our terms & conditions of use

introduction

The information linked from the URL www.Cancellations.com.au ("Site") is subject to the following Terms and Conditions ("Terms"). By accessing or browsing the Site, or by continuing to do so, you accept these Terms.

1. This Site contains material posted by third parties. Cancellations Pty Ltd ("CPL", "we/us/our") has established quality assurance procedures with the aim of ensuring that all material on this Site is governed by high standards of currency and accuracy. Where we become aware of an inaccuracy or error in any material on the Site, we will remove that material and/or contact the 3rd party. We do not make any warranties or representations about the accuracy and currency of third party material on this Site and does not make any warranty or representation that access to the Site will be secure or uninterrupted.
2. This Site contains material which is subject to copyright and other intellectual property rights ("Intellectual Property Rights") owned by or licensed to CPL or its licensors. In relation to the material available on this Site in any form including, without limitation, software, documents, text, images, full motion video and sound ("Material"), you:
   
   (a) may view, copy, print and distribute the Material in electronic or other forms only for educational purposes. If you do, you must retain and copy in full all Intellectual Property Rights notices on the original Material;
   
   (b) must not use or distribute the Material for any public or commercial purpose; and
   
   (c) must not infringe the Intellectual Property Rights of CPL or its licensors including by amending or adapting any Material or reverse engineering any Material consisting of downloadable software.
3. Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
4. In using or continuing to use the Site you may give us information which is capable of identifying you ("Personal Information"). The Privacy Act 1988 gives you certain rights in respect to Personal Information. By using the Site you grant us the right to use your Personal Information in accordance with the Web Site Privacy Statement ("Privacy Statement") and any relevant Information Privacy Principle 2 ("IPP2") notice which is provided at the time CPL and/or this Site collects the information. You also acknowledge that these Terms are subject to the Privacy Statement and any relevant IPP2 notice. Please click here to view the Privacy Statement.
5. The Site may contain material uploaded, posted, emailed or otherwise electronically transmitted ("Posted") by users of the Site, including yourself ("User Content"). User Content may include Personal Information, website and email addresses etc. Cancellations.com.au reserves the right:
   
   (a) to access or examine any User Content; and
   
   (b) at its absolute discretion, to modify, move, remove, permanently delete or disable access to User Content which is in breach of any law, considered by us to be otherwise unacceptable or if we reasonably believe you have breached these Terms or the Privacy Statement.
6. By Posting any User Content to the Site, you agree to indemnify CPL and all of its shareholders, employees, consultants, contractors and officers from any loss suffered by them as a result of any lawful use of or reliance on such User Content.
7. You acknowledge that we may remove User Content in accordance with guidelines which may be developed by us from time to time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content, communications or other content maintained or transmitted on the Site. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time or in accordance with guidelines which may be developed by us from time to time. You further acknowledge that we reserve the right to change the guidelines at any time, with or without notice.
8. In relation to any User Content posted by you, you:
    
   (a) warrant that the User Content is not confidential or owned by any other person/entity;
   
   (b) warrant that the receipt, use, storage, reproduction, modification, adaptation or publication of the User Content by us is not illegal or defamatory and will not expose us to any civil or criminal liability;
   
   (c) warrant that the receipt, use, storage, reproduction, modification, adaptation or publication of the User Content by us is not misleading or deceptive or likely to mislead or deceive and will not expose us to any civil or criminal liability;
   
   (d) license CPL to use, reproduce, modify, adapt, publish, sublicense, create derivative works from and incorporate in other works that User Content at any time in the future in any form and for any purpose and warrant that you have the right to grant this licence, provided that Personal Information may only be used by us in accordance with the Privacy Statement and any relevant IPP2 Notice; and
   
   (e) indemnify us for any breach of the warranties contained in paragraphs (a) to (d) inclusive.
9. Without limiting any other provision of these Terms, if you are attempting to, or have, rented a property through the Site, you acknowledge and agree:
   
   (a) you will not make a claim against CPL, its officers, employees, consultants, contractors or Related Bodies Corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth) ("Released Parties") for the failure of a booking, for whatever reason;
   
   (b) you will rely entirely on your own investigations and satisfy yourself as to the appropriateness of any property for your needs and the accuracy of the material on the Site;
   
   (c) the Released Parties take no responsibility for any transaction between you and a party which offers a property for rent on the Site;
   
   (d) each Released Party makes no representation or warranty that the party that has posted the property has the right to do so or the right to rent the property;
   
   (e) the Released Parties are unaware and unable to ascertain whether the party which listed the property has the necessary insurance cover; and
   
