YOU Travel Whangarei Terms & Conditions (Consumer)
In these booking terms and conditions, and website terms and conditions Roseman and Warren Travel Ltd (NZBN: 9429037087579) trading as YOU Travel Whangarei and entities that are related or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions “ YOU Travel Whangarei”, “we”, “our” or “us” and a person accessing our website at www.youtravel.co.nz/whangarei, requesting or obtaining the services offered by YOU Travel Whangarei, and all other persons (if any) included with that person in the request or booking are included in the expression “you”, “your” or “passenger”.
BOOKING TERMS & CONDITIONS
We may amend these terms and conditions at any time by providing you at least 30 days’ prior notice of the change, whether via our website or by sending you an email. Your continued use after that notice means that you agree to the changed terms and conditions.
1. YOU Travel Whangarei arranges bookings, ticketing and other ancillary services of and for travel, accommodation and other leisure activities (“Arrangements”). YOU Travel Whangarei is neither a common carrier nor a private carrier and does not provide any of the cruise travel, accommodation or other activities described on our website (“Travel Products”). Our website includes any other online platforms offered by us from time to time, including, but not limited to Facebook, Twitter and Pinterest. YOU Travel Whangarei acts as agent for third party suppliers who provide Travel Products as principals (“Suppliers”).
2. Travel Arrangements & Travel Products: By making a booking for Arrangements for yourself or on behalf of others, you agree that all persons named in the booking:
- have read these terms and conditions and agree to be bound by them;
- are over the age of 18 years of age.
All Travel Products arranged by YOU Travel Whangarei are provided by Suppliers believed by YOU Travel Whangarei to be reputable and to operate in accordance with the standards set down by their own local authorities. Those Travel Products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and YOU Travel Whangarei accepts no responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those Travel Products is against those Suppliers and not against YOU Travel Whangarei. YOU Travel Whangarei recommends that all passengers take out adequate travel insurance cover valid for the entire duration of their Arrangements.
3. Quotation, Changes in Price & Itineraries: Prices are in New Zealand Dollars (except where stated otherwise). A quote is an indicative price only and prices may change up until the time a booking is successfully made (i.e. Peak demand periods, fees and taxes, exchange rate fluctuations and changes in surcharges.). Prices are accurate at the time of booking. Government taxes and charges imposed by Suppliers or third parties, including airline fuel surcharges, taxes or ticketing fees are subject to change. If any increase in such taxes or charges or any currency fluctuation increases the price of your booking, YOU Travel Whangarei reserves the right to adjust your price by including additional charges, together with any applicable service fee and GST, at any time prior to and including the date of your departure, even if we have received full payment from you. We will notify you of schedule or price changes made by our Suppliers for any reason beyond our control. If the change or changes result in your Arrangements being materially different from those prior to the change or changes being effected (and in respect of which we have already accepted your deposit or balance of payment) you may rearrange them or withdraw and monies already paid will be refunded less any charges levied by Suppliers and fees charged by YOU Travel Whangarei (refer to point 12). The Company reserves the right to correct any errors in amounts quoted, calculated or billed in respect of a booking, even if full payment has been made.
4. Passenger Details & Passport Checks: It is mandatory that all names used to make a booking are exactly as those appearing in the passengers’ passports. You must pay YOU Travel Whangarei the name correction/change fee for any name or spelling changes in addition to any re-issue fee charged by an airline or Supplier if these were incorrectly supplied at time of booking (refer to point 12).
5. Cabin Guarantee (GTY): On a variety of cruises a booking may have been confirmed as a GUARANTEE. Also known as a GTY basis, the cruise line is accepting your booking for that particular grade of accommodation or higher, rather than assigning a specific cabin number. For example, you may book a stateroom of a guaranteed category type (i.e. Oceanview, Balcony, etc.), on your chosen sailing, however, the exact grade and cabin number are not allocated at the time of booking and can be allocated by the cruise line at any time up until the check-in port for boarding. With a guarantee cabin, a customer will not be allocated any cabin BELOW this grade. Ensure you check the deck plans to confirm if you are happy to book a cabin with an obstructed view. Please be advised a cabin number will be assigned to you and you cannot request a specific cabin number(s). If for some reason (i.e. oversold cabins), the supplier assigns a cabin that is below the category booked, it is up to the supplier’s discretion to provide compensation and cannot be guaranteed.
