Terms & conditions
Valid from 6 August 2020
Introduction Terms and Conditions
These terms and conditions, as may be amended from time to time, apply to our services made available online, made available through various devices or by email, telephone or text. By completing a booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
The service provided through our website to you are owned, operated and provided by Australian Backpackers and are provided for your use, subject to the terms and conditions set out below. All prices shown are in Australian Dollars (AUD). The relationship that we have with Campervan and Tour operators are fixed agreement and we are solely an agent and our terms and conditions relate purely to the booking process. Booked campervans and/or tours are governed by separate terms and conditions offered by each Operator.
"Australian Backpacker(s)", "us", "we" or "our" means Australian Backpackers a registered business incorporated under the laws of Australia. "Platform" means the (mobile) website and on which campervan rentals and tours that are made available for booking "Product(s)" means the various campervans or tours booked by you from the operator. “Operator(s)” means the various companies we partner where their products are made available on our platform. "Booking(s)" means the order, purchase, payment, booking or reservation of a or a product by you made available by us.
1. Scope and nature of our Service
Through the Platform, We provide an online service through which Operators in their professional conduct of business have their Products advertised to promote, market and sell for Booking and through which customers of the Platform can discover,
search, compare products. By Booking you enter into a direct (legally binding) contractual relationship with the operator. From the point at which you make your Booking, We act solely as an intermediary between you and the Operator, transmitting the relevant details of your Booking to the relevant Operator and sending you a confirmation email for and on behalf of the Operator.
When rendering our Platform for Products, the information that We disclose is based on the information provided to Us by the Operator. Although we will use reasonable skill and care in ensuring information is correct through our Platform, We cannot guarantee that, all information is accurate, complete or correct, nor can We be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Operator made available.
Our platform is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Prices, crossed-out rates and Price Beat
The prices as offered on our Platform are highly competitive. All prices for products offered are displayed including GST, unless stated differently on our Platform or the confirmation email. Pricing is subject to validity or expiration as indicated on the quote, if applicable. Applicable fees and taxes in the event of a no-show or cancellation.
Sometimes cheaper rates are available on our Platform provided by us for specific products. The crossed-out rate shown for products is the normal recommended retail
price and the new rate is Our rate offered to you. We want you to pay the lowest price possible for your product. Should you find your preferred product of choice, with the same conditions, at a lower rate we will work to provide you a better price if possible.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.
3. Privacy and cookies
We respects your privacy. Please have a look at our Privacy & Cookies Policy for further information.
4. Free of charge for consumers
Unless indicated otherwise, our service and Platform is free of charge for you, we will not charge you for our platform or add any additional (booking) fees to the rate. You will pay the operator the relevant amount as indicated in the Booking
Only Operators which have a commercial relationship with Us will be made available on our Platform. We are not an open platform (like eBay) where end users can make their product available (no C2C platform); We do not advertise, promote or allow non-professional operators Products on or through our platform.
5. Payment Gateway, Credit card or bank transfer
We facilitate (through third party payment processors) the payment of the relevant products (i.e. the payment facilitation service). Payment is safely processed from your credit/debit card or bank account to Us through a third party payment gateway offered by a secure third party payment processing provider. Any payment facilitated
by Us for and on behalf of the Operator, will in each case constitute a payment of (part of) the booking price by you of the relevant product in the final settlement of the Product.
If applicable and available, We may offer the opportunity for Products to be paid (wholly or partly) to Us by means of bank transfer (all to the extent offered and supported by your bank). For certain products, please note that Operators may require that payment is made upfront where you have been offered the means of bank transfer.
6. Pre-payment, cancellation, no-show and fine print
By making a Booking for a Product on Our Platform, you agree that the deposit paid is non-refundable, non-transferable and accept and agree to the relevant cancellation and no-show policy of the relevant Operators, and to any additional cancellation fees that may apply to your Booking by the Operator or Us. The relevant terms and conditions of each Operator can be obtained with the relevant Operator. The general cancellation and no-show policy of each Operator are also made available below by clicking on the relevant link. Although we will use reasonable skill and care in ensuring the the links are not broken or are directing you to the right and most up to date page, We cannot guarantee that, all information is accurate, complete or correct, nor can We be held responsible for any errors inaccurate, misleading or untrue information or non-delivery of information.
Cancellation policies may vary per Product. Please ensure that you have read the relevant terms and conditions of each Operator carefully prior to Booking (e.g. in respect of age requirement, security deposit, cancellations). Late payment, wrong bank, debit or invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount.
If you wish to review, adjust or cancel your Booking, please get in touch with Our customer service team. Please note that you may be charged for your amendment or cancellation in accordance with Our and the Operators cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Operator so the Operator knows when to expect you to avoid cancellation of your Booking or charge of the no-show fee. Our customer service department can help you if needed with informing the Operator. We do not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Operator.
7. (Further) correspondence and communication
By completing a booking, you agree to receive (i) an email which we may send you giving you information on your destination and providing you with certain information and offers relevant to your booking and destination, (ii) an email after arrival to rate the (experience with your) Operator and the Product, and (iii) an email which we may send to you promptly after your booking inviting you to complete a review for Australian Backpackers.
We disclaim any liability or responsibility for any communication by or with the
Operator after Booking. You cannot derive any rights from any request to, or communication with the Operator or (any form of) acknowledgement of receipt of any communication or request. We cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the operator.
In order to duly complete and secure your Booking, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against the Product during or after the Booking must be promptly submitted to the Operator. We are not responsible or take liability for these complaints. However, We can help with communicating with the Operator.
Our customer service department can help you if needed with informing the operator. We do not accept any liability or responsibility for the consequences of your claim or complaint.
to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) the services rendered or the products offered by the platform on behalf of the Operators damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (iii) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort
or strict liability by or (wholly or partly) attributable to the Operator or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability in respect of the Booking. Complaints or claims in respect of the Booking (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Operator. We are not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
Whether or not the Operator has charged you for your Booking, or if we are facilitating the payment of the Booking, you agree and acknowledge that the Operator is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the Booking price or fee to the relevant tax authorities. We are not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the booking price or fee to the relevant tax authorities.
9. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned solely by Australian Backpackers.
We exclusively retain ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or
otherwise use the content of our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our content or would otherwise own any intellectual property rights in the Platform or any content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Australian Backpackers. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
10. Applicable law, jurisdiction, and dispute resolution
These terms and conditions and the provision of our services shall be governed by and construed in accordance with Australian law. Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in NSW, Australia.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
11. About Australian Backpackers
Australian Backpackers commenced as a travel company in 2001 booking campervan rentals and tours for people from every walk of life to experience our beautiful Australian Shores.
With a mission to help adventurers find their way, we connect travellers with campervan operators across Australia comparing prices across a range of incredible vehicles to help you make the right choice for your self drive holiday.
At Australian Backpackers our goal is for you to love Australia like we do so we travel with you the whole trip to ensure you have the best experience possible.