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VIP Backpackers - Terms & Conditions

VIP Backpackers - Terms & Conditions
VIP Backpackers Resorts International (www.vipbackpackers.com) Terms, Conditions and Notices. Your use of this website (www.vipbackpackers.com) is subject to your irrevocable acceptance without modification of these Terms and Conditions and you agree to use this website in accordance with and subject to these. The Terms and Conditions as set out hereunder constitute the entire agreement between you and VIP Backpackers Resorts International Pty Ltd (www.vipbackpackers.com). If you do not read or accept these Terms and Conditions, do not use this website. By accessing any part of the VIP Backpackers Resorts International website (www.vipbackpackers.com), you consent to be bound by these Terms and Conditions.
1. We facilitate confirmed bookings for certain travel services including accommodation. We do not provide, own or run any travel services ourselves and in particular we do not provide, own or run any accommodation.
2. If you wish to cancel your booking your must do so at least 78 hours in advance - it is the responsibility of you, the customer, to login to the VIP backpackers website (www.vipbackpackers.com) to cancel bookings.
3. We do not provide refunds for whatever reason - BOTH DEPOSITS AND BOOKING FEES ARE NON REFUNDABLE AND NON-TRANSFERABLE
4. In the event of a no-show without cancellation, the hostel/travel services provider has the right to charge your credit card for the first nights stay where you have booked accommodation with such service provider, or for the full price of the tour or other non-accommodation travel service in accordance with the travel service providers terms and conditions.
5. Every effort is made to ensure the hostel/travel services provider receives and processes your bookings correctly.
6. Your contract is with the hostel/travel services provider, not VIP Backpackers Resorts International. It is the hostel/travel services providers responsibility to provide you with the accommodation/travel services.
7. In the unlikely event of a problem arising, our liability to you, if any, is limited to the deposit and that booking fee you paid.
8. Information provided regarding accommodation, products, rates and allocations is the responsibility of the accommodation/service provider and VIP Backpackers Resorts International is not responsible for inconsistencies and/or incorrect information.
The Full Legal Version:
Your use of this website is subject to your irrevocable acceptance without modification of these Terms and Conditions and you agree to use this website in accordance with and subject to these Terms and Conditions. The Terms and Conditions as set out hereunder constitute the entire agreement between you and VIP Backpackers. If you do not read or accept these Terms, do not use this website. By accessing any part of the VIP Backpackers website (www.vipbackpackers.com), you consent to be bound by these Terms and Conditions.

NO LIABILITY
You should note that VIP Backpackers Resorts International does not warrant that the information published on this website will be error free and in using this website you acknowledge that the accommodation details and all other information including information relating to travel services published on this website may include inaccuracies or typographical errors.
All bookings for accommodation and/or travel services on this website are made with the accommodation/travel services provider concerned and not with VIP Backpackers Resorts International. VIP Backpackers only facilitates the making of reservations with the accommodation/travel services provider. VIP Backpackers is not a party to the contract between you and the accommodation/travel services provider and has no responsibility or liability to you in respect of the terms of that contract whether directly or indirectly.
Prior to making a booking, you should ensure that you have reviewed the travel services provider`s terms and conditions and that they are acceptable to you.
NEITHER VIP BACKPACKERS RESORTS INTERNATIONAL NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES AND/OR THE MATERIALS OFFERED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF VIP BACKPACKERS RESORTS INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
While VIP Backpackers makes all reasonable efforts to ensure that the accommodation/travel services listed are of reasonable standard the listing of any accommodation/travel services in the website is not and should not be taken as a recommendation from VIP Backpackers or a representation that the accommodation/travel services will be suitable for the user`s purpose.
VIP Backpackers shall in no way be liable to you in the event that the accommodation/travel services are not suitable for your purpose.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you undertake to VIP Backpackers that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions.

AGE AND RESPONSIBILITY
You confirm that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your log-in information.

LINKS TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by parties other than VIP Backpackers Resorts International. Such hyperlinks are provided for your reference only. VIP Backpackers does not control such websites and is not responsible for their contents. The inclusion of hyperlinks on this website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.