6. Payment: All payments must be in New Zealand Dollars (NZD$). Credit & Debit Card payments: Up to 3% non-commissionable surcharge applies to all payments by credit and debit cards. Surcharge percentage details are outlined on your invoice terms & conditions. This surcharge is calculated at the time of payment. This surcharge is not refundable in any circumstance. In the circumstance where the due date falls over a weekend and or public holiday, it is your responsibility to ensure YOU Travel Whangarei has received payment in advance, within YOU Travel Whangarei’s business hours. We cannot guarantee we will be able to extend any missed payment due dates set by the Supplier in conjunction with YOU Travel Whangarei’s terms and conditions. For direct bank transfer payments, we require the booking number and lead passengers name in the reference area when making a bank transfer (i.e. CC-TDVI6DE Jones). Failure to enter the necessary information may result in the booking being cancelled if the payment cannot be identified and allocated.
7. Deposit: The Deposit must be paid by the date outlined on your invoice. Any additional deposit required by a Supplier must be paid within the timeframe required by the Supplier. You will be notified if any additional deposit (including Supplier advance payment) requirements apply. If the deposit or any Supplier advance payment or additional deposit has not been received by YOU Travel Whangarei within the time specified by us, the booking is subject to cancellation without notice.
8. Final payment: The balance of the price of your Arrangements is payable to YOU Travel Whangarei by the due date stated on your invoice. If for any reason we have not received payment by the due date, we reserve the right to treat the booking as cancelled and you must pay the appropriate cancellation charges. Surcharge Rate: MasterCard and Visa 1.5% non-commissionable surcharge*, American Express 3% non-commissionable surcharge*
*Surcharge not shown on the invoice, calculated at the time of payment, surcharge is non-refundable.
NOTE: All payments must be made by 2pm NZST (Mon-Fri) on the invoice due date, to avoid auto cancellations by Suppliers. If a payment is made after 2pm NZST on the invoice due date, you must call through to our reservations team on 0800 362 599 to advise us of payments made.
9. Exchange Rates: YOU Travel Whangarei will re-cost all applicable booked services at the prevailing exchange rate, should there be an exchange adjustment which is out of our control, we will provide you with a new invoice reflecting any adjustments.
10. Travel Documents: When applicable, all passengers must complete the cruise registration for the specific cruise line Supplier you are travelling with in order for the travel documents to be released from Supplier*. Once travel documents are available from the Cruise line, YOU Travel Whangarei will electronically send the soft copy to you. Should you require printed documents, for all bookings please contact our documentation team to request. For all printed documentation requests, a NZ$20 fee per cabin will be incurred.
All early printed travel document requests must be emailed to [email protected] a minimum of 4 weeks prior to departure. In order to prioritise early documentation requests, please attach a copy of your e-tickets or itinerary (this is a requirement of the cruise line). Alternatively, please call us on 0800 362 599.
*A New Zealand residential address MUST be entered into your cruise registration.
11. Late Bookings: Bookings made within 90 days of departure will only be accepted if payment of the price in full is received by YOU Travel Whangarei at the time of booking. If a booking is made within 7 days of departure, you must provide a credit card or other means approved by YOU Travel Whangarei that secures payment of any cancellation fees if the booking is subsequently cancelled. Some bookings made within 7 days of departure may incur a service fee of NZ$50 (inclusive of New Zealand GST) applies.
