Booking Terms and Conditions
The website of www.luxuryescapes.com ("the Site") is owned and operated by Lux Group Limited, ABN 11 601 688 966, trading as Luxescapes Travel, IATA License No. 0236419-1. On this website and in these booking conditions Luxury Escapes and entities that are related or affiliated with it in the provision of the services it agrees to provide (where the context admits, together with its and their employees and agents) are included in the expressions the "Company", "Luxury Escapes", "we", "our" or "us" and a person taking advantage of the services offered by Luxury Escapes, all other persons (if any) included with that person in the booking are included in the expression "you", "your", a "client" or "passenger".
Luxury Escapes sells bookings, ticketing and other ancillary services of and for travel, accommodation and other leisure activities (“Arrangements”). Luxury Escapes is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities described on this website (“Travel Products”). Luxury Escapes acts as your agent in making the Arrangements with third party suppliers who provide Travel Products as principals (“Suppliers”). Luxury Escapes is not the agent of any such principal. You will also be subject to the terms and conditions of any third party suppliers in addition to these terms and conditions.
This agreement is between you and Luxury Escapes Travel Pty Ltd (ABN 16 150 650 927) (referred to in this document as "us" or "we") By visiting and/or using the LuxuryEscapes.com website (the "Website") you agree to be bound by the terms of this agreement ("agreement"). We may modify our terms and conditions without notice at any time where such amendment does not substantially effect your rights and obligations. If such changes of our terms and conditions substantially effect your rights and obligations we will notify you by email with these changes as they occur.
By using our site to search for and/or book the products and/or services offered, you are indicating:
- that you have read our User Agreement posted on our Site and
- your acceptance of our User Agreement.
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure
- You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
- You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
- You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
- You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a voucher or vouchers, we will email you a copy of any vouchers prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.
- You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.
- You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
- 'Administrative Emails' involve details of account activity and purchases you have made
- Users (referred to as 'Referrers') are able to earn Luxury Escapes Credits (referred to as 'Credits') if they refer users who register with us (referred to as 'Referees') and those Referees purchase Luxury Escapes offers.
- Currently, Referrers are able to accumulate Credits by referring other people to Luxury Escapes.
- We reserve the right to alter the value of Credits to Referrers and the duration of credit at any time.
- If a Referee closes their Luxury Escapes account (or is removed by Luxury Escapes), the Referrer will no longer accumulate Credits.
- If your registration on our Website is cancelled or terminated by us in accordance with these Terms and Conditions, any accrued Credits will be forfeited.
- You may apply Credits to the purchase price of an offer. For example, if you have $200 Credits and wish to purchase a voucher which costs $500, you would also need to spend $300 on your credit card along with $200 Credits to purchase the deal.
- We reserve the right to alter the amount and ratio of Credits we grant at our absolute discretion. We also reserve the right to cancel members' Credits if they have breached these Terms and Conditions.
- Credits will expire 365 days after they have been credited to your account. Credits are not transferable or assignable and cannot be redeemed in any way other than in accordance with this clause.
In order to purchase any item (and access certain ‘members only’ areas of the Website), you need to be a registered member of the Website. When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately (firstname.lastname@example.org) and address your email to the Chief Operating Officer. We are not liable for any unauthorised use of your account.
By making a purchase through the Website you warrant that you are over 18 and that you have the legal right and ability to enter into a legally binding agreement with us. No persons under the age of eighteen (18) are permitted to use the Website or to sign up as a member of the website.
We reserve the right to change, alter, vary or amend the Website at any time. We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those vouchers that you had previously purchased through the Website.
For orders on Luxury Escapes, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where applicable) and all other price components (including relevant taxes and charges).
Use of Website by you
Information on this Website
Information about offers on the Website may be based on material provided by third party businesses ("merchants"). We do our best to verify the information provided to us by merchants but we cannot guarantee its accuracy on all occasions.
Purchases made by you to purchase a travel offer are made under the specific terms and conditions in this agreement, together with any merchant-specific terms and conditions listed under the “Fine Print” of the offer, together with any specific terms and conditions of the merchant. Promotion of offers on the site does not constitute a legally binding offer, but rather, are an invitation to treat.
We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received. Once placed, you cannot cancel your order.
The prices of offers include all taxes and charges, including GST (where applicable). Prices of products and services are current at time of display however are subject to change.
