Terms and Conditions
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
- In these terms and conditions (“the Terms”), “Ratpack Travel”, “we”, “our” or “us” means Ratpack Travel Pty Ltd (ACN 637 419 437).
- These Terms apply to your access and use of the website accessible via domain ratpacktravel.com (“Website”), and any social media accounts operated by Ratpack Travel (collectively “the Sites”). By accessing or using any part of the Sites, you agree to be bound by these Terms as they appear on this Website from time to time.
- You must have legal capacity to accept these Terms in order to access or use the Sites.
- If you do not agree to these Terms, or you do not have legal capacity to accept these Terms, you should immediately cease accessing and using the Sites.
- By using, browsing or accessing this Website, you indicate that you have read, understood and accept these Terms, together with our Privacy Policy, and agree to abide by them.
- You acknowledge that the content available on the Sites (including, but not limited to logos, text, images or videos) is owned by, or licensed to, Ratpack Travel, and that the Site features common law and / or registered trade marks and other material which is protected by copyright and other intellectual property rights.
- Ratpack Travel reserves all rights in relation to its intellectual property rights. You agree not to use any content on the Sites without Ratpack Travel’s prior written consent.
- Nothing you do on or in relation to the Sites will transfer any intellectual property rights to you, or license to you any intellectual property rights.
- Unless otherwise expressly stated herein, you must not use, copy, modify or reproduce any part of the content on this Website for commercial purposes without obtaining the prior written consent from Ratpack Travel to do so.
- As a user of the Website, subject to your compliance with these Terms, your access to and use of the Website is permitted:
- to research campervan and car rentals and tours and excursions; and
- make a booking with a third-party provider through us for campervan rentals, car rentals, tours and excursions;
for your personal, non-commercial use.
- In accessing or using the Sites, you must not post or transmit on any part of the Sites anything which:
- breaches any laws or regulations or is contrary to any relevant standard or codes;
- interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site user from using the Sites;
- constitutes the promotion of gambling, the promotion of another website or commercial advertising (unless otherwise expressly permitted under a separate agreement with Ratpack Travel to advertise on any of the Sites);
- infringes anyone else’s copyright or other intellectual property rights;
- tampers with, hinders or modifies the Sites or any feature on the Sites; or
- knowingly transmits any viruses or other disabling features to the Sites.
- When providing us with information through the Sites (including, but not limited to, when you request us to provide you with a quote for a booking or when you ask us to make a booking on your behalf), you understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading information.
- Ratpack Travel reserves the right to refuse access to or discontinue service to any part of the Sites to any person or entity without obligation to assign a reason for doing so.
- To the maximum extent permissible by law, Ratpack Travel does not warrant that your access to or use of the Sites will be uninterrupted or error free or that the Sites or any material on or accessible through the Sites is free from errors, viruses, worms, trojan horses or other harmful components.
- To the maximum extent permissible by law, Ratpack Travel will not be liable if the Sites are unavailable (wholly or partly), for any reason, at any time or for any period.
- From time to time, Ratpack Travel may restrict access to some parts of the Sites (wholly or partly).
- Unless otherwise expressly agreed in writing with Ratpack Travel, or expressly set out herein, you must not use the Sites, or any content available on or through the Sites, for any commercial purpose.
- You may link to the home page of this Website from a third party website which is owned by yourself, provided you obtain our prior written consent. You can request our consent by sending an email to info@ratpacktravel.com.
- Links to this Website must not damage Ratpack Travel’s reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- This Website must not be framed on any other website, and you are expressly prohibited from creating a link to any part of the Website other than the home page.
- We attempt to keep the content appearing on the Sites and in any quotes provided to you, up to date. However, except as otherwise required by law, we do not warrant the accuracy, currency or continuity of the content.
- You acknowledge that the content on the Sites (such as information relating to price and inclusions for campervans and car rentals, as well as tours and excursions) has been placed on the Sites based on information provided to us by third-party providers. You agree that we are not liable for any error in the information available on the Sites which is caused by information provided to us by a third party being incomplete or incorrect.
- Information appearing on the Sites is subject to change at any time without notice to you.
