TERMS OF USE FOR EGENCIA AUSTRALIA WEBSITE
Welcome to the Egencia website (egencia.com.au) (the "Website"). This Website is provided solely to assist companies who subscribe to the Egencia service (each, a “Company”) to manage their business travel needs, including gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations for themselves or on behalf of others or otherwise transacting business with travel suppliers, and for no other purposes.
Effective July 17, 2008, Expedia Corporate Travel changed its name to Egencia. The change of name will have no effect on transactions conducted under our previous name. The terms "we", "us", "our", and “Egencia” refer to Expedia Corporate Travel Australia Pty Ltd, an Australian company and/or its affiliates (including, but not limited to, Expedia Corporate Travel, LLC, a United States company).
The term "you" refers to any employee of a Company visiting the Website, booking a reservation through this Website, and/or booking a reservation through Egencia agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use ") and your compliance with the terms set forth in your Company’s subscription agreement with Egencia. By accessing or using this Website in any manner, you agree to be bound by the Terms of Use. Please read the Terms of Use carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Terms of Use. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms of Use without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms of Use.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with the Terms of Use, (iv) you will only use this Website to make legitimate reservations for yourself or on behalf of those parties within your Company for whom you are legally authorized to act, (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) you will safeguard your Egencia account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. To the extent that you are making travel reservations on behalf of another employee of your Company (e.g., as a travel manager, assistant or other representative), you represent and warrant that such employee agrees to and is bound by these terms and conditions. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms of Use.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers or to your Company, those suppliers with whom your Company may have contracted directly with for travel services. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
PRIVACY POLICY
Egencia believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Expedia.com, to understand our practices: Privacy Policy
POLICIES
Your Company may provide Egencia with its applicable travel policies (“Corporate Travel Policies”). We will assist your Company to apply the terms and conditions of its Corporate Travel Policies when transacting business with you. If you have any questions regarding the rules and regulations of your Corporate Travel Policy, please contact your Company directly for clarification.
FARES & PRICES
Subject to the Note below, you acknowledge and agree that your credit card will be charged by Egencia, its related body corporate or the supplier(s) with which your booking is made for the total reservation price of the travel services in full at the time of the booking, which includes the price displayed on the Website, plus tax recovery charges, and service fees. The service fees compensate Egencia for its costs in servicing your travel reservation. Our service fees vary based on the amount and type of reservation.
Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.
Note: With the exception of certain booking fees as explained in the section below, in the event that you book an accommodation (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation).
ONLINE SERVICE FEES AND AGENT-ASSISTED SERVICE FEES
Certain fees charged to you by Egencia with respect to your reservations, such as airline booking fees and agent-assisted fees, may be subject to applicable Australian GST.
Other service fees charged separately to you by Egencia pursuant to a separate agreement may be subject to applicable Australian GST.
TAX RECOVERY CHARGE
Except as otherwise noted in the service fees section above, you acknowledge that Egencia does not collect taxes for remittance to applicable taxing authorities. The tax recovery charge on travel services is a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Egencia pays to the vendors (e.g., hotels, etc.) in connection with your travel services reservations. The vendors invoice Egencia for tax amounts. The vendors remit applicable taxes to the applicable taxing authorities. Egencia does not act as a co-vendor with the supplier with whom we book or reserve customer's travel arrangements. Taxable goods and services and the relevant tax rate vary greatly by location. The actual tax amounts paid by Egencia to the vendors may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the travel services by our customers.
PREPAID HOTEL RESERVATIONS
You acknowledge that hotel suppliers make certain room rates available for booking through Egencia. The room rate displayed on the Website is a combination of the room rate made available by a hotel supplier through Egencia and facilitation fees retained by Egencia to compensate us for our services. You authorize Egencia to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, and service fees. We retain our service fees as additional compensation in servicing your travel reservations. Our service fees vary based on the amount, type and location of the hotel reservation. You agree that your credit card will be charged by Egencia for the total reservation price. Upon submitting your reservation request you authorize Egencia to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that Egencia does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Egencia pays to the hotel supplier in connection with your hotel reservations. The hotel suppliers charge Egencia for tax amounts. The Hotel suppliers remit applicable taxes to the applicable taxing jurisdictions. Egencia does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Egencia to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival), you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with Egencia or its subsidiary, as appropriate, no later than the date of the first night of the reservation to prevent cancellation of your reservation. You must make refund requests for no-shows or early checkouts within 60 days after checkout.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
TRAVEL DESTINATIONS
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travellers should review any travel prohibitions, warnings, announcements and advisories issued by the Commonwealth Department of Foreign Affairs and Trade prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the Australian Government’s travel advisory and consular assistance service website currently located at http://www.smarttraveller.gov.au.
