrier does not immediately confirm a booking.
No refund is given if you do not request Customer Service in relation to your booking. You will be charged the following Servicing Fee in relation to each applicable Booking:
(i) Domestic $20.00;
(ii) NZ/Pacific $40.00;
(iii) International $0.00
7.3 Cancellation fees
Zuji reserves the right to charge amendment or cancellation fees depending on circumstances and Third Party conditions.
All displays of pricing in this website are in accordance with the ACCC guidelines.
(a) All pricing is reflected in Australian Dollars (AUD) unless otherwise specifically denoted on the screen.
(b) Zuji makes no representation that its airline price sales are identical to prices on individual airline sites that may exist from time to time.
(c) Zuji reserves the right for marketing and commercial reasons to modify prices.
(d) The Servicing Fee for bookings and Insurance (if selected) are non-refundable.
(e) Hotel prices shown are always based on the occupancy requested using existing bedding. If additional bedding or rollaway beds are required, these must be requested directly to the hotel and may incur additional charges payable directly to the hotel. Prices generally exclude locally payable taxes levied by some countries and cities on tourists as well as resort fees, unless otherwise indicated. These taxes and fees can be calculated based on the type of hotel or room you have selected, the length of your stay, or the reason for travel, can change at any time, and are payable by you directly to the hotel.
8.2 Currency variations
For some international mix-and-match flights, Zuji's flights results page indicates that some return flight pricing has been converted to AUD at the exchange rate on the day of booking. Variations to your final price may occur due to currency fluctuations. Please note, where any pricing has been converted from a foreign currency to AUD your credit card company may charge a conversion fee.
8.3 Coupon codes
(a) Coupon codes may be made available from time to time to offer additional savings on a Travel Product. Coupon codes may apply to selected Travel Products only and may be subject to a minimum spend or stay requirement. All coupon code Bookings are subject to availability.
(b) Coupon codes are valid for the duration of the respective promotion only and only one coupon code per Booking may be used. If multiple coupon codes are available at the same time, they are not cumulative and it is at the discretion of the customer to select the coupon code they wish to apply.
(c) Coupon codes have no cash or refund value and cannot be returned for cash or its equivalent. Coupon codes cannot be applied to the cost of existing Bookings and cannot be used for amendments to existing Bookings, irrespective of whether a coupon code was used for the original Booking.
(d) Zuji reserves the right to alter or withdraw coupon code promotions at any time.
8.4 GST for non-residents booking domestic flights in Australia
GST is still applicable in circumstances where your domestic ticket is booked and ticketed separately to the international portion of your ticket or where it is subsequently separately booked and ticketed, the domestic Booking is not cross referenced to the international Booking.
9. Hotel-Specific Pricing Terms & Conditions
9.1 Room Occupancy & Bedding Configuration
(a) All prices shown are based on the occupancy you have requested, using the existing bedding in the room. If additional or rollaway beds are required, these are subject to availability at the property only and additional charges may be payable to the property directly.
(b) Please ensure that the occupancy you have requested is correct before you complete your booking.
9.2 Special Requests and Specific Assistance
(a) Special requests (e.g. non-smoking facilities or a balcony) and specific assistance requirements (for example, if you require specialised equipment at the hotel) are not guaranteed and may result in additional charges being payable directly to the hotel.
9. 3 Errors & Omissions
(a) We reserve the right to amend your booking in consultation with you where an error or omission was made in relation to the product or services purchased and;
(i) the error/omission was made in circumstances outside our control; or
(ii) the error/omission was made by the Third Party Provider and they have advised that they are unable to provide the purchased product or services at the price advertised or at all; or
(iii) the error/omission made by us or the Third Party Provider leads to a material and unreasonable outcome (for example, a luxury hotel booked at AUD10)
(b) We remind you that we publish all content on our sites in good faith; however, all content is provided by Third Party Providers and we do not check or verify the accuracy of this information. Quality ratings provided are for information purposes only, vary considerably from one country to another, and are not a guarantee or warranty of any kind. For instance;
(i) Quality ratings may be based on a range of subjective or objective criteria and as such, our ratings are not guaranteed to be consistent with ratings found on other third party sites. Where possible, TripAdvisor ratings and reviews have been provided to help you make an informed decision.
(ii) Information related to mapping and distances are also provided for information purposes only and are not a guarantee or warranty of any kind of the hotel’s location.
(iii) Images displayed on our site may comprise of the hotel’s rooms, suites, restaurants, guest facilities and surroundings. Again, we do not check or verify these images. Please note that the room images displayed may not depict the actual room you have booked.
(c) Errors and omissions on our sites are corrected upon learning of the same. We reserve the right to cancel any reservation without liability or penalty to you, if an error or omission occurs in any of the circumstances outlines above.