- If you consider any content that has been posted to the Sites (by us or others) is offensive, unsuitable or has in some other way breached these Terms, please email us at info@ratpacktravel.com with a link to the relevant content and your reasons for objecting to it. We will consider your objection and determine whether the content should be removed from the Sites at our sole discretion.
- To the maximum extent permitted by law, all express or implied warranties, representations, statements, terms and conditions that are not otherwise expressly contained in these Terms are excluded.
- Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited.
- If any guarantee, term, condition or warranty is implied or imposed into these Terms (a Non-Excludable Provision) and Ratpack Travel is able to limit your remedy for a breach of such a Non-Excludable Provision, then Ratpack Travel’s liability for breach of the Non-Excludable Provision is limited to one or more of the following, at Ratpack Travel’s option:
i. the supplying of Ratpack Travel’s booking services again; or
ii. the payment of the cost of having the Ratpack Travel booking services supplied again (being an amount equivalent to the total amount of commission we received from the relevant booking). - To the maximum extent permitted by law, you acknowledge and agree that the services provided by Ratpack Travel pertain only to information and booking services, and that any supply of goods or services in connection with campervan or car rental or tours or excursions are provided directly by the third-party provider, and therefore any consumer guarantees applicable specifically to those goods or services are provided directly by the third-party supplier with whom you have the agreement for the supply.
- Subject to and without limitation to clause 6(c) of these Terms, and only to the maximum extent permitted by law:
- Ratpack Travel and its officers, employees and agents exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of opportunity or loss of enjoyment, arising directly or indirectly out of, or in connection with, these Terms, the use of the Sites by you or any other person, any policy of insurance taken out by you or your failure to take out any policy of insurance, any booking made or attempted to be made through our services and any use, or inability to use, any of the products or services booked through our services;
- you agree to release Ratpack Travel and its officers, employees and agents from any claim, demand or cause of action that you may have against any of them arising from these Terms, the use of the Sites by you or any other person, any campervan or car rental or tour or excursions booked, or attempted to be booked, using our services, any policy of insurance taken out by you, or your failure to take out any policy of insurance, and any use, or inability to use, any of the products or services booked through our services;
- you agree to release us and indemnify us from any claims, costs, loss, liability, expenses or fees arising out of, or incurred in connection with, damage to property, death, illness, or personal injury, arising out of, or incurred in connection with, any use of any campervan or car or on any tour or excursion booked using our services;
- Ratpack Travel may plead the releases and indemnities set out in this clause 6(d) as a bar and complete defence to any claims or proceedings.
- You acknowledge and agree that your use of a vehicle booked through our services, or the taking of any tour or excursion booked through our services, will be governed by the terms of the agreement between you and the third-party provider, and that to the maximum extent permitted by law, we are not liable to you for:
- any disputes that arise between you and that third party provider in relation to that agreement; or
- any acts or omissions of the third-party provider in performing their obligations under that agreement; or
- any unfair terms in the agreement between the third-party provider and you for the supply of the relevant goods or services.
- To the extent permitted by law, all information on or linked to on the Sites is provided “as is” and “as available” without any expressed or implied warranty or representation.
- To the extent permitted by law, you agree to indemnify and hold Ratpack Travel and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of, or in connection with, content you submit, post, transmit or otherwise make available through the Sites, your use of the Sites, your connection to the Sites, your breach of these Terms, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
- If you upload any images, videos, blogs, comments or reviews (“Uploaded Content”) to any of the Sites or otherwise provide them to Ratpack Travel in any way (including, but not limited to, via email, the Website or any social media account maintained by or for the benefit of Ratpack Travel), you provide Ratpack Travel with a royalty-free, irrevocable, worldwide, perpetual, assignable and sub-licensable licence to use the Uploaded Content for any purpose, including in any commercial advertising for Ratpack Travel, and you consent to Ratpack Travel reposting the Uploaded Content to any other part of the Sites or in any of Ratpack Travel’s marketing materials, at any time after you have uploaded it, regardless of whether you later remove or delete it from the location where you uploaded it.
- You warrant in favour of Ratpack Travel that you have the right to provide any Uploaded Content referred to in clause 7(a) of these Terms, and to provide Ratpack Travel with the licence set out in clause 7(a) of these Terms in relation to the Uploaded Content, and that doing so will not infringe on any third-party rights (including, but not limited to, any rights to copyright, trade marks or confidential information). You indemnify Ratpack Travel from any loss (on a full indemnity basis) associated with, or arising out of, a breach of this warranty.