12. Cancellations, amendments, reissues & other services: If you cancel or terminate your Arrangements, you must notify YOU Travel Whangarei in writing by emailing [email protected] Cancellations are not confirmed until YOU Travel Whangarei has emailed a cancellation confirmation to you. Cancellations will incur a YOU Travel Whangarei fee of NZ$100pp, in addition to the Supplier’s cancellation fees. In most cases there will be cancellation fees charged by Suppliers, such as cruise lines, airlines, hotels and ground operators of all or part of the price paid. This will delay the payment of any refund due. For this reason YOU Travel Whangarei strongly recommends that your travel insurance policy includes cover for cancellation charges in the event of cancellation due to illness or other circumstances. Amendments – Any amendments to bookings, including but not limited to, changing the booking dates, Supplier, or any passenger related amendments, will incur a fee of NZ$50pp per amendment. NOTE: Where a cruise line releases a promotional fare after you have booked, any transfer of that booking to a promotional rate on the same or new cruise is regarded as a cancellation of the first booking and subject to cancellation fees (mentioned above). Some cruise lines have strict policies regarding rebooking a cruise on promotional rates.
13. Groups: YOU Travel Whangarei will accept group bookings on a case by case basis. An upfront, non-refundable deposit of NZ$100 per cabin (in addition to the supplier deposit) is required to secure a group booking. Any amendments to the group booking once it has been secured will also incur a fee of NZ$50pp per amendment.
14. Refunds: No refund is available for cancellations after your travel has commenced or in respect of any travel arrangements, tours, accommodation, meals or any other services not utilised whether by choice, or because of late arrival or early departure, including failure of any transport to operate according to schedule. Refunds can take up to 90 days to process from the Supplier. Please note that employees of any Supplier are not authorised by YOU Travel Whangarei to make any undertakings in respect of refunds or other matters on behalf of YOU Travel Whangarei.
15. What’s Not Included in the Price: Airfares, transfers, pre and post accommodation and any other services not otherwise stated or paid for on your quote/booking invoice. This may also include anything not specifically included in the Arrangements such as excess baggage, airport taxes, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, gratuities in some cases, tips to tour directors, motor coach drivers and local guides and all other items of a personal nature including expenses, fees or costs incurred in case of illness. Items not included on regular menus; expenses for additional sightseeing not specified in the itinerary, premium spirits and premium wine (please refer to complimentary beverage program if applicable), any drinks or meals not detailed in the itinerary; and health, accident, baggage, or travel protection plans.
16. Gratuities (unless otherwise stated): Gratuities for onboard and onshore personnel (including but not limited to ship staff, crew, cruise/tour manager, local experts, and drivers) are not included in travel arrangements. When gratuities are included they may not cover all services or gratuities, both during the cruise and tour as well as on any pre or post-cruise land extensions. Some cruise lines have mandatory onboard gratuities. If your fare includes gratuities as a prepayment, this will be outlined on your booking confirmation.
17. Insurance: We highly recommend you arrange travel insurance against loss of deposit and cancellation charges, baggage loss, theft, accident, injury and medical expenses. You must arrange your own insurance. YOU Travel Whangarei makes no representations or guarantees concerning risks covered or reimbursement available under any insurance and you must satisfy yourself in that regard. You agree not to hold YOU Travel Whangarei responsible for any decision made by insurers, and/or by any Suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies. YOU Travel Whangarei can provide insurance letters as required, less the cancellation charges imposed by us after a fully paid booking is cancelled.
19. Health & Vaccinations: Are recommended for certain destinations. Please contact your local GP or www.safetravel.govt.nz for more information on these requirements. Please note that some vaccinations may be required weeks in advance of travelling. To ensure the safety of all travellers it may be necessary for YOU Travel Whangarei or its servants and agents to disclose particulars of your health or any medical condition to Suppliers of other services forming part of your travel arrangements.
20. Description of Products: Descriptions and standards provided for cruise lines, hotels, transfers, activities, airfares and other Suppliers are obtained directly from our providers. Any facilities shown as included are subject to change at any time. YOU Travel Whangarei does not guarantee the standard, class, type for any purpose or service.
21. Room Bedding Guide: Prices are based on existing bedding in the room which is provided purely as a guide only. Requests for particular arrangements must be made at the time of booking. E.g. twin (separate beds) or a double bed. Requested arrangements cannot be guaranteed, as hotels and cruise cabins may have limited availability of bedding types. Additional rollaway beds for triple share hotel room stays may be arranged at time of check-in and charges are payable direct to the hotel.
