Terms And Conditions

These Terms and Conditions (the “Terms”) govern the legally binding relationship between us when you use our Website and the Services that we provide. By using the Website or Services, you acknowledge that you understand these Terms and agree to be legally bound by them.

In these Terms, references to “us”, “we” or “our” shall mean Travelay LCC, a company registered in US with the registered business name TRAVELAY which has its registered office at  16192 Coastal Highway Lewes, Delaware 19958 (henceforth “TRAVELAY”). When we refer to “you”, we mean any person that accesses or uses the Services.

Bookings made via our Website, or with our employees over the phone, via email, or via any other method of communication, are subject to these Terms. One person making the booking on behalf of other travellers is taken to have the authority to agree to these Terms on behalf of any other travellers.

1 Definition

In these Terms:

1.1 Any headings are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate.

1.2 Unless the context clearly indicates a contrary intention, use of any gender includes the other genders, the singular includes the plural and vice versa, and natural persons include legal entities and vice versa.

1.3 The following terms shall have the meanings assigned to them hereunder, namely:

Accommodation Provider: means the provider of a hotel, home, accommodation, or another place of lodging;

Activity Provider: means the provider of any tours, activities, or experiences;

Additional Services: This means a service related to your Booking provided by a Service Provider, including (without limitation) upgrades, incidental charges, additional luggage, priority seating, meals, mini-bar, dry cleaning and laundry, passenger information change, rebooking, or cancellation. The fees associated with the provision of Additional Services are set by the Service Provider and/or other third party and are not included in the Total Price, except where the requested Additional Services are added by you to your booking with us during the booking process, which may incur an additional handling fee charged by us that will be displayed to you at the time of your Booking. Where any Additional Services are sought by you following your completed purchase of a Booking, you acknowledge that these arrangements are your sole responsibility and that you will be required to directly contact the Service Provider or any other third party as required to fulfil your request for the Additional Services;

Booking: means the process of purchasing a selected hotel, flight, or activity (including any multiple of these) and the resulting outcome of this process. A Booking is completed when we confirm that we have received and accepted your payment for the Total Price;

Carrier: means the airline providing the services of carriage by air. When placing a Booking, the identity of the Carrier (including the identity of the Carriers of any connecting flights) for your Booking will be made known to you. Please be aware that, due to circumstances beyond our control, the operating Carrier of your flight may be different from the one displayed at the time of your Booking. As such, it is important that you verify the identity of your operating Carrier prior to your departure;

Service Provider: means the Carrier, Accommodation Provider, or Activity Provider responsible for delivering the service(s) purchased as part of a Booking. For the avoidance of doubt, where a Booking involves multiple Service Providers, each Service Provider is to be taken as a separate entity responsible only for the provision of their respective part of the services under the Booking;

Services: means the Booking services provided by us at the Website in accordance with these Terms that enables you to purchase Travel Products. The Services we provide are further detailed in Section 2 of these Terms;

Total Price: means the final price displayed immediately prior to the purchase of your Booking, including any Additional Services selected by you (e.g. additional luggage, upgrades, meals, etc.) during the booking process;

Travel Document: means any physical or digital document that is intended to confirm a contract that we have arranged on your behalf with a Service Provider. These documents may be, but are not limited to, hotel vouchers, airline itineraries/e-tickets, and activity tickets;

Travel Product: means the products that we sell on the Website, namely accommodation, flights, activities, and any Additional Services purchased during your Booking;

TRAVELAY Account: means the registered account used to log in to the Website;

TRAVELAY Wallet: means the wallet associated with your Account on the Website used to store your deposited funds or funds otherwise acquired by you; and

Website: This means the website is located at TRAVELAY and all associated subdomains at this location.

1.4. TRAVELAY works with Expedia Partner Solutions. Please click here to view their Terms & Conditions

2 Services

2.1 This section sets forth the contractual relationship between you and us on the basis of which we will provide you with the Services related to the Travel Products that we sell to you in exchange for the Total Price. The following are the Services that we provide to you:

(i) Displaying information and pricing of Travel Products on the Website;

(ii) Provision of Website functions that enable you to make a Booking and purchase Travel Products for the Total Price;

(iii) Facilitation of the agreement between the relevant Service Provider and you; and

(iv) Delivery of your Travel Documents resulting from your Booking.