All payments must be received in full prior to a voucher or confirmation being issued. If your payment is not received or declined by your bank or credit card issuer, we cannot 'hold' vouchers on your behalf.
Travel Agreements and Travel Products
Booking of travel arrangements and payment for travel products (which can include both land and passage components) shall be considered proof that you have read our booking conditions that you accept them without reservation as constituting the entire agreement between you and the Company which can only be varied by an officer of the Company in writing.
All travel products arranged by the Company are provided by Suppliers believed by the Company to be reputable and to operate in accordance with the standards set down by their own local authorities. Those travel products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and the Company accepts no responsibility for them and does not make or give any warranty or representation as to their standard. Any legal recourse you may have in respect of those travel products is against those Suppliers and not against the Company.
The Company recommends that all passengers take out adequate travel insurance cover valid for the entire duration of their travel arrangements.
Accessibility of Travel Voucher/Booking Confirmation
Your travel voucher/booking confirmation will be accessible via your account with us. You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a voucher or booking confirmation.
Travel Voucher/Booking Confirmation
The Travel Voucher/Booking Confirmation you purchase is redeemable for the specified offer from the relevant supplier(s). The relevant supplier(s), not Luxury Escapes, is the seller of the product and is solely responsible for honouring the voucher you purchase. Whilst we try (as much as possible) to ensure that we only promote those merchants who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.
Vouchers cannot be exchanged or redeemed for cash. Unless specifically stated otherwise, vouchers cannot be combined with any other gift certificates, vouchers or promotions.
We are not responsible for lost or stolen vouchers or fraudulent use of the travel voucher/booking confirmation's unique reference number.
If you elect to purchase a voucher without specifying travel dates at purchase, all offers are offered by suppliers subject to availability. Luxury Escapes recommends making bookings at least THREE (3) months in advance. Peak times (such as weekends or holiday periods) should be booked further in advance (and will often be limited). We do not guarantee that services will be available at your preferred date and time.
Bookings are made subject to any supplier policies.
If you alter your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your voucher (depending on the specific terms and conditions of the merchant)
You will be required to produce a travel voucher or booking confirmation at check in. In the event that you forget, lose, misplace or have the voucher stolen, you will be required to produce another copy of the voucher. Neither Luxury Escapes, nor the merchant, shall be required to provide any refund or a replacement booking or product, in the event that you fail to produce a travel voucher/booking confirmation upon request
Voucher expiry and extension
The travel voucher/booking confirmation will expires on the date indicated on the travel voucher/booking confirmation. Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honoured by the merchant.
In the event that a voucher specifies a ‘book by’ date, all bookings must be made with the supplier prior to that date.
Merchant Terms & Conditions
Any Terms and Conditions of the supplier will always apply in addition to any specific terms of the offer stated by Luxury Escapes. For example, if a merchant is not open on certain days, the voucher will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a voucher on account of the merchant's usual terms and conditions.
Unless the offer specifically provides otherwise, offers must be used over one contiguous period. For example, if a voucher entitles you to four nights at a resort, those four nights must be used consecutively - you cannot use two nights over one period, and then two nights over another.
Changes in Price and Itineraries
Prices are in Australian dollars (except where stated otherwise) are correct at the time of printing and are subject to change without notice. The price that is applicable at any time is that which is quoted at that time by the Company’s computer based system. Some prices can only be guaranteed at the time the booking is made and may differ from that quoted as it is based on the “best available rate of the day from the supplier”.
Government taxes and charges imposed by Suppliers or third parties, including airline fuel surcharges, taxes or ticketing fees are subject to change. If any increase in such taxes or charges or any currency fluctuation increases the price of your booking, the Company reserves the right to adjust your price by including additional charges, together with any applicable service fee and GST, at any time prior to our issuing your travel documentation following receipt of the balance of your price.
We will notify you of schedule or price changes made by suppliers for any reason beyond our control. If the change or changes result in your travel arrangements costing more, or otherwise being materially different from those prior to the change or changes being effected (and in respect of which we have already accepted your full payment) you may rearrange them or withdraw and monies already paid will be refunded less any charges levied by Suppliers. Any quote given is an estimate only of price and is subject to written confirmation, when accepted by a passenger within five (5) days of the quote being given. The Company reserves the right to correct any errors in amounts quoted, calculated or billed in respect of a booking, even if full payment has been made.
