This website at www.byojet.co.nz (“Site”) is owned and operated by BYOjet Travel NZ Limited trading as BYOjet NZ Company no. 3761557, a New Zealand corporation with its registered office at Level 2, 124 Vincent Street, Auckland, 1010, New Zealand ("we", "us").
1. Transactions using this Site
a. All transactions are subject to our Booking Terms and Conditions (where applicable, these are available on this Site) and those of the relevant third party service provider(s) (collectively, "Terms and Conditions").
b.You agree that you will not challenge the validity or enforceability of any contracts entered into on or through this Site, including without limitation any Terms and Conditions, on the basis of them being in electronic format and not physically signed or sealed.
2. Use of this Site
As a condition of you using this Site, you represent, warrant and agree that:
a. you are of sufficient legal age to use this Site and create legal binding obligations for any liability you may incur as a result of using this Site;
d. you will not use this Site for the purposes of reselling or making speculative, false or fraudulent enquiries, requests, bookings or transactions, or bookings or transactions in anticipation of demand;
e. you will not impersonate another person or otherwise use another person's name, identification or log-in details without their permission;
f. all information you provide on this Site is true, accurate, current and complete, and, in the case of information you provide about other person(s), you are authorised to provide such information;
g. you will not knowingly introduce, or attempt to introduce, to or through this Site any virus, worm, trojan or other malicious code or disabling feature and you will not otherwise use any device, software or routine to interfere, or attempt to interfere, with the proper working of this Site or any booking or transaction being conducted through this Site;
h. you will not take any action that imposes, or may impose, in our absolute discretion, an unreasonable or disproportionately large load on this Site's infrastructure;
i. you will not frame this Site as part of another site or cache this Site for commercial benefit without our express written permission;
j. you will not access, monitor or copy any content or material on this Site using any robot, scraper, spider, program, algorithm or other automated means for any purpose without our express written permission;
k. you will not tamper with, hinder the operation of or make unauthorised modifications to this Site, including without limitation, deletion of content, data or infrastructure of this Site without our permission;
l. you will not post or transmit to or through this Site any material which is unlawful, threatening, defamatory, obscene, indecent, inflammatory or pornographic or which may breach any third party rights (including without limitation intellectual property rights and obligations of confidentiality owed to third parties) or take any action that could be a criminal offence, give rise to civil liability, breach any applicable law or which is otherwise intended to annoy, disrupt or harm us or others; and
m. if you have a log-in account for this Site, you are responsible for maintaining the confidentiality of your log-in details and for all activities that occur using your log-in account.
2.3 Without limiting the foregoing, if your booking or transaction or any activity using your log-in account for this Site (if applicable) indicates signs of fraud, abuse or unlawful or suspicious activity, we reserve the right to: (a) verify (i.e. pre-authorise) your payment card; (b) cancel your booking, transaction or any service you have attempted to use on or through this Site; and/or (c) report the matter to law enforcement agencies.
3. Site Content
3.2 This Site displays information about travel locations, airfares, travel agents locations, flight times and dates, tours, packages, insurance, cruises, transportation, foreign currency, schedules, travel companies, information about us and many other things. Much of the content on this Site is supplied to us by third parties. Therefore, although we take reasonable care to ensure all content on this Site is correct and up to date, we cannot check the accuracy of all such information where it is provided to us by third parties and do not accept responsibility for such information. Third party providers may change their prices, details of their services and products and other information displayed on this Site at any time. For this reason, all prices displayed on this Site are subject to change without notice and are subject to availability. We accept no responsibility for information supplied to us by third parties. We recommend you confirm all information contained on or linked from the Site with the relevant third party provider.
3.3 This Site may include links to third party websites which are not related to us and in relation to which we have no control or interest. These links are provided for your convenience only. The appearance of these links on this Site does not indicate any relationship between us and that third party or any endorsement by us of that third party, its website or its products or services.
3.4 Where we display special deals on this Site, these are usually available for a specified period only or until availability is exhausted. We recommend you check with us whether a special displayed on this Site is available when you would like it. Please check the details of the special deal for additional terms, conditions and restrictions which may apply to the special deal.
4. Prices, Travel Restrictions and Conditions
4.1 Restrictions and conditions apply to all of the travel products and services offered on this Site and such restrictions and conditions may affect the prices set out on the Site. To determine the applicable restrictions and conditions you must contact us or the relevant third party provider.