2.2 You agree to be bound by these Terms when you complete and send us your online order on the Website in relation to your Booking and when we subsequently confirm the acceptance of your payment. Where your Booking is completed via any other method other than through the Website (e.g. where one of our employees places the order on your behalf following email correspondence), these Terms will be entered into on the basis of your explicit and binding offer to purchase a Booking following the provision of all relevant information in relation to your Booking by us to you.

2.3 By purchasing the Booking, you express and warrant that you have the legal capacity to enter into and be bound by these Terms and that you have read and understood the terms and conditions and any other relevant materials of the relevant Service Provider(s).

2.4 You acknowledge that the information you provide when placing a Booking is accurate and up to date, and you agree that we shall bear no liability for any inaccurate information provided (except where the inaccuracy or error has resulted due to a fault on our part). It is your responsibility to ensure that any information provided by you to us during the booking process, including, without limitation, passenger details, travel dates, departure point and destination, is correct and that any documents you receive from us in relation to your Booking are in order. 

2.5 If you wish to derive the benefits associated with a particular frequent flyer program when purchasing a Booking for a flight with a Carrier, you acknowledge that it is your responsibility to provide us with your frequent flyer number, either during the booking process in the relevant section of the Booking form on the Website or via correspondence with us at any time before your departure. Please note that we will not be liable for any foregone frequent flyer benefits under any circumstances.

2.6 Please note that these Terms are separate from any terms, conditions, or agreements that you enter into with the Service Provider(s) or any other third party responsible for the fulfilment of your Travel Product. By proceeding with your booking, you acknowledge that these are separate, mutually independent legal relationships conducted with different parties.

2.7 We reserve the right to change or remove any Travel Products advertised on the Website without notice, including, but not limited to, where the Service Provider’s offer is changed or removed, or where a computer malfunction or human error has occurred. This includes prices quoted to you via email or any other method of correspondence. Our Website will subsequently be updated accordingly to reflect the accurate availability, information, and price of the Travel Product(s). In some cases, the price of a Travel Product may change between the time that you select the Travel Product and the time when you attempt to complete the purchase of your Booking. If a change of this nature occurs, we will take reasonable measures to ensure that you are aware of this change before you purchase the Booking. Please note that we are under no obligation to provide you with reimbursement or refund of any kind if the price of a Travel Product becomes lower following the successful completion of your Booking.

3 TRAVELAY Account

3.1 In order to use some aspects of the Services, including to successfully purchase a Booking, you will be required to create a TRAVELAY Account. As part of the registration process, you will need to provide certain information that enables us to create your TRAVELAY Account. You acknowledge that it is your responsibility to ensure the confidentiality of your TRAVELAY Account login credentials, including your password, and that you will be solely responsible for any actions conducted on your TRAVELAY Account (including any Bookings). You agree to notify us immediately of any unauthorized use of your TRAVELAY Account.

3.2 We may terminate or suspend access to your TRAVELAY Account or your ability to use the Services, in whole or in part, for any reason at our sole discretion and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your TRAVELAY Account temporarily or permanently.

3.3 You may opt to terminate your TRAVELAY Account at any time. By terminating your TRAVELAY Account, you agree to discontinue your use of any and all parts of the Services. To terminate your TRAVELAY Account, please Contact Us.

4 Travel Requirements

4.1 Our staff may be able to assist you with information pertaining to passports, visas, and other travel documents you may require for your trip. Please be aware that, while we can assist in providing this information to you, the information that we provide is general in nature and it is ultimately your responsibility to ensure that you have the relevant documents required for your trip. Any penalties, fines or additional expenses incurred as a result of the failure to obtain these documents will be incurred solely by you (subject to our liability).

4.2 Any customer who successfully purchases a Booking for a flight with a Carrier must have a valid passport. We assume that a valid passport is held by every person included in the Booking. If any of the travellers do not have a valid passport, you must Contact Us immediately. Please be aware that, in addition to holding a valid passport, your passport is required by many countries to be valid for at least six (6) months from the date of return, and some countries may require passports to be machine-readable. In addition to ensuring that all parties in the Booking have a valid passport, all parties must also obtain visas and re-entry permits that satisfy immigration requirements and any other relevant laws, including for countries that you may only be transiting through.

4.3 If you have any special requirements, such as dietary requirements, seating arrangements, disabled access, or any other special requests, please make these requests during the Booking process (if available) or Contact Us immediately following the purchase of your Booking to allow as much time as possible for your requirements to be met. Please note that, while we will endeavour to accommodate your request(s), we cannot guarantee that your request(s) will be honoured by the Service Provider.