Price and Invoice Errors
The Company endeavours to ensure that all prices listed on the Website are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, the Company reserves the right, up to and including the date of check-in, to adjust any fees, charges or prices as necessary, even if the travel products acquired have been paid for in full, to reflect such cost increases passed onto the Company.
The Company reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the travel products acquired have been paid for in full.
Cancellations, Alterations, Refunds, and Reissues
If you cancel or terminate your holiday (either before or after travel has commenced) you will forfeit all payments made. For this reason Luxury Escapes strongly recommends that your travel insurance policy includes cover for cancellation charges in the event of cancellation due to illness or other circumstances. This may result in a delay in processing any refund due as we await advice of cancellation charges by airlines, hotels and ground/cruise operators.
Alteration of a booking after issue of booking documents (including electronic issue) - in addition to any charges levied by hotels, ground/cruise operators or airlines:
A service payment of $55 will apply per issued airline ticket.
Luxury Escapes may in very limited circumstances be able to provide a refund in accordance with our Refund Policy.
What is not included in Luxury Escapes products
Passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to tour Directors, motor coach drivers and local city guides, items of a personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry, detention in, or expulsion or repatriation from a country or part of a country. The Company is not liable for any expense, costs or loss incurred in relation to such matters. You agree not to hold the Company responsible for any such things.
You should immediately after purchasing any travel product arrange your own insurance. The Company recommends travel insurance against loss of deposits through cancellation charges, baggage loss, medical expenses and theft. The Company makes no representations or guarantees concerning reimbursements of funds paid by you under any insurance claim. You agree not to hold the Company responsible for any decision made by insurers, and/or by any suppliers, or requirements of any overseas country or governmental authority or overseas laws and policies.
Passports, Visa, Vaccinations, and Baggage
A visa does not guarantee you entry to a country or permission to remain in it. Some countries may refuse entry because of your health, condition, or other circumstances or for other reasons, or may detain, expel or repatriate you. It is your responsibility to find out about applicable entry and other requirements of overseas countries you are intending to visit. These things are not our responsibility.
You should check with the embassies or consulates or other authorities of the countries in which you intend to travel for any health, entry or visa requirements that are applicable and you should make the appropriate disclosures as required. A failure to disclose a health condition may result in the applicable country refusing you entry, or in you being detained, expelled or repatriated from it.
The Company and/or its servants and agents accept no responsibility if you are refused entry into the country/countries of your destination. The Company and/or its servants and agents are not liable for any expenses, costs liabilities or loss incurred in relation to such matters. You agree to not hold the Company including its servants and agents responsible for any such thing. The Company/and or its servants and agents are not responsible for any disclosures of a health condition made by other suppliers who provide services on the holiday or for the acts of any governmental instrumentalities of the countries connected to your holiday.
You are responsible for all visas, entry, health and other requirements and any documents required by laws, regulations, orders and/or requirements of countries visited. The Company and/or its servants and agents are not responsible for passport and visa requirements or for any loss you sustain for failing to comply with laws, regulations, orders and/or requirements of countries visited. To ensure the safety of all passengers, including you, it may be necessary for the Company and/or its servants and agents to disclose your condition of health to suppliers of other services connected with your holiday. You authorise the Company and/or its servants and agents to make such disclosure on your behalf and agree that a disclosure by the Company and/or its servants and agents shall not amount to a breach of confidence or duty and you will not hold the Company and/or its servants and agents liable in tort (actionable wrong) or in contract or under any anti-discrimination laws.
Passport Checks: You are required to ensure names being used to make a booking with the Company are exactly as those appearing in the passports. Any name/initial or spelling changes will incur a $55 fee per change plus any airline imposed fees.
Room Bedding Guide
All prices on this website are based on existing bedding in the room. Requests for particular arrangements must be made at the time of booking (for example, twin share, separate beds, additional rollaway beds may be arranged at time of check-in and additional charges may be payable direct to the hotel). Some hotels may also have maximum capacity for particular rooms.
Frequent Flyer Points
Airfares may or may not attract Frequent Flyer points. This decision rests with the airline and is not the responsibility of the Company. For further information please contact the airline directly.
Limitations of Liability
The Company arranges your holiday, which will be provided by other suppliers. The Company sells holidays in Australia that are arranged by the Company or by entities related to or affiliated with it. The Company provides you and other passengers with bookings, arrangements, ticketing and other ancillary and related services.