- You provide Ratpack Travel with unconditional and irrevocable consent for the Uploaded Content to be altered, edited, deleted or adapted as Ratpack Travel thinks fit, including in a way that would otherwise be a breach of your moral rights prior to Ratpack Travel’s use of the Uploaded Content as contemplated herein.
- You agree that you do not require, nor does anyone else require, attribution or payment of a fee (unless otherwise expressly agreed prior to you uploading the Uploaded Content in a separate agreement) for the licence in the Uploaded Content.
- When you access the Sites or otherwise provide us with any information about you or anyone else, you agree that we will handle that information in accordance with our Privacy Policy and you consent to us collecting, using and disclosing that information accordingly.
- No data transmission over the Internet can be guaranteed as totally secure. Ratpack Travel does not warrant and cannot ensure the security of any information which you transmit to us over the internet. For this reason, any information which you transmit to us is transmitted at your own risk. We will however take reasonable steps to preserve the security of such information once we receive your transmission.
- If you submit a booking enquiry to us, then this clause 9 of these Terms will apply.
- In order for us to provide you with any quotes or estimates for the rental of campervans or caravans you will be required to provide us with your pickup and drop off destination, the number of travellers (including adults and children), your chosen travel dates, the size requirements for the vehicle, your name, email address and phone number. We will use this information to customise quotes or estimates to meet your requirements, communicate those quotes or estimates to you, and, if required, book your vehicle with the third-party provider.
- You acknowledge and agree that quotes and estimates are prepared based on information made available to us at the time by third-party providers, and bookings will not be considered confirmed or complete until you have paid the required booking deposit or booking fee and the third-party provider has accepted and confirmed the booking. We will advise you when your booking is confirmed after we receive confirmation from the relevant third-party provider.
- Changes to fees or inclusions may occur between when we provide you with quotes or estimates based on the information available to us at the time, and when we attend to make a booking on your request. If we cannot secure the booking based on the quotes or estimates provided to you, we will seek your further approval to any variations, or instructions not to proceed with the booking, before making the booking.
- We cannot hold any quotes or estimates at the prices quoted for any period of time, and all quotes and estimates are subject to change between when we provide them to you and when we make the booking with the third-party provider.
- We are not liable to you for any loss that you suffer in connection with any increased cost of rental or tours and excursions as a result of any reasonable delay in the period between when you request for us to make a booking and when we attend to make the booking.
- We will only attend to responding to requests for quotes and booking services during our business hours. Our business hours may vary based on public holidays and certain periods of the year, such as the Christmas period.
- Options set out in the quotes will be compiled based on offers available only from third-party providers with whom we have a commercial relationship. You acknowledge that we will be paid a commission, being a percentage of the price you pay for the vehicle, tour or excursion, from the third party provider if you book through our services.
- Strike-through pricing noted in our quotes shows the price generally available to the public directly by the third-party provider for those same products on the same dates and the price available to you when booking through Ratpack Travel.
- Total discounted rates noted in our quotes refers to the total price payable by you for the rental of the vehicle in the case of campervans and cars, or the price of the voucher in the case of tours or excursions.
- In the case of vehicle rental:
- unless otherwise stated in the quote, the total price payable in our initial quote excludes any vehicle insurance or bond;
- some third party providers offer their own policies of insurance, or may be able to arrange insurance by third party insurers;
- we may reference in our quotes, information relating to insurance which is provided to us from third party providers, and where we do, all such information referenced is as provided to us by the relevant third party provider and is subject to verification by you at the time you directly purchase the policy;
- if you elect to take out any policies of insurance referenced in our quote, the third party provider will provide you with the policy information, product disclosure statements and arrange for those policies of insurance to be put in place on the date on which you collect the vehicle;
- if you elect not to take out any insurance for the vehicle, most third-party providers will require you to pay a significant bond to cover any damage to the vehicle, which is, subject to any third party provider terms and conditions, returned once the vehicle is returned undamaged;
- all agreements in relation to policies of insurance and bond arrangements are directly between you and the relevant insurance provider (in the case of policies of insurance) or the third party provider (in the case of agreements for the payment of a bond), as applicable;
- we do not provide you with any insurance advice, or any policies of insurance, as part of our services or arrange or secure any policy of insurance on your behalf. You are responsible for reviewing the relevant product disclosure statements and arranging any policy of insurance prior to, or on collection of the vehicle;
- before you purchase any policy of insurance, you should read and consider the relevant product disclosure statement. All information relating to insurance made available to you via the Website, or provided to you by us, are provided to us by the relevant third-party provider;
- subject to any third-party terms and conditions, the standard insurance excess varies and can be between $0 to $7,500, depending on the third party provider. Third-party providers may provide you with an option to pay an additional fee to reduce your applicable excess which you can arrange directly with the third-party provider on collection of your vehicle;
- if you purchase any policy of insurance from a third party provider, we may be paid a referral commission based on a percentage of the value of the insurance policy purchased by you.