5 Travel Documents

5.1 Your Travel Document(s) will be delivered to you electronically to the email address provided by you at the time of your Booking. You acknowledge that it is your responsibility to ensure that the email address you provide is entered correctly and that you will immediately notify us where an error has been made on your part. We shall not be liable for any delay or failure to deliver your Travel Document(s) where the delay or failure was made on your part. The Service Provider or other relevant authorities may require you to present any of the following documents in either electronic or printed format: your itinerary/e-ticket(s), boarding pass(es), visa(s), passport, or any other relevant document.

5.2 Certain conditions or restrictions may be imposed on Travel Documents, such as being non-refundable or subject to amendment or cancellation fees. Please ensure that you carefully read each Travel Document upon its receipt to ensure that it is in order.

5.3 Travel Documents are non-transferable. Where a booking for a flight with a Carrier is purchased, the Travel Document must be issued in the name of the passport/photo identity holder. Please ensure that the details on your Booking are correct and confirm that the name, date of birth, and document number of all travellers are correct. If there is a mistake on your Travel Document, such as an incorrect name or date of birth, please Contact Us immediately.

5.4 Any health requirements or precautions associated with your trip are your responsibility. Please ensure that you have any relevant vaccination documentation if you are travelling to a country requiring proof of vaccination. It is also generally good practice to visit your general practitioner or vaccination clinic before your trip to see if any vaccinations are required for your travel.

6 Travel Insurance and Travel Advice

6.1 Unforeseen circumstances may arise when travelling. For this reason, it is recommended that you consider whether you require travel insurance, especially for international travel. It is recommended that your travel insurance cover medical expenses, personal injury, death, loss of luggage, loss of money, cancellation, and personal liability insurance. Please note that we do not sell travel insurance, though we may be able to provide you with general information regarding travel insurance. We shall bear no liability for the general information that we provide or for your purchase or non-purchase of travel insurance.

6.2 General travel advice and country-specific travel advice is provided by most countries. While we may be able to provide general information to you in relation to country-specific travel advice, we make no representations as to the accuracy of this information and shall bear no liability for any resulting damages. By purchasing a Booking, we assume that your country of departure permits you to visit the destination of your Booking. We shall bear no liability for any cancellation fees or other fees that you may incur as a result of your inability to use your Booking.

7 Payments

7.1 Your price will only be guaranteed once the Total Price for your Booking has been paid in full. Please note that taxes are subject to change and the tax is finalised when your Travel Document is issued. You also acknowledge that TRAVELAY is not subject to VAT, and therefore no VAT invoice will be issued to you following the successful completion of your Booking.

7.2 We accept payment via selected credit and debit cards, bank wire transfers, and other methods (collectively “Payment Method”). Please see our Payment Options for an up-to-date list of current options.

7.3 Credit and Debit Cards. By agreeing to these Terms, you authorise us to charge your designated credit or debit card for all fees incurred by you in relation to the Services provided by us. Please note that a surcharge may be incurred on credit and debit card payments. The applicable surcharge will be displayed to you prior to the completion of your Booking. By purchasing a Booking using a credit or debit card, you acknowledge that we will not be liable for any additional costs you incur associated with exchange rates, bank fees, credit card fees or debit card fees. For clarity, TRAVELAY will not refund any such charge to your credit card, debit card, or TRAVELAY Wallet.

7.4 We reserve the right to delegate the management of all or part of our electronic payment collection (Visa, Mastercard, American Express) to our subsidiaries or third-party payment providers. Any fees incurred by you as a result of purchasing a Travel Product from us are non-refundable, subject to your rights under applicable law. 

7.5 You agree that our payment providers can securely store your payment details, which can subsequently be used by us for later payment or refunds of your Booking. Upon submitting your Booking form, you authorise us to facilitate reservations on your behalf, including making payment arrangements with Service Providers and any third parties related to the provision of your Booking. 

7.6 For payments made online via the Website, you will not pay the Service Provider for the Travel Product mentioned on the Travel Document. Only Bookings made using direct payment with a Service Provider (e.g. in person at a hotel) will allow you to pay for your reservation once you arrive at the establishment. These two distinct payment options are clearly displayed during the booking process.