22. Hotel Check-In: To guarantee charges for incidental items, Suppliers usually require validation of a current credit card upon check-in.
23. Accommodation & Other Services: As standards of accommodation, facilities and services within your Arrangements are based on various factors, YOU Travel Whangarei makes no specific representation with respect to fit for purpose of any that are available or provided. Reference to facilities in hotels such as gyms, spas or saunas does not imply their use is free.
24. Variations: If unforeseen circumstances beyond our control require us to make necessary changes to your Arrangements, we reserve the right to cancel or reschedule departures and itineraries. Where it is necessary to change a hotel YOU Travel Whangarei reserves the right to substitute accommodation of at least a similar standard.
25. Frequent Flyer Points: Airfares may or may not attract frequent flyer points. This decision rests with the airline and is not the responsibility of YOU Travel Whangarei. You must check with the airline and provide the necessary information as required.
26. Law and Jurisdiction: These booking terms and conditions, together with any amendments agreed in writing by an officer of YOU Travel Whangarei, constitute the entire agreement between the parties and shall be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these terms and conditions.
27. Complaints: We endeavour to ensure that the travel arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the Supplier. If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the Supplier to resolve it) with YOU Travel Whangarei within 30 days of return to New Zealand.
28. Airfare Terms and Conditions: Airfare pricing is displayed per person in NZD and includes all air taxes and surcharges. Pricing also includes a compulsory ticketing fee of NZ$10 per person per ticket. Airfares displayed and booked online are subject to change and auto-cancellation until paid in full and tickets are issued. Passengers will be bound by each airline’s terms and conditions which can be found online at each airline’s website. The amount of checked baggage you are permitted depends on the class of travel and destination as outlined by the airline carrier. All flights are subject to cancellation and schedule changes by the airline at any time up until date of travel. Subject to the airlines terms and conditions, alternative travel arrangements may be offered. Voluntary cancellation and amendments to ticketed fares will be subject to mandatory airline fees. In addition to airline charges there will be additional fees charged by YOU Travel Whangarei. These include a reissue fee of NZ$20 per person per ticket after ticketing and a refund fee of NZ$30 per person per ticket. These fees are in addition to the change and amendment fees mentioned in point 12. Airfares included as part of an advertised packaged product are correct as of time of publication and are subject to change and availability upon booking.
RESPONSIBILITIES & LIMITATIONS OF LIABILITY
29. YOU Travel Whangarei agrees to make bookings for the passenger with the Suppliers offering Travel Products described on our website and as per these terms and conditions. All coupons, exchange orders, contracts, tickets or vouchers issued by YOU Travel Whangarei on behalf of a Supplier, including electronic issue (collectively “vouchers”) are issued subject to all the Supplier’s terms and conditions, which can be found online at each Supplier’s website, which may exclude liability for any acts, omissions or defaults (whether negligent or otherwise) and which are subject to the applicable laws, requirements and policies of governments, governmental authorities or their employees, including visa, entry, exit or transit requirements. Those terms and conditions constitute the sole agreement between you and the Supplier and the initial payment of deposit and/or acceptance of such coupons, exchange orders, contracts, tickets or vouchers constitute confirmation of such terms and conditions. We recommend that you read each Supplier’s terms and conditions before making a booking.
30. We are responsible to the passenger for arranging supply of the services described on our website, except where such services cannot be supplied or the itinerary is changed due to delays or other unforeseen causes or nature beyond the control of YOU Travel Whangarei. In such circumstances, upon request, YOU Travel Whangarei will do its best to arrange supply of comparable services and itineraries, but there shall be no refund.