BOOKING CONDITIONS
The following conditions apply to bookings of accommodation/travel services made by you through this website.
(1) Making a reservation
On making a reservation, you shall pay a non-refundable deposit (being a fixed percentage -- USUALLY 10% of the total value of your reservation) together with a flat booking fee (USUALLY AUD$3.00 per reservation). You will be responsible to the accommodation/travel services provider for payment of the balance of the cost of the accommodation/travel services booked by you together with the payment of charges for any additional services subsequently contracted for with the accommodation/travel services provider and, where applicable, payment of the travel services provider`s service charges and taxes pursuant to the terms and conditions of trade applied by such travel services provider.
You must use a credit card or debit card to guarantee a reservation. By making a reservation with your credit card, you agree that in the event that you cancel your reservation less than 78 hours from your agreed check-in time or that you fail to arrive by your agreed check-in time, you authorise the accommodation/travel services provider to charge to your credit card or debit card without further reference to you an amount not exceeding one night`s charge in the case of accommodation or such amount as may be set out in the service provider`s terms and conditions in the case of non-accommodation product. Your non-arrival by the agreed check in time will result in the cancellation of your entire reservation
Any amendments to your reservation must be notified to and agreed with the accommodation/travel services provider directly.
In making a reservation, it shall be your responsibility to disclose to the accommodation/travel services provider any physical or mental condition to which you or a member of your party is subject to and of which the travel services provider should be notified and which may require special facilities.
(2) When a reservation is confirmed
VIP Backpackers will issue the email booking confirmation on behalf of the accommodation/travel services provider for each reservation, but does not undertake to include charges for additional services or details of the service charge or taxes charged by the travel services provider.
VIP Backpackers strongly recommends you check and confirm with the travel services provider the precise terms and conditions upon which the travel services provider makes the reserved service available to you upon receipt of the booking confirmation. The reservation numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the reservation.
(3) Cancellations
VIP Backpackers does not accept responsibility for cancellations by you or by the accommodation/travel services provider regardless of the circumstances in which the cancellation is made.
VIP Backpackers shall not accept any liability for losses, additional expenses or any claim whatsoever due to changes in accommodation or other travel services, sickness, weather, strikes or any other cause. All such losses, additional expenses or claims will be borne by you unless otherwise agreed between you and the service provider.
Cancellation of Packages - Cancellation fees apply once bookings have been confirmed. Cancellations up to 4 weeks before commencement of travel: fee is AUD$20. Between 4 and 2 weeks before commencement of travel: fee is AUD$40. Less than two weeks before commencement of travel and no show: fee is 100%. Amendments (not cancellations) to the original booking after confirmation will incur an amendment fee of AUD$20 per person and per amendment. No amendments can be made with 5 days of commencement of travel. No refunds on any portions of all VIP packages not used by the customer. Lost or stolen vouchers are non replaceable.
Cancellation for In-Store Agents using EFT on Request - Cancellation fees apply to hostel & product bookings once they have been confirmed and processed. Cancellations fees are: up to 3 weeks before booking: fee is %10 of Total Booking + $3 Booking Fee; up to 2 weeks before booking: fee is %30 of Total Booking + $3 Booking Fee; up to 1 weeks before booking: fee is %50 of Total Booking + $3 Booking Fee; less than a week before booking: fee is %100 of Total Booking + $3 Booking Fee. All amendments will be considered as cancellations.

NO LIABILITY IN CREDIT CARD TRANSACTIONS
VIP Backpackers makes all reasonable efforts to ensure that all credit card transactions are secure. HOWEVER, if unauthorised charges appear on your credit card statement for any card used on this website at any time during or after you make your reservation, conduct your transaction or disclose your card details on this website, VIP Backpackers Resorts International shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, subject only to any statutory rights which you may have.

COPYRIGHT, NOTICE AND LIMITED LICENCE
The information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos ("Materials") contained in this website are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. VIP Backpackers or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from this website. Other than expressly provided herein, nothing in these terms and conditions shall be construed as inferring by implication or otherwise any licence or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of VIP Backpackers Resorts International, its licensors or any third party. Any persons breaching any of this provision will be prosecuted.
INDEMNITY
You agree to indemnify and hold VIP Backpackers, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney`s fees, made by any third party due to or arising out of your use of the website.

DISCLAIMER
ALL USE BY YOU OF THIS WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR AND FOR ALL RISK OR LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, SERVICES OR MATERIALS PROVIDED ON THIS WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THIS WEBSITE. YOU AGREE THAT VIP BACKPACKERS RESORTS INTERNATIONAL AND THE PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO VIP BACKPACKERS WILL NOT BE LIABLE FOR DAMAGES ARISING AFTER YOUR USE OR INABILITY TO USE THIS WEBSITE AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
THIS WEBSITE IS AVAILABLE TO ALL USERS "AS IS". VIP BACKPACKERS MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THIS WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. VIP BACKPACKERS ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND ITS CONTROL, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS WEBSITE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF THE SERVICES, INFORMATION AND/OR MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

WAIVER
VIP Backpackers Resorts International’s failure to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the rights attaching to any of them.

HEADINGS
The headings used in these Terms and Conditions are for convenience only and shall not affect the meaning or scope of these Terms and Conditions or otherwise be given other legal effect.

MODIFICATION OF THESE TERMS AND CONDITIONS
VIP Backpackers Resorts International reserves the right to change these Terms and Conditions as well as the contents of this website for any reason and without notice, and without liability to you, any other user or any third party. This right shall not affect the Terms and Conditions accepted by you upon making a legitimate reservation or purchase using this website. You should check these Terms for any changes each time you access the website.

GENERAL TERMS AND CONDITIONS
These Terms and Conditions and your use of this website are governed by the laws of the Commonwealth of Australia. You hereby consent to the exclusive jurisdiction of the Commonwealth of Australia courts in all disputes arising out of or relating to the use of this website each time you access the website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and VIP Backpackers as a result of these Terms and Conditions or your use of this website. VIP Backpackers’ performance of these Terms and Conditions is subject to existing laws and legal process and nothing contained in this agreement is in derogation of VIP Backpackers’ right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by VIP Backpackers with respect to such use.
If any part of these Terms and Conditions is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth 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 remainder of these Terms and Conditions shall continue in effect.
These Terms and Conditions constitute the entire agreement between you and VIP Backpackers Resorts International with respect to this website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VIP Backpackers with respect to this website. A printed version of these Terms and Conditions 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.
Although VIP Backpackers cannot monitor the conduct of its users offsite, it is a violation of these Terms and Conditions to use any information obtained from this website in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.