7.7 For Bookings made via a TRAVELAY employee, a deposit (or deposits) may be required. The amount of the deposit and number of deposits (for multiple Bookings) will be communicated to you via a TRAVELAY employee. Should an amendment or cancellation be made by you, your deposit(s) may be forfeited (subject to your rights under applicable law). Since final payments for Bookings with Service Providers are variable, we will advise you when the final payment for your Booking is due.

7.8 Exceptionally, TRAVELAY may, at sole discretion, offer you the option to pay a low deposit for certain Bookings with Accommodation Providers (“Early Booking”). This will be indicated next to the specific Travel Product in your search results. An Early Booking requires a partial payment at the time of reservation and confirmation and a secondary payment consisting of the total balance due at a future point in time, as communicated on TRAVELAY and in your confirmation email. The later payment will be automatically collected on the due date. You must make sure that the Payment Method is valid and has enough funds at the time of the balance payment. In case the Payment Method cannot be charged for whatever reason, you can pay the remaining balance using a valid Payment Method. If the payment is not authorised in due time, the Booking will be cancelled.

7.9 If your chosen Travel Product is not available and we provide you with an alternative option, your Payment Method will only be charged if you accept the new Travel Product and the new rate offered. If you do not accept the given alternative, no charge will be made to your Payment Method by TRAVELAY.US.

7.10 Any personal information that you submit to us in relation to the purchase of your Booking will be protected by our secure SSL payment gateway server, which uses 256-bit security technology to protect your online order information. This technology encrypts all information and all personal information passed from you through our Website.

8 Changes, Cancellations and Refunds

8.1 The applicable cancellation policy of the Travel Product is displayed prior to your completion of the online booking form. Please ensure that you read the cancellation policy applicable to your selected Travel Product carefully as the cancellation policy varies between Service Providers and the respective Travel Products that are offered.

8.2 Voluntary changes for flight bookings may be made up to 72 hours before departure. Voluntary changes for hotel bookings may be made in accordance with the hotel policy applicable to your booking. If you voluntarily cancel or make changes to your booking, the Service Provider may charge a cancellation or change fee. Where a change or cancellation to a Booking is made, processing fees may be applied by us in addition to the charges imposed by the Service Provider. If your Booking contains multiple passengers, any changes you make must apply to the itinerary of all passengers relevant to that Booking; if you wish to change the booking for some (not all) passengers, you acknowledge that it is your sole responsibility to make these arrangements directly with the Carrier or otherwise. Where you request a voluntary cancellation, please be aware that we cannot calculate the refund amount that you will receive at the time of your cancellation request. Please also be aware that some Bookings may be non-refundable, and in this instance, we cannot provide you with a refund. If you arrive late on your scheduled Booking date (as stated on your Travel Document), decide to leave before the conclusion of the Travel Product (as stated on your Travel Document), or fail to arrive (no-show), TRAVELAY will not issue any refunds. In some cases, you may be charged for the cancellation fee in accordance with the Service Provider’s cancellation policy if the amendment is made after a certain date or falls under an exception.

8.3 If your Booking is cancelled or changed by the Service Provider or a related third party, we will endeavour to notify you of the corresponding cancellation or change as soon as possible. Please note that we are not liable for the consequences of any cancellations or changes made by these third parties.

8.4 If you wish to modify the dates of your Booking with an Accommodation Provider, please log in to your TRAVELAY Account and use the “Change my dates” form. For other types of modifications to Bookings with Accommodation Providers, or to modify Bookings with Carriers or Activity Providers, please Contact Us. Reservations not amended through TRAVELAY.US will become subject to a 100% charge to be applied.

8.5 In the event of a confirmed Booking with an Accommodation Provider becoming unavailable before the check-in date, TRAVELAY will offer a full refund. Where we have prior notice, we will contact you by email. However, upon check-in, if the original Travel Product specified in your Travel Document is closed, overbooked, or has maintenance problems and cannot provide the room(s) booked, you accept that the Accommodation Provider is responsible for finding you alternative accommodation of a similar standard and/or for providing you with a refund. You acknowledge that TRAVELAY will not be liable to you and will not provide you with a refund or alternative accommodation.

8.6 If you are entitled to a refund, either in part or in full, the refund amount that you are entitled to will be processed upon our receipt of cleared funds from the Service Provider. Where a refund is properly due to you, we will refund your credit card, debit card or TRAVELAY Wallet within five (5) working days from the receipt of your cancellation or an amendment email.

