Terms of Service
Last updated: October 15, 2023
Contents
- 1. Introduction
- 2. Definitions
- 3. Acceptance of Terms
- 4. Eligibility
- 5. Bookings and Reservations
- 6. Payments
- 7. Cancellations and Refunds
- 8. Travel Documents
- 9. User Responsibilities
- 10. Intellectual Property
- 11. Disclaimers
- 12. Limitation of Liability
- 13. Indemnification
- 14. Termination
- 15. Modifications to Terms
- 16. Governing Law
- 17. Dispute Resolution
- 18. Contact Us
1. Introduction
Welcome to Sec and Ecla Travel. These Terms of Service ("Terms") govern your use of the secandecla.com website (the "Site") and the travel services provided by Sec and Ecla Travel ("we," "our," or "us").
Please read these Terms carefully before using our Site or services. By accessing or using our Site or services, you agree to be bound by these Terms and our Privacy Policy.
2. Definitions
In these Terms:
- "Services" refers to the travel planning, booking, and advisory services provided by Sec and Ecla Travel.
- "User," "you," and "your" refer to the individual or entity accessing or using our Site or Services.
- "Content" refers to all information, text, images, data, links, software, or other material accessible through the Site or Services, whether created by us or provided by third parties.
- "Travel Suppliers" refers to third-party providers of travel services, including but not limited to airlines, hotels, tour operators, cruise lines, and car rental companies.
3. Acceptance of Terms
By accessing or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.
If you do not agree to these Terms, you must not access or use our Site or Services.
4. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.
5. Bookings and Reservations
5.1 Agency Relationship: We act as an agent for Travel Suppliers and are not the actual provider of travel services. The terms and conditions of the Travel Suppliers will apply to your booking and we recommend that you read them carefully.
5.2 Booking Confirmation: A contract between you and the Travel Supplier is formed when we issue a booking confirmation. Prior to this, we may provide quotes or estimates that are subject to change.
5.3 Accuracy of Information: You are responsible for ensuring the accuracy of all information provided for bookings, including but not limited to passenger names, contact details, and travel dates.
5.4 Special Requests: We will pass on reasonable special requests to Travel Suppliers but cannot guarantee that such requests will be honored.
5.5 Travel Advisories: It is your responsibility to check relevant government travel advisories before finalizing your travel plans.
6. Payments
6.1 Payment Methods: We accept various payment methods as specified on our Site. All payments are processed securely.
6.2 Deposit and Final Payment: For certain bookings, a deposit may be required to secure your reservation, with the final payment due by a specified date. Failure to make the final payment by the due date may result in cancellation of your booking and forfeiture of your deposit.
6.3 Pricing: All prices are quoted in Australian Dollars (AUD) unless otherwise specified. Prices are subject to change until your booking is confirmed.
6.4 Additional Charges: Prices do not include travel insurance, visa fees, passport costs, vaccination costs, additional meals, transport not specified, or any personal expenses unless explicitly stated.
6.5 Taxes and Fees: Prices may not include local taxes, resort fees, port charges, or other fees imposed by Travel Suppliers or governments, which must be paid by you.
7. Cancellations and Refunds
7.1 Cancellation by You: Cancellation policies vary depending on the Travel Supplier and the type of service booked. These will be communicated to you at the time of booking.
7.2 Cancellation Fees: Cancellation fees may apply as specified in the booking conditions. In addition, we may charge a service fee for processing cancellations and refunds.
7.3 Cancellation by Travel Supplier: If a Travel Supplier cancels your booking, we will assist you in finding alternative arrangements or obtaining a refund as per the Travel Supplier's terms.
7.4 Refund Processing: Refunds are processed according to the original payment method and may take several weeks to process, depending on the Travel Supplier and financial institutions involved.
7.5 Non-Refundable Services: Some services may be non-refundable, as specified at the time of booking. Travel insurance is recommended to cover potential cancellation costs.
8. Travel Documents
8.1 Passports and Visas: You are responsible for ensuring that you and all travelers in your party have valid passports, visas, and other required travel documents for all destinations on your itinerary.
8.2 Health Requirements: You are responsible for complying with any health requirements or recommendations for your destinations, including vaccinations and medications.
8.3 Travel Insurance: We strongly recommend that you obtain comprehensive travel insurance covering cancellations, medical expenses, personal accidents, personal liability, and repatriation. We are not responsible for any costs that would be covered by appropriate travel insurance.
9. User Responsibilities
9.1 Conduct: When using our Site or Services, you agree to:
- Comply with all applicable laws and regulations
- Provide accurate and complete information
- Respect the rights and privacy of others
- Not engage in any harmful, fraudulent, or deceptive activities
9.2 Account Security: If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
10. Intellectual Property
10.1 Ownership: All content on our Site, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Sec and Ecla Travel or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.
10.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Site for personal, non-commercial purposes.
10.3 Restrictions: You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from our Site
- Use our Site or its content for any commercial purpose
- Use data mining, robots, or similar data gathering methods
- Decompile, reverse engineer, or disassemble any software on our Site
11. Disclaimers
11.1 General Disclaimer: Our Site and Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our Site or the information, content, materials, or products included on our Site.
11.2 Third-Party Services: We do not warrant or make any representations regarding the use or results of the use of Travel Supplier services in terms of correctness, accuracy, reliability, or otherwise.
11.3 Travel Risks: Travel involves risks to personal health and safety. We are not responsible for any adverse consequences arising from your travel, including but not limited to illness, injury, crime, terrorism, or natural disasters.
12. Limitation of Liability
12.1 Limitation of Liability: To the maximum extent permitted by law, Sec and Ecla Travel and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use our Site or Services
- Any conduct or content of any third party on our Site
- Any content obtained from our Site
- The actions or inactions of Travel Suppliers
- Unauthorized access, use, or alteration of your transmissions or content
12.2 Maximum Liability: In no event shall our total liability to you for all claims exceed the amount paid by you to us for the Services giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Sec and Ecla Travel and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of our Site or Services
- Your violation of these Terms
- Your violation of any rights of a third party
- Your conduct in connection with our Site or Services
14. Termination
We reserve the right to terminate or suspend your access to our Site or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use our Site and Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Modifications to Terms
We reserve the right to modify or replace these Terms at any time. The most current version will be posted on our Site with the effective date.
Your continued use of our Site or Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Site and Services.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Your use of our Site and Services may also be subject to other local, state, national, or international laws.
17. Dispute Resolution
17.1 Informal Resolution: If you have a dispute with us, you agree to contact us first and attempt to resolve the dispute informally.
17.2 Formal Proceedings: If we cannot resolve a dispute informally, any legal action must be brought exclusively in the courts of Victoria, Australia, and you consent to the jurisdiction of those courts.
17.3 Time Limitation: You agree that any cause of action arising out of or related to our Site or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. Contact Us
If you have any questions about these Terms, please contact us:
- By email: [email protected]
- By phone: (+61) 3 9876 5432
- By mail: 123 Collins Street, Melbourne, VIC 3000, Australia