The Company does not itself provide the transport, accommodation, meals or other facilities described on this website that you may receive on your holiday, all of which are provided by air and land carriers, cruise operators, hoteliers or suppliers of other services as principals.
The Company agrees to make the reservations with the principals offering the services described on this website on these terms and conditions. All coupons, exchange orders, contracts, tickets or vouchers issued by the Company (collectively "vouchers") are issued subject to all tariffs terms and conditions contained in the contracts in use by the principals when used and constitute the sole contract between the principal and the passenger. Acceptance of such vouchers constitutes acceptance of the foregoing.
All information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.
The Company shall be responsible to any purchaser for arranging supply of the services described on this website, except where such services cannot be supplied or the itinerary used is changed due to delays or other causes of whatever kind or nature beyond the control of the Company.
In such circumstances, the Company will do its best to arrange supply of comparable services and itineraries and there shall be no refund in this connection. In the absence of its own negligence, neither the Company nor any agent or affiliate has any liability for any cancellations, diversions, substitution of equipment, variations, postponements or any other act, omission or default of air or land carriers, cruise operators, hoteliers or hotels, transport companies or any other suppliers nor for any consequences thereof such as changes in services, accommodation or facilities.
In the absence of its own negligence neither the Company nor any agent or affiliate shall be liable for any loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence, delay or from the act, error, omission, default or negligence of any person not its direct employee or under its exclusive control, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. Neither the Company nor any agent or affiliate is responsible for any criminal conduct by any third parties.
All bookings agreed to be made by the Company with the provider of any transport or other services are subject to the terms and conditions imposed on such suppliers in relation to matters that may not be expressly the subject of our agreement with them and, in particular, to the applicable laws, requirements and policies of any government, governmental authority or employee including, visa, entry, exit or transit.
Where the passenger occupies a motor coach seat fitted with a safety belt, neither the Company nor any agent, affiliate or supplier concerned will be liable for any injury, illness or death or for any loss damage or claim whatsoever arising from any accident or incident if the safety belt is not being worn at the time of such accident or incident. The Company accepts responsibility only for the services it provides.
The Company does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers. Neither the Company, nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise) of any governmental authorities, their officers, or employees or of any employees, or agents of airlines, air carriers, coach operators, other land carriers, shipping companies or operators, cruise or ferry operators, any other transport providers, hoteliers or other accommodation providers, any other facilities providers, tour directors, tour guides, travel agents, or the providers to you of meals, other goods or other services on your holiday or in relation to it and over whom the Company, its agents or affiliates have no direct control.
Neither the Company nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by your own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery.
Neither The Company nor any agent or affiliate accepts any liability or responsibility for any terms, conditions or requirements of any third party who provides some service in the course of your holiday. If you decide that you do not want to visit a country or part of a country you intended to visit because of any law, condition or requirements of any government or governmental authority, official, servant or agent, you are responsible for any costs, expenses, charges, fees, losses or damage incurred as a consequence and any cancellation or amendment fees.
Neither the Company nor any agent accepts any responsibility or liability for your acts, omissions, defaults, conduct, and state of health, condition or circumstances. Every effort is made to ensure website accuracy at all times. However, the Company cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.
Links to third party websites
The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.
The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
It is your responsibility to comply with the terms, conditions and requirements of any service provider, or any country or governmental authorities, or to bear any costs or losses incurred as a consequence of you not complying with them.
Standard of Service
The standard of service in your holiday is based on various factors and neither the company nor its servants or agents represent or guarantee the standard or fitness for purpose of the accommodation or services provided.
Complaints or Problems
We endeavour to ensure that the arrangements we have made for you are implemented as arranged. If a problem occurs, the most practical way to deal with it is to attempt resolution locally with the supplier (such as the hotel, tour operator or airline).
If you fail to follow this course, any claim for compensation may be reduced or denied. If you have any unresolved complaint, details should be lodged in writing (with supporting documentation, including efforts made with the service provider to resolve it) directly to the Company within 30 days of return to Australia.
We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant. If you wish to make a complaint in respect of a merchant, you must email that complaint to email@example.com.
Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refunds Policy.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.
Change of Control
Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
Communication by us
As a condition of registering for Luxury Escapes, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
Luxury Escape Credit
This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.Effective Date: 1 June 2013