9 Hotel Room Types

9.1 The following room and item descriptions on the TRAVELAY.US website shall have the following meaning:

Single room: one single bed. Suitable for one person.

Twin room: two single beds in the same room. Suitable for two people.

Double room: one double bed. Suitable for two people.

Triple room: twin or double bed/s plus extra bed, or two double beds. Most hotels do not have one full-size bed for each guest in their triple rooms.

Twin/double room for sole/single use: two single beds or one double bed in the same room, to be occupied by one person.

Quadruple room: twin or double bed/s plus extra beds, or two double beds. Most hotels do not have one full-size bed for each guest in their quadruple rooms.

Twin/Double + child: twin or double room with an extra bed suitable for a child aged between two (2) and twelve (12) years.

Cot/cradle or crib: suitable for a child under the age of two (2) years.

10 Acceptable Use

10.1 In using the Website, you agree and warrant that you:

(i) will use the Website strictly for personal and non-commercial purposes only and you acknowledge that use of the Website for any other purpose is prohibited;

(ii) will not gather, extract, reproduce and/or display on any other website or another online service, any material on or from the Website, specifically including information relating to Travel Product pricing and availability, whether using robots, spiders, or other “screen scraping” software or system used to extract data;

(iii) will not use the Website to provide TRAVELAY.us Bookings or details of Travel Product pricing and availability or other information to any other persons or organisations, other than for your personal and non-commercial use;

(iv) will not use the Website for any purpose that is either unlawful or not allowed under these Terms.

(v) will not commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

(vi) will not use the Website while impersonating another person;

(vii) will not use the Website to defame or libel us, our employees or other individuals;

(viii) will not transmit any viruses, Trojan horses, worms, or other items that may cause damage to our property or the property of other individuals;

(ix) will not post or transmit to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise, or which is detrimental to or in violation of our systems or a third party’s systems or network security;

(x) will not tamper with, hinder the operation of, or make unauthorised modifications to the Website (including deleting data from the Website without our permission);

(xi) will not breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using the Website; and

(xii) will not attempt to gain unauthorised access to the Website, user accounts, or computer networks or systems connected to the Website through hacking, password mining, or any other means.

10.2 To make a Booking on the Website, you must be at least 18 years of age (or the legal minimum age in countries where the legal minimum age is greater than 18). By entering into this agreement, you confirm that you possess the legal authority and necessary minimum age to use the Website in accordance with these Terms. TRAVELAY will not compensate you or anyone else for any expenses incurred as a result of minors using the Services, including any Bookings placed by minors.

10.3 Unless otherwise indicated, we own, or license from third parties, all rights, title, and interest (including, without limitation, copyright, designs, patents, trademarks and other intellectual property rights) contained on the Website and in all of the material (including, without limitation, all text, graphics, logos, audio and software) made available on the Website (“Content”). Your use of the Website and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to the Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of the Website or Content is prohibited and may result in penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction, or distribution is expressly prohibited. All other use, copying, or reproduction of the Website, the Content, or any part of the Website or Content is prohibited, except to the extent permitted by law.

10.4 We will determine whether there has been a breach of these Terms through your use of the Website. If a breach of this Policy has occurred, we may take such action as we deem appropriate, including denying you access to the Website, bringing legal proceedings against you, or disclosing such information to law enforcement authorities as we deem appropriate.

10.5 Our Website may contain links to other websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. We are not liable to you if interference with or damage to your computer systems occurs in connection with the use of the Website or any linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or any other malware that may interfere with or damage the operations of your computer systems.

10.6 If we allow you to post any information to the Website, we have the right to take down this information at our sole discretion and without notice.

10.7 By using the Website, or by entering into correspondence with us through email, telephone, or other communication tools, you agree that we may communicate with you through methods including, but not limited to, email, telephone, messaging applications, and in-app notifications. If you wish to unsubscribe from marketing emails, please click ‘Unsubscribe’ at the footer of any of our marketing emails or Contact Us. Please note that, if you unsubscribe from our marketing emails, you will still receive non-marketing emails from us (including emails relating to any Bookings that you place).