4.2 The airlines and other third party providers of travel and travel related services may change their prices, details of their packages, tours, flights and other information displayed on the Site at any time. For this reason, all prices displayed on the Site are subject to change without notice. All travel products and services described on the Site are subject to availability.
4.3 We will endeavour to notify you of all relevant taxes, airport charges and any other additional costs when you confirm your booking with us (as at that date) but these may be subject to variation prior to your departure.
4.4 You are responsible for obtaining all passport, visa and health information that you may require. We may assist you to obtain such information, however the final responsibility for obtaining the necessary information and complying with any passport, visa and health requirement remains with you.
5. Interactive Facilities and User Content
5.1 The functionality provided on this Site may include interactive communication facilities such as blogs, discussion groups and other communication forums where individuals may submit or post reviews, plans, comments and other information (collectively, “Interactive Facilities”).
5.2 You are solely responsible for your use of any such Interactive Facilities and agree that you use them at your risk.
5.3 You agree that, by submitting, posting or otherwise providing any message, blog, data, information, recommendations, opinions, reviews, news articles, directories, guides, text, music, sound, photos, video footage, art, illustrations, imagery, design, graphics, logos, audio clips and images, code or other material (“Content”) to or through this Site (including by using Interactive Facilities), You:
(a) grant to us and our affiliates (including, without limitation, our related entities) a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, broadcast, communicate, create derivative works from, publicly display and perform such Content throughout the world in any media, for any purpose whatsoever (“Licence”);
(b) expressly acknowledge that we may sub-license our rights under the Licence to third parties who may make use of the Content consistent with the Licence including, by way of example, on websites, in a written publication, compilation of works, training materials, film, television program, script or screenplay of either ourselves or a third party expressly authorised by us;
(c) grant us and our affiliates and sub-licensees the right to use your name or any other name that you submit in connection with such Content, at our discretion;
(d) waive any entitlement to any moral rights you may have as an author of the Content (and warrant that you have obtained a waiver of moral rights from any person who may have such rights in the Content); and
(e) agree that we are under no obligation to treat the Content as confidential.
5.4 We reserve the right to, at our absolute and unfettered discretion, remove, screen, edit or refuse to post without notice any Content submitted to, posted or stored on this Site (including the Interactive Facilities) at any time and for any reason. We accept no responsibility or liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage to any such Content. We accept no responsibility for statements, representations or other Content provided by you or other users of the Site, including individuals using Interactive Facilities. We reserve the right to disclose any Content as necessary to satisfy any applicable law, regulation or lawful request. You shall be solely liable for any damages resulting from any infringement of copyright, trade mark, or other proprietary or other right or loss or damage in connection with your use of this Site or submission of Content.
6.1 We do not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) which cannot be excluded, restricted or modified. However, to the fullest extent possible, and subject to our liabilities and obligations under the ACL:
(a) We do not warrant the accuracy, currency or completeness of the content which you access through this Site. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at our sole discretion and without notice.
(b)We will have no responsibility or liability in relation to any loss or damage that you incur, however caused, including damage to your software or hardware, arising from your use of or access to this Site.
(c) We do not warrant that functions of this Site, or which you access through this Site, such as hyperlinks, will be uninterrupted, timely or error free, that defects will be corrected or that we or the server that makes it available, are free of viruses or bugs. Because of the nature of the Internet, we do not warrant that this Site will be secure and we will not be liable for any disruptions to the Site.
7.2 We may disclose aggregated information about users and use statistics relating to this Site and aggregated information about our sales and trading patterns to others.
8.1 The online transaction/booking facilities of our third party providers utilise Secure Sockets Layer (SSL) encryption to ensure the security of all online booking transactions. SSL encryption is automatically enabled whenever the user submits confidential information to us via the Internet.
8.2 Within our online transaction/booking facilities there are two methods of transmitting credit card information to the booking; either the user submits their details during the transaction/booking process or, if the user has an existing profile, the information is sent directly from our profile database into the transaction/booking, bypassing the Internet entirely.
10.2 If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.
10.3 Headings are for reference purposes only.
10.4 If we do not act in relation to a breach by you or others of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
10.5 If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia, and waive any right that you may have to object to an action being brought in those courts.