31. We accept no responsibility for and to the extent permitted by law excludes all liability of every nature including but not limited to liability in contract, tort or under any law for all loss of every nature, including but not limited to death, injury, damage, delay, additional expense, inconvenience, distress or disappointment resulting from or because of the acts, omissions or default (whether negligent or otherwise) of any person over whom YOU Travel Whangarei has no direct control, being acts, omissions or defaults occurring in connection with any Travel Product or in connection with any goods or services forming part of any Travel Product arranged by YOU Travel Whangarei including, but not limited to, those of any governmental authorities, travel agents, airlines, air carriers, coach operators, land carriers, shipping companies or operators, cruise or ferry operators, other transport providers, hoteliers or other providers of accommodation, providers of meals, other facilities, excursions or optional services, and of every officer, employee or agent of all of them.
32. If the law implies a condition or warranty that cannot be lawfully excluded, YOU Travel Whangarei’s liability for a breach thereof will be limited, as determined by YOU Travel Whangarei, to re-supply of the goods or services the subject of the Arrangement or payment of the cost of their re-supply.
33. YOU Travel Whangarei accepts no responsibility or no liability of any nature, including but not limited to liability in contract, tort or under any law for any loss of the nature described in paragraphs 16, 27 or 29 hereof resulting from or because of: (a) the acts, omissions or defaults of any passengers; or (b) any other events which are beyond YOU Travel Whangarei’s control including, but not limited to, war, civil disturbance, fire, floods, severe weather conditions, acts of God, acts of terror, acts of government or any other authorities, industrial action, failure of equipment or machinery.
34. Nothing in these terms and conditions is intended to limit YOU Travel Whangarei’s rights under any applicable law.
35. Any failure by YOU Travel Whangarei to exercise or any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
36 If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms and conditions remain in full force and effect.
36. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.
37. Every effort is made to ensure website accuracy at all times. However, YOU Travel Whangarei cannot be held responsible for loading, printing or typographical errors or errors arising from unforeseen circumstances. No airline by virtue of being depicted on our website represents itself either as contracting, or having any other legal relationship, with you.
WEBSITE USAGE TERMS AND CONDITIONS
Please read these website usage terms and conditions (Website Terms) carefully before using or obtaining any materials, information, products or services through our website. Our website includes any other online platforms offered by us from time to time, including, but not limited to Facebook, Twitter and Pinterest.
We may amend these Website Terms at any time by posting the revised version of the Website Terms on our website. The amended Website Terms will take effect from the time of posting on our website.
1. Website Availability: Our website will only be available at such times as we may decide, and we do not guarantee that our website, or any website content, will always be available or be uninterrupted. We may suspend our website at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our website at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure that our website is available to you at any time.
2. Your systems: You are responsible for making all arrangements necessary for you to have access to our website, including compatible software and arranging internet access. You are also responsible for ensuring that all persons who access our website through your internet connection or computer are aware of these terms and conditions, and that they comply with them.
3. No misuse: You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. Such an act may also be a criminal offence under the Crimes Act 1961. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.
4. Mandatory Information: When completing any enquiry, booking or any other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and are denoted by an asterisk (*) or in bold font. You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where any information is not marked with an asterisk then such information is optional, and you need to fill it in if you wish to do so.
5. Accuracy of your information: When you submit any information to us, including in connection with a registration, enquiry or booking, you must ensure that it is true, accurate, current, and complete in all respects, and you represent that it is. We will rely on your information provided.
6. Error Correction: When you are carrying out any enquiry, booking, order, registration or another process on our website, you may at any time before submitting use the back button on your browser to go back and correct or change any information. If you think there is any error in your information provided after you have submitted it, you can contact us at any time to correct it. Correction may be subject to amendment fees based on a Supplier’s (as such term is defined here terms and conditions and at times YOU Travel Whangarei may impose additional fees, which will be displayed on our website or otherwise advised so that there are no surprises.
7. Requirement for registration: To use some of the services or features made available to you on our website (such as accounts, forums, memberships, review/comment functionality, and loyalty programs) you may need to register with our website and accept these terms and conditions as notified to you at the time of registration. We may accordingly restrict access to some parts of our website and functionality on our website to persons who have registered with us for access to that part or functionality.