- Whilst we use all reasonable efforts to ensure that images are accurate and not misleading of the product or service available from third-party providers, you acknowledge that images of vehicles and tours or excursions are made available to us by the third-party providers and that we are not present on the date of collection or redemption to verify what is provided by the third-party provider.
- To the maximum extent permitted by law, you release us from any liability for any discrepancies in the images shown on the quote, and the vehicle or experience provided to you by the third-party provider. You agree to raise any such discrepancies with the third-party provider with whom you have an agreement for the rental or provision of the experience. We value your feedback on any discrepancies so that we can raise this generally with the relevant third-party provider. We may, at our absolute discretion, provide you with reasonable assistance in resolving any dispute you may have with any such third-party provider.
- A payment processing fee, as advised to you at the time of booking, will be added when your payment is processed.
- If you request for us to make a booking for a campervan or car rental for your use, this clause 10 of these Terms will apply in relation to the campervan or car rental only.
- Ratpack Travel book your chosen campervan or car rental through third-party providers on your behalf. Third party providers each have their own terms and conditions which apply to their bookings once you pick up the vehicle, we will make these available to you prior to making the booking on your behalf. You appoint us as your agent for the purpose of making the booking, and you duly authorise us to make the booking in accordance with their relevant terms and conditions on your behalf and provide you with confirmation of the booking. You expressly acknowledge that any resulting agreement in relation to the rental is therefore between you and the third-party provider.
- Once a booking has been confirmed, a confirmation email will be sent to you with the details of your booking, including pick up and drop off dates, times, and addresses. You must advise us within 24 hours of receiving the booking confirmation if there are any errors or discrepancies in your booking.
- Once a deposit towards the booking has been paid by you, it is used to secure the booking and is therefore non-refundable.
- All payments will be paid in AUD or NZD, depending on your travel destination, which will be noted in your quote or estimate. A conversion between AUD or NZD will apply to the agreed currency when a deposit is paid via bank transfer.
- Unless another payment schedule is otherwise advised to you, all amounts payable for a booking must be paid in full (to us for payment to the third-party provider, or directly to the third-party provider, as advised to you) at least 66 days prior to the scheduled date for pick up of the vehicle.
- If you wish to cancel a booking, you must submit a request to us to cancel the booking on your behalf. In addition to forfeiture of the deposit paid, additional cancellation fees may also apply as set out in the terms and conditions of the relevant third-party supplier, which may also depend on the date on which you submit a request to cancel the booking.
- If you have paid more than the amount required for the deposit and any cancellation fees at the time of cancelling a booking, on your request, we will liaise with the third-party provider to arrange for a part refund to you of any overpayment. You appoint us as your agent to arrange for any refund from the third-party provider to be paid to you if any refund is applicable. You agree that we are not responsible for resolving any dispute between you and the third-party provider in relation to whether any refund is to be provided.
- We will only process refunds to you once we have received the refund funds from the third-party provider. Any refunds can take up to 10 business days to process via our payment facility. Any card fees paid during the booking process will remain non-refundable except as otherwise required by law. Refunds can only be returned to the card where the original payment was made.
- We will send you reminder emails as due dates for final balance payments approach.