   (f) the Released Parties have no responsibility for, or liability in relation to the price of, value of, suitability of the property for your purposes or the safety of you or those accompanying you on your stay.
10. If you are attempting to, or have listed a property for rent on the Site, you acknowledge and agree:
    
    (a) you will not make a claim against any of the Released Parties for the failure of a booking, for whatever reason;
    
    (b) the Released Parties are not responsible for, and have no liability in relation to:
    
         (i) the suitability of a party as a renter of your property;
    
         (ii) the conduct or behaviour of renters;
    
         (iii) the failure by a renter to pay any amount due to you; and
    
         (iv) the condition of your property (including without limitation any damage,
               loss or theft to or from the property by a party which rented the property);
    
    (c) all information provided by you in relation to any property is true and correct in all respects and is not misleading or deceptive;
    
    (d) any property advertised by you on the Site is quiet, clean and safe for use as a rental property;
    
    (e) you have taken out all necessary insurances in relation to public liability and in relation to any loss or damage that you or the property may suffer due to the actions of a party which rents the property;
    
    (f) it is your sole responsibility to ensure that no alternative booking is taken in relation to any dates listed by you and during which the property is specified to be available. The failure to comply with this clause will entitle us to immediately remove the property from the Site without notice to you.
11. Conditions of use for 'live last minute classifieds'


This membership is subject to the following important conditions:

a) For the integrity of our last minute classified service offered we request that your classified ad listed in live ‘last minute classifieds – availability posted’ do not exceed a 30 day period.

b) If the dates posted for a particular property are sold elsewhere, you will ‘suspend’ the live ‘last minute classifieds – availability posted’ for that property, and resume trading when other dates become available, if they so choose within the next 30 day period.

c) Live ‘Last minute classifieds – availability posted’ can only be posted for the actual property that has those dates available to sell. Strictly no group property postings are allowed.

Failing to comply with these three conditions will lead to the termination of you membership and no refund.
12. Refund Policy:


(a) For the Customer/Purchaser

We are not responsible for your selection of accommodation, and we do not control the quality of accommodation. We rely on the information provided by the accommodation provider for the property listings on the Site. Although we take all due care in our delivery of our service, we do not verify claims made by accommodation providers.

When purchasing accommodation through the 'last minute classifieds - availability posted' and 'boutique accommodation' you will be dealing with the provider or their agent direct, therefore all payments for accommodation will be between the purchaser and the agent/provider. CPL takes no responsibility for any remuneration sought by either party.

If you are not satisfied with the accommodation supplied by the accommodation provider, for example that the description of the accommodation is inaccurate or misleading, you must raise this with the accommodation provider directly.

CPL accepts no responsibility or liability for the quality or your satisfaction with any accommodation, travel or insurance provided, and will not be liable to make any refunds to you.

(b) For the Accommodation Provider

You acknowledge and agree that you will be liable for any refund or other compensation which is payable to the customer.

13. Use of the Site is at your own risk. We have no liability for any hacking or malicious intent (cracking) or any other unauthorised access to the Site, or any information on the Site, undertaken by any person. All express or implied warranties, representations, statements, terms and conditions relating to your use of the Site or any information or content available from the Site, not contained in these Terms, are excluded from these Terms to the extent permitted by law.
14. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and corresponding provisions of State or Territory legislation which contain provisions including implied terms and warranties which operate to protect the purchasers of goods and services in various circumstances.
15. If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and CPL is able to limit your remedy for a breach of such a condition or warranty, then our liability for breach of the condition or warranty is limited to one or more of the following at our option:
    
    (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
    
    (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
16. Subject to our obligations under the implied conditions and warranties referred to in paragraph 12, we exclude liability for all losses, costs, damages and expenses incurred or suffered by you under or relating to these Terms or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.
17. You acknowledge that we may, in our absolute discretion and without penalty or notice:
    
    (a) vary the Site or any part of the Site; and
    
    (b) modify or discontinue this Site, any part of the Site and the services available on it.
18. We have not reviewed any URL linked to or from any part of the Site which does not form part of the Site ("Third Party Pages"). We are not responsible for any content found on a Third Party Page, or any site of which it forms a part. You must determine whether any page is part of the Site each time you follow a link to that page.
19. We reserve the right to revise these Terms at any time. You accept all such revisions by accessing any part of the Site or continuing to access it after that revision is Posted on the Site.
20. This Site and any right or obligation under these Terms is governed by the laws in force in the State of New South Wales, Australia (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia in respect of any action that arises under the agreement.

These Terms & Conditions were last updated 31 March 2009.

last minute accommodation

boutique accommodation