10.8 If you do not agree with these Terms, you must not use the Website.

11 Agency

11.1 The Services that we provide to you are in the capacity of an agent with permission to sell products on behalf of various Service Providers. We have an obligation to you to finalise the booking on your behalf and arrange contracts between you and Service Providers. Any Travel Products that you purchase in connection with your Booking under these Terms is provided to you by third parties, not TRAVELAY

11.2 Though we endeavour to select reputable third parties to provide your Travel Product(s) to you, the provision of Travel Products is outside of our control and scope of liability. Any arrangement made by us on your behalf is subject to the terms and conditions of the Service Provider in charge of delivering the purchased Travel Product(s) to you. The terms and conditions of your relevant Service Provider can be provided to you on request. If there are issues with the provision of your Travel Product(s), or the Service Provider is unable to provide the contracted services, unless there has been a fault on our part, your legal rights are against the specific Service Provider, not against TRAVELAY.

12 Representation

12.1 We represent and warrant to you that our Services: (a) will be provided with due care and skill; (b) will be reasonably fit for the specified purpose; (c) can be reasonably expected to achieve the desired result, and (d) will be provided within a reasonable time.

12.2 EXCEPT AS DESCRIBED IN THE PRECEDING ITEM ABOVE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SERVICES THAT WE SELL AND THEIR AVAILABILITY, SAFETY, OR RELIABILITY (EXCEPT IN RELATION TO NON-EXCLUDABLE OBLIGATIONS).

13 Limitation of Liability

13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT DOES TRAVELAY NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, OR RELATED BODIES CORPORATE ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DELAY, INCONVENIENCE OR ADDITIONAL EXPENSE WHICH MAY BE SUFFERED DUE TO (WITHOUT LIMITATION) YOUR USE OF, OR THE INABILITY TO USE, OUR SERVICES, THIRD-PARTY PROVIDERS, FORCE MAJEURE, OR EVENTS THAT WE CANNOT CONTROL OR WHICH COULD NOT HAVE BEEN PREVENTED BY REASONABLE DILIGENCE ON OUR PART.

13.2 IF IT IS DETERMINED THAT TRAVELAY IS LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF, OR IS CONNECTED TO, YOUR USE OF OUR SERVICES, OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE REISSUE OF YOUR BOOKING (OR CORRECTING THE DEFECTIVE PART OF YOUR BOOKING), OR THE PROVISION OF CREDIT OR REFUND FOR THE TOTAL PRICE OF YOUR BOOKING AT THE PRO RATA CONTRACT RATE.

13.3 IN THE EVENT THAT THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT POSSIBLE, AS PERMITTED BY APPLICABLE LAW.

14 Miscellaneous

14.1 Changes to the Website. We may make improvements to, and/or change, the Website at any time. TRAVELAY, its suppliers, and any of its related third parties make no representation about the suitability of the information, software, products and services contained on the Website for any purpose, and the inclusion or offering for sale of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by TRAVELAY, suppliers, Service Providers, or any of related third parties. All such information, software, products and services are provided “as is” and without warranty of any kind.

14.2 Our Connection to You: You agree that, by using our Services, no joint venture, agency, partnership, or employment relationship exists between you and us.

14.3 Supplier Relations. TRAVELAY suppliers and Service Providers are independent contractors and not agents or employees of TRAVELAY is not liable for a supplier’s acts, errors, omissions, representations, warranties, breaches or negligence or for any losses, personal injuries, death, property damage, or other damages or expenses arising out of any act or omission of a supplier.

14.4 Destination Risk. By offering Travel Products in international destinations on the Website, TRAVELAY does not warrant that travel to such destinations is without risk. Accordingly, TRAVELAY will not be liable for any damages or losses that may be incurred by you as a result of you travelling to such destinations. You are strongly advised to check the relevant travel advisories issued by your country for any destination you are visiting and to take the necessary precautions. TRAVELAY cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments from which you originate. It is your responsibility to obtain the necessary documents.

14.5 Taxes. The tax charge on any Travel Product purchase(s) via TRAVELAY is a recovery of all applicable transaction taxes that TRAVELAY pays its suppliers in connection with your travel arrangements. Taxability and the appropriate tax rate can vary greatly by location. TRAVELAY actual tax cost paid to the supplier may vary from the tax recovery charge, depending upon the rates and taxability in effect at the time. You acknowledge that TRAVELAY is under no obligation to account to you or refund you in this regard.

14.6 Currency Rates. The currency rates displayed on the Website are not verified or guaranteed by TRAVELAY as being accurate and should be used as guidelines only. Rates are not guaranteed to be updated every day and actual rates may vary.