- We reserve the right to cancel any bookings in our absolute discretion where you have not paid the final balance due at least 65 days prior to the scheduled pick-up date, or such other date as otherwise advised to you for final payment of the balance due, and you appoint us as your agent to attend to any such cancellation. If your booking is cancelled pursuant to this clause 10(k) of these Terms, subject to the terms and conditions of the third-party provider, any deposit paid by you may be forfeited and not be returned to you except as otherwise required by law. You release us from any claims, cost, loss, liability or expense incurred or experienced by you in connection with such cancellation.
- All payments must be paid in AUD or NZD, depending on the travel destination. Our preferred payment facility provider is ‘Stripe’. When a direct bank transfer is made for a deposit or remaining balance payment, the transfer must be made from the same currency as the account details are provided. I.e. GBP to GBP. We are only able to process a booking once payment is successfully approved.
- Without limitation to clauses 10(n) or 10(o) of these Terms, at least 30 days’ notice must be given when requesting any changes to a booking. The thirty-party operator reserves the right to reject changes. Any change request must be made in writing from you. Changes are subject to availability at the time of the request. Change requests can only be made within business days (Monday to Friday). We reserve the right to reply to change requests within business days only. We will endeavour to answer any requests within 48 hours of receiving a message.
- At the discretion of the campervan or car rental company, we can occasionally ‘open date’ your booking. You must give us 30 days’ notice (before your travel date) when requesting an open-dated booking. The request must be made in writing. Open-dated requests within 30 days of your travel date can only be made at the discretion of the third-party provider. The third-party provider reserves the right to reject open-dated requests outside of 30 days.
- The same total transaction value (or higher) in comparison to your original travel dates will apply to the total balance when making any date changes. When requesting a date change, the daily rental rates for your new dates may vary from your original booking balance depending on duration and season. Notice periods apply.
- Unless you make special arrangements directly with the third-party provider, your vehicle rental must be picked up within business hours of the third-party provider. Their business hours may vary depending on the pickup day, public holidays and certain seasons of the year, such as the Christmas period. It is your responsibility to check these business hours.
- The collection address for your vehicle will be stated within your confirmation. It is your responsibility to make your own way, at your own cost, to the depot address.
- You should email the third-party provider with any additional information applicable to your travel, such as flight details, especially when arriving on the same day as your pick-up. We cannot take any responsibility for your delay or failure to collect your vehicle as arranged. If you arrive after hours, you may need to pick up the vehicle the next working day and no refund would be provided in this event.
- It is essential you adhere to the drop-off address, date and time applicable to your booking, as stated on your booking confirmation. A failure to do so may result in additional charges imposed on you by the third-party provider. If you have any questions regarding collection times within ten days of arrival, please contact the third-party provider directly.
- You may be required by the third-party provider to sign documentation relating to policies of insurance or provide suitable photo identification at the time of collecting the vehicle. You agree to attend to these requirements at the time of collection of the vehicle, and you acknowledge that we are not responsible for any loss suffered by you if you fail to do so.
- You agree that if there is any damage to the vehicle whilst it is in your possession, or if any dispute arises between you and the third-party provider in relation to the state in which you return the vehicle, then you release Ratpack Travel from any liability in relation to such damage or dispute, and you acknowledge that you will be required to liaise with the third-party provider directly to resolve those issues.
- You agree to comply with all terms and conditions for the vehicle rental made known to you.
- You agree to indemnify us from any loss, cost, claim, liability or expense (including legal or debt collection fees on a full indemnity basis) we incur from any third-party provider as a result of, or arising out of, your breach of this clause 10 of these Terms, or the agreement between you and the relevant third-party provider.
- If you request for us to make a booking for a tour or excursion for your use, this clause 11 of these Terms will apply to that booking in relation to the tour or excursion only.
- Ratpack Travel order a voucher for your chosen tour or excursion on your behalf, which is redeemable by you through the relevant third-party providers, which will be made known to you in your confirmation.
- Third-party providers each have their own terms and conditions which apply to their bookings, which we will make available to you prior to ordering the voucher on your behalf to the extent they are made know to us. You appoint us as your agent for the purpose of ordering the voucher, and you duly authorise us to order the voucher on your behalf in accordance with their relevant terms and conditions and provide you with the voucher issued by the third-party provider. You expressly acknowledge that any resulting agreement in relation to the tour or excursion is therefore between you and the third-party provider.