PRIVACY POLICY
On occasions, we may supply statistics about our customers to third parties such as hostels or other agents. These statistics never contain personally identifying information.
If at any time you believe that VIP Backpackers Resorts International has not adhered to these principles, please notify us via the contact form and we will use all commercially reasonable efforts to determine and correct the problem promptly.
Any questions, please contact VIP Backpackers Resorts International, PO Box 800, Cannon Hill, QLD 4170, AUSTRALIA. backpack@vipbackpackers.com

VIP Rewards Program Terms and Conditions

1) These terms & conditions are presented to you by us, VIP backpackers International PTY Limited (VIP Backpackers) ABN 88052156028 of Unit 3, 41 Steel Place Morningside Queensland Australia 4170.

2) You must read these terms and conditions carefully before accepting possession of the VIP Backpackers (Card), the VIP Backpackers Guide and any related material provided to you on purchase of the product (Kit). By purchasing or accepting possession of the Card or the guide you agree to be bound by these terms and conditions. You agree that use of the card does not constitute a relationship of partnership, agency, trust or fiduciaries between us and you.

3) The Card gives you the opportunity to receive certain benefits when you buy goods and services at certain establishments or visit certain attractions (merchants).

4) The benefits which are provided to you as the holder of a valid Card include an opportunity to earn rewards (Rewards) based on your spend for goods and services purchased from Merchants (Eligible Spend). Passport ID and valid VIP membership card must be presented. Information pertaining to the Rewards you may be entitled to based on the Eligible Spend you have accumulated over the 12 months prior to the redemption of a Reward are provided online at www.vipbackpackers.com (Website).

5) The nature of the Rewards offered to you and the threshold of Eligible Spend required to earn a Reward is subject to change at any time. Upon redemption of a Reward, the value of Eligible Spend required to redeem such Reward will be deducted from your Eligible Spend balance you have accumulated over the 12 months prior on the redemption of the Reward.

6) Any balance of Eligible Spend, after having been adjusted for the redemption of a Reward, will reflect the most recent Eligible Spend transactions in maintaining a record of the Eligible Spend you have accumulated in being able to redeem a Reward based on your 12 month Eligible Spend balance.

7) The Guide and the Website, insofar as the contain details relating to the benefits offered by Merchants and the Rewards offered to Card holders, merely provide relevant information. We have taken best endeavours to ensure that information provided in the Guide and Website is current at the date of publication of the Guide and Website. However, such information and benefits may be varied at the discretion of the merchants. Before relying on any information provided, such as opening times or the benefit the Merchant may provide to valid Card holders, you should confirm their authenticity by contacting the Merchant.

8) The Card is not refundable.
9) The decision to take advantage of these opportunities is strictly at your discretion and any unused benefits at the time of expiry of the Card will not be refundable or transferable to another Card.

10) The Card may only be used by the Card’s signatory and is non-transferable. No replacements or refunds are offered for lost or stolen Cards. The benefits available from use of the Card will be provided by Merchants and not VIP Backpackers.

11) We take no responsibility for the conduct, quality, availability or any other thing related to the benefits available from use of the Card, with such responsibility being borne exclusively by the Merchants.

12) We have taken all reasonable care in compiling the material in this Guide and Website and arranging the benefits offered by the Card.  However, you use the Guide, the Website and the Card at your own risk. To the extent permitted by law, we make no warranties about the accuracy and completeness of any material in the Guide or Website or that the Card or the benefits offered by the Card will attain any particular service standards, be free of defects or be fit for any particular use. We limit our liability to warranties implied by statute or otherwise to resupplying the relevant services.

13) To the extent permitted by law, we disclaim all liability arising out of or consequent to your use of the Card, Guide or the Website. You indemnify us against loss or damage suffered by us or any third party as a result of your use of the Card, Guide or the Website or breach of any of these terms and conditions.

14) All intellectual property rights used or embodied in or in connection with the Card, Guide and Website or any related material is owned or licensed to us. You must not use, reproduce, distribute, modify, adapt or in any other way interfere with such intellectual property rights.

15) You consent and authorize VIP Backpackers to provide the information provided by you at your purchase or acceptance of possession of the Card or the Guide, and any other information provided to VIP Backpackers, to any agent, contractor or Merchant of VIP Backpackers  for the purpose of VIP Backpackers providing the benefits; marketing the Card or the Guide; and for the administration of the Card or the Guide by any third party providing such services to VIP Backpackers.

16)  If any part of these terms and conditions is, or becomes, legally invalid or unenforceable, the remainder of these terms & conditions subsists and remains enforceable.

17) These terms and conditions are governed by the law of Queensland.