14.7 Accuracy of Information. The information, software, products, and services published on the Website may include inaccuracies or errors, including pricing errors. TRAVELAY and its affiliates do not guarantee the accuracy of any part of the Website and disclaim all liability for any errors or other inaccuracies relating to the information, pricing and description of the Travel Products on the Website. In addition, TRAVELAY expressly reserves the right to correct any pricing errors on our Website on pending and/or confirmed reservations made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your pending Booking at the correct price or we will cancel your booking without penalty.

14.8 The information, software, Travel Products, and Services that are published, displayed or used on this website may include inaccuracies or typographical errors and TRAVELAY and its suppliers will not, therefore, be liable for any inaccuracies displayed on the website relating to, without limitation: descriptions of Travel Products; photographs of Travel Products; the property of Accommodation Providers, or; lists of amenities or facilities and their respective availability.

14.9 Any ratings of Travel Products displayed on the Website are intended only as general guidelines. TRAVELAY does not, therefore, guarantee the accuracy of the ratings, which may change from time to time. Any reliance you place on such ratings is at your own entire risk.

14.10 Our Rights. We reserve the right not to accept customers or Bookings (or, in exceptional cases, to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or Booking include, but are not limited to Service Provider request, breach of the Terms of Use, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious Bookings, submission by the customer of misleading or erroneous information, credit card problems, inappropriate behaviour, threats, insults, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, or blacklisting by governments or international organizations. Where a booking is rejected or cancelled by TRAVELAY and a payment has already been made, you will receive a refund of the Total Price. We also reserve the right to bar (“blacklist”) users from the Website, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Website under any other name or through any other user. You must also not create more than one TRAVELAY Account. In rare cases, we may also have to cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Website (e.g. in terms of price) which a reasonable person would not consider being normal. The amount charged will be reimbursed without charge in such a case. Whether to cancel or reject a Booking, for this reason, is at TRAVELAY sole discretion.

14.11 Compliance with Law Enforcement. These Terms are subject to existing laws and legal processes that TRAVELAY is subject to in delivering the Services and all other aspects of these Terms. Nothing contained in these Terms limits our right to comply with law enforcement, governmental or legal requests, or requirements relating to your use of the Services. To the extent permitted by applicable law, you agree to bring any claim or cause of action arising from or relating to your access or use of the Services 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.

14.12 Entire Agreement. These Terms, including any other relevant terms and conditions or policies referenced herein, constitute the entire agreement between you and TRAVELAY with respect to the Services. These Terms supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and TRAVELAY with respect to the Services.

14.13 Severability. If any provision of these Terms is deemed invalid or unenforceable, the provision will be enforceable to the maximum extent permissible and the remaining provisions will remain in full force and effect. Any invalid or ineffective provision shall be replaced with a new, valid and effective one which corresponds to the intent and purpose of the provision that is being replaced.

14.14 Amendments to these Terms. These Terms may be amended at any stage without notice at our sole discretion and will be effective immediately upon their publication on the Website. By continuing to use the Services contained in these Terms, you agree to the changes set out in these Terms. If you do not agree to any modification to these Terms, you should cease using our Services immediately. We encourage you to review these Terms often to stay up to date with the current terms and conditions that apply to your use of the Services.

14.15 Data Processing. The information and personal data that you provide when purchasing a Booking are processed in accordance with our Privacy Policy, which forms an inseparable part of these Terms. By accepting these Terms, you confirm that you have read and understood our Privacy Policy.

14.16 Force majeure. Our contractual obligations to you under these Terms will be hindered, delayed, or prevented due to reasons of force majeure, which include, but are not limited to, factual, technical, political, economic, meteorological circumstances, including but not limited to acts of God, natural disasters, epidemics, civil conflicts, protests, riots, blackouts, strikes, wars, any governmental or regulatory action, outage or restrictions of supplies of goods or services, restrictive travel orders and recommendations and other circumstances that TRAVELAY cannot foresee or reasonably resolve. In instances of force majeure, we are exempt from any derived legal responsibilities arising from such deficiencies or non-compliances.

14.17 Governing Law. These Terms, the legal relations established under these Terms, and all disputes arising out of or in connection with these Terms, are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia.

14.18 Agreement. By completing a booking, or by using any other part of our Services listed in these Terms, you acknowledge that you are at least 18 years of age (or the legal minimum age in countries where the legal minimum age is greater than 18), have the legal capacity to enter into a legally binding agreement and understand and agree to the above Terms and Conditions.