- If you are ordering an ‘open date ticket’, you must book your travel dates in advance with the individual third-party provider as per the details provided on the voucher.
- If you are ordering tickets for set dates, you must ensure you redeem your tickets on the dates booked. If you wish to change these dates, you must contact the third-party provider directly to organise the change within any applicable notice period. You must reconfirm all booked dates 48 hours before travel (minimum guide only) or in the manner stated on your voucher. If applicable, dietary requirements should also be confirmed at this time.
- Many tours have extra costs and expenses which will be payable by you directly to the third-party provider in addition to the booking fees for the voucher. These expenses will differ for each third-party provider. Common extras include (as applicable) EMC Tax, stinger suit hire, luggage storage, sleeping bag hire, linen hire, national park fee, food, insurance, accommodation, equipment hire and petrol levy. We will alert you to extra costs to the extent reasonably practicable or made known to us by the third-party providers. However, you must also check with each third-party provider when reconfirming your ticket.
- Credit card and other additional fees paid to us at the time of making your booking are not transferable or refundable, except as otherwise required by law.
- Subject to any third-party provider specific terms and conditions, if your trip is cancelled by the tour or excursion third-party provider, and is no longer going ahead (outside of Natural Disasters), then you will receive a refund of the fee paid by you minus any credit card fees or booking fees payable to us for arranging the booking or you behalf.
- Please note that in the case of Natural Disasters (e.g. flood, cyclone, etc.), many service providers do not offer any refunds; therefore, a refund by our service will not be provided unless otherwise required by law. We strongly recommend you take out appropriate Travel Insurance to cover this situation at the time of making your booking.
- Whilst we normally attempt to process refunds swiftly, situations (such as natural disasters) may result in increased processing times due to high volume.
- We endeavour to package tours that will meet your requirements as advised to us. However, we take no responsibility for any matters that arise about or during individual tours or arrangements with individual third-party providers and you agree to release us from any such liability and to look to the third-party provider with whom you have an agreement directly for any compensation.
- Cancellation fees may apply if you wish to cancel the tour or excursion within 365 days of the scheduled date. The cancellation fees depend on the relevant third-party provider and often start at 25% of the total fee paid. We will provide you with the third-party provider’s cancellation and refund policy (if one is made available to us) prior to ordering the voucher on your behalf. You agree to pay any such cancellation fee applicable to your booking if you cancel your booking and a cancellation fee is imposed by the third-party provider.
- You are responsible for making your own way, at your own cost, to the location from which your tour or excursion is arranged to take place, on the date and at the time scheduled. This will be noted on your confirmation, and may be subject to change depending on the third-party provider’s terms and conditions.
- You agree to comply with all terms and conditions applicable for the tour or excursion made known to you.
- You agree to indemnify us from any loss, cost, claim, liability or expense (including legal or debt collection fees on a full indemnity basis) we incur from any third-party provider as a result of, or arising out of, your breach of this clause 11 of these Terms or the agreement between you and the third-party provider.
- If you make any booking through us that involves travel, this clause 12 of these Terms will apply.
- The Department of Foreign Affairs and Trade recommends that all travellers take out travel insurance. We can provide general information to you about travel insurance should you require it. It is your responsibility to purchase travel insurance to cover any costs which may be incurred by you associated with travel you book through us.
- You must have a valid passport, visa and other immigration requirements for all transiting and stopover destinations applicable to your itinerary. You should confirm these with the relevant High commissions, embassies or consulates. We do not accept any responsibility if you cannot travel due to not complying with any such requirements. Your passport must be valid for 12 months or more from your return date to Australia or New Zealand.
- If any part of the Terms would, but for this clause 13(a) be void, unenforceable or illegal in a jurisdiction:
- the provision is read down to the extent necessary to avoid that result; and
- if the provision cannot be read down, to that extent, it is severed in that jurisdiction.
- These Terms will be governed by the laws of the New South Wales, Australia and by continuing to access or use the Sites you agree to submit to the non-exclusive jurisdiction of the courts of the New South Wales, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.
- Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Ratpack Travel to act with respect to a breach by you or others does not waive Ratpack Travel’s right to act with respect to that breach or any subsequent or similar breaches.
- The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
- Ratpack Travel may revise these Terms from time to time by uploading a revised version of the Terms to the Website.