By facilitating the sale of travel to particular international destinations, Egencia 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.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, EGENCIA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
DISCLAIMER
To the maximum extent permitted by law, in particular, Egencia, its subsidiaries and corporate affiliates (collectively, the "Egencia Companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "Egencia Affiliates"), and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Egencia Companies or the Egencia Affiliates. All such information, software, products, and services are provided "as is" without warranty of any kind.
To the maximum extent permitted by law, the Egencia Companies, the Egencia Affiliates, and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Egencia Companies, the Egencia Affiliates, and/or their respective suppliers are free of viruses or other harmful components.
To the maximum extent permitted by law, the Egencia Companies, the Egencia Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
The information, software, products, and services published on the Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, the Egencia Companies and Egencia Affiliates do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the hotel, air, cruise, car and other travel products displayed on the Website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. In addition, we expressly reserve the right to correct any pricing errors on our Website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Any hotel ratings displayed on the Website are intended only as general guidelines, and the Egencia Companies and Egencia Affiliates do not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. To the maximum extent permitted by law, the Egencia Companies, the Egencia Affiliates, and their respective suppliers make no guarantees about the availability of specific products and services. The Egencia Companies, the Egencia Affiliates and/or their respective suppliers may make improvements and/or changes in the Website at any time.
The carriers, hotels and other suppliers providing travel or other services through the Website are independent parties and not agents or employees of the Egencia Companies or the Egencia Affiliates. The Egencia Companies and the Egencia Affiliates, to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Egencia Companies and the Egencia Affiliates, to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Important: These Terms & Conditions and foregoing disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law (including your statutory rights under any applicable national or local legislation (including the Trade Practices Act 1974 (Cth)).
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall the Egencia Companies, the Egencia Affiliates, 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 the Website or with the delay or inability to access, display or use the 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 the 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, or otherwise, and even if the Egencia Companies, the Egencia Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Egencia Companies, the Egencia Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the Egencia Companies, the Egencia Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Egencia in connection with such transaction(s) on the Website, or (b) One-Hundred Dollars (AU$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Egencia Companies, the Egencia Affiliates, and/or their respective suppliers.
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:
(a) in the case of products:
(i) the replacement of the products or the supply of equivalent products;
(ii) the payment of the cost of replacing the products or acquiring equivalent
products;
(b) in the case of services:
(i) the supply of the services again;
(ii) the payment of the cost of having the services that are at issue supplied
again.
INDEMNIFICATION
You agree to defend and indemnify the Egencia Companies, the Egencia Affiliates, 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:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of the Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Egencia. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of 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. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available on this Website ("Software") is the copyrighted work of Expedia, Egencia Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Egencia Companies, Egencia Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Egencia Companies, the Egencia Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2008 Expedia, Inc. All rights reserved. Expedia, Inc. is not responsible for content on websites operated by parties other than Expedia, Inc. Expedia, Expedia.com, Egencia, and the Airplane logo are either registered trademarks or trademarks of Expedia, Inc. in Australia, the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, please click here for additional information: Copyright Complaint Policy.
GENERAL
Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement. Microsoft reserves the right to change the Microsoft Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information: Microsoft Terms of Use and Microsoft Privacy Statement.
The Website is operated by a U.S. entity and this Agreement is governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
Egencia may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Egencia or any of its affiliates as a result of this agreement or use of the Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of the Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Egencia with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
CONTACTING EGENCIA
Attn: Egencia Consultants
95 Pitt Street
Level 4 - Ste. 4A, 4E, & 8
Sydney, New South Wales 2000
Australia
Phone number: 1300 130 318
Revised July 17, 2008
©2008 Expedia, Inc. All rights reserved.