8. Updating your information: Should any of your registration information change, please contact us at [email protected] to change your registration information.
10. Suspension and Termination: We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our website at any time and for any reason, with or without prior notification to you.
11. Ordering process: Our website is not a legal offer. To make a booking with or through us or otherwise order from us using our website you must follow the procedure set out on our website, and a contract will not be formed except in accordance with the procedure explained on our website.
13. Not advice: Our website content is provided for general information only, with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk.
14. Validity and Change: Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether expressed or implied that the content on our website is accurate, complete or up-to-date. In any event, our website content is only valid at the time it is downloaded, and may change on a subsequent visit to our website. We shall be entitled to change our website content from time to time, and cease providing any particular website content (including part, functionality or service of our websites), without notice, and for any reason.
15. Errors: We do not guarantee that our website or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you have submitted or contract you have entered into with us on the basis of it. If any correction affects any booking or order you have submitted or contract you have entered into with a Supplier to your material detriment, then we will give you the opportunity to amend the booking, order or contract rather than accept the change.
16. Viruses: Whilst we make all reasonable attempts to exclude viruses from our website and website content, we cannot ensure that there will be none, or that our website will not be subject to unauthorised access or modification. Thus, you are recommended to take all appropriate safeguards on your computer or other device (including installing appropriate protective software) before downloading any of our website content. We also do not guarantee that any linked website will be free from viruses, or that access to our website or any linked website will be uninterrupted.
18. Our Copyright: You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content (and in the selection and arrangement thereof) is and remains our sole and absolute property. You are granted no right, licence or interest in or to our website content or any intellectual property rights in it, except for the browsing licence detailed below, and all other rights are reserved. In particular, you are not permitted to screen grab or otherwise copy or use our website content except for the purposes of browsing our website as a customer or potential customer under the licence below, or where requested by a member of YOU Travel Whangarei for the use of troubleshooting errors relating to our website.
19. Browsing Licence: We hereby grant you a licence to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, for the purposes of enabling you to browse and use our website as a customer or potential customer whether online or offline. You are also permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your own private records and future reference, provided that you are again doing so as a customer or potential customer. Except for as expressly provided by the foregoing licence, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our website, or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We may terminate the above download licences at any time.
20. Linking to our site: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
21. Use of our website: You agree to use our website only for lawful purposes reasonably connected to the intended purposes of our website, and you must not use our website for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our website or any underlying systems. You must not use our website to market or advertise any third party, including any products or services.
22. Community functionality: We may offer comment and review facilities, message boards, forums, photo galleries and other community functionality from time to time, which enable you and others to post content to our website. As we are sure you are aware, anything you post online is available to be viewed by anyone and may be subject to moderation or deletion by us at any time. You are responsible for your use of all community functionality and for all of your communication and activity on and pursuant to our website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise breach these terms and conditions, we may deny you access to our website on a temporary or permanent basis. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using our community functionality, and never make any assumptions about them. The views expressed by other users on our website do not represent our views or values.
23. Your Content: You shall ensure that anything you post to our website (including text and pictures), whether through any community functionality or otherwise: (a) reasonably relates solely to us and our products and services; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or libellous, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people’s privacy; (f) capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trademarks or our website content; (h) is not personal data of a third party; (h) is not using our website to promoting and advertise any businesses, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software. Any content you upload to our community functionality will be considered non-confidential.
24. Licence of your content: In relation to anything you post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty-free, transferrable, licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our website (including sending in photos to any photo gallery), you understand that such content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation to such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.
25. Indemnity. You agree to indemnify and hold Creative Cruising and our officers, employees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any material or information you submit or transmit through our website or, your use of our website, your connection to our website, your breach of these Website Terms, or your breach of any rights of any third party, or your act, omission or negligence.
27. Nothing in these Website Terms is intended to limit YOU Travel Whangarei’s rights under any applicable law.
28. Any failure by YOU Travel Whangarei to exercise or any right or provision of these Website Terms shall not constitute a waiver of such right or provision.
29. If any provision of these Website Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms and conditions remain in full force and effect.