9.4 Check in
You may be requested to contact a hotel prior to your arrival if you are arriving outside of the property’s normal reception hours or if check in is at an alternative location after hours. If you fail to make arrangements for check in with the hotel you have booked, we reserve the right to refuse a refund and will not be responsible for the cost of relocation.
Upon check in, a hotel may require you to present government-issued ID and/or a credit card/cash deposit to cover incidental expenses during your stay. The credit card/cash deposit is not related to payment received by us.
A hotel may also ask you to present government issued ID that matches the name on your booking.
If you fail to provide either of the above to the hotel, you may be denied check in. In these instances we may refuse to provide a refund and we cannot be held liable for any costs (e.g. for relocation to another hotel) incurred as a result.
We remind you that we are an intermediary only, and upon booking, your contract is between yourself and the hotel you have booked. If the services provided by the hotel fall below your expectations, it is your responsibility to raise this with the hotel during your stay. If you fail to provide the hotel with reasonable opportunity to resolve your complaints, our ability to request a refund after you have checked out will be limited and may not be possible at all.
9.5 Renovations and Closures
We endeavour to make any information related to renovations or facility closures available to you on our site. Periods of closure are advised by our suppliers and/or the hotel and may be subject to change without notice.
In the unlikely event of relocation due to a hotel’s inability to accommodate you, we reserve the right to provide you with a suitable alternative hotel or provide a full refund. You do not have to accept an offered alternative; in that instance, we will provide you with a full refund of the value of the original hotel booking that is unable to be accommodated as booked.
9.7 Compulsory Special Events
Many hotels around the world require guests to pay for and attend celebratory events on special occasions such as Christmas Eve, Christmas Day, New Year’s Eve, Chinese New Year and Valentine’s Day. Room rates shown generally exclude the cost of attending these events. Please enquire directly at the hotel you have selected if you are planning to stay over festive periods.
9.8 Price Changes
Our system accesses rate and availability information from our suppliers. Due to the dynamic nature of rates and inventory, the room price may change while you are in the process of completing your booking. If this does occur, you will be advised of this price change before your booking is confirmed, and be given the opportunity to select another hotel or room type.
10.1 Non-excludable Obligations
(a) Certain laws imply terms (Non-excludable Obligations) into contracts for the supply of goods or services that cannot be excluded.
(b) Except in relation to Non-Excludable Obligations:
(i) Zuji makes no representations, warranties or guarantees in relation to the Travel Products, Packages or the availability, continuity, reliability, accuracy, currency or security of the Services; and
(ii) all warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law.
(a) To the maximum extent permitted by law, Zuji excludes all liability (including for negligence) for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment.
(b) To the maximum extent permitted by law, Zuji is not responsible or liable (including for negligence) to you for:
(i) any technical errors, corruption of data, unauthorised access to your personal data, inaccuracies in information supplied by third parties including by Third Party Providers, or failure by Zuji to complete Bookings (including if the Services are not available for any reason) where that failure is due to circumstances beyond its control;
(ii) the quality of the Travel Products, or any inconvenience caused or expense incurred to you or any third party as a result of any unsuitability of Travel Products for your needs, including for use in association with other travel services;
(iii) any failure or delay on the part of any Third Party Provider or hotels in providing Travel Products to you where your booking has been properly processed;
(iv) any acts or omissions of Third Party Providers, hotels or other third parties in the course of delivery of any Travel Products, except to the extent that responsibility for those matters may be imposed on Zuji by legislation that cannot be excluded.
10.3 Limitation of Liability:
To the maximum extent permitted by law, in no event shall the Zuji and Related Entities, and/or their 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 the Zuji and Related Entities, 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, if the Zuji and Related Entities 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 the Zuji and Related Entities’, and/or their respective suppliers’ liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Zuji and Related Entities in connection with such transaction(s) on this website, or (b) One-Hundred Dollars (AU$100.00).
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:
- 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;
- in the case of services:
i) the supply of the services again;
ii) the payment of the cost of having the services supplied again.
You agree to defend and indemnify the Zuji and Related Entities, and/or their 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:
- your breach of this Agreement or the documents referenced herein;
- your breach of any law or the rights of a third party; or
- your use of this Website.
11.1 Changes to these terms
Zuji may amend these terms at any time by posting the revised version of the agreement to the Website. The amended agreement will take effect from the time of posting on the Website.
You must not novate or assign any of your rights under these terms to a third party.
11.3 Governing Law
These terms are governed by the laws in force in Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning these terms.
11.4 Entire agreement
These terms and conditions constitute the entire agreement between the parties in relation to their subject matter.
Updated 28 July 2017