|
1. General Terms: By accessing and / or registering on the Cadabra Pacific website you agree to abide by these terms and conditions, and use the service only for the intent and purpose specified, i.e. as an on-line facility for researching, planning and booking travel, including accommodation, activities, and transport. Cadabra Pacific reserves the right to make changes and additions to the website; the services on offer; and these terms and conditions without prior notification. These terms and conditions replace any previous published terms, and are the sole terms and conditions of trade.
2. Use of the Website: As a condition of your use of this Website, you warrant that
a) you are at least 18 years of age,
b) you have the legal authority to create a binding legal obligation,
c) you will use this Website in accordance with this Agreement,
d) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
e) all information supplied by you on this Website is true, accurate, current and complete, and
f) if you have register on Cadabra Pacific, you will safeguard your password and account information and will supervise and be completely responsible for any use of your account by anyone other than you.
3. Supply of Personal Information: You understand that the tools associated with Cadabra Pacific, used as intended, involve imparting information about yourself, and your intended travel. You understand that this information is required for the effective operation of Cadabra Pacific and that it will be used strictly according to our Privacy Policy.
4. Accuracy of Information and Limitation of Liability: Cadabra Pacific and its third party suppliers have taken reasonable care that the content of this travel web site, including all travel information and listings is correct but is subject to amendment at any time without notice. Cadabra Pacific publishes such information in good faith. As user you acknowledge and accept that:
a) Cadabra Pacific cannot and has not checked the accuracy of all detailed information provided by travel service providers. The listings may include errors and travel service providers are requested and encouraged to correct and update their information regularly and as needed. Cadabra Pacific will not be responsible for errors, omissions or misleading information in travel information and listings. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the website.
b) Fares, prices and exchanges rates are changing continuously. As such, until you make a booking the prices shown are only an estimate, based on available information.
c) If the rates or availability information that you have used to make a booking is found by us to be inaccurate we will notify you by email within two working days (Pacific time) and give you the option to accept or cancel that component of the travel. We will confirm all travel arrangements within the same timeframe.
d) You are solely responsible for the suitability of any travel services which you purchase by means of the service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of travel services for use in association with other travel services. Any travel agent's role in relation to your travel arrangements is limited to facilitating your booking and arranging travel documentation, payments and refunds as applicable. Cadabra Pacific accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, Cadabra Pacific disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by Cadabra Pacific to complete bookings where that failure is due to circumstances beyond its control.
e) Cadabra Pacific accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel services to you where your booking has been properly processed by it; nor is Cadabra Pacific responsible for any acts or omissions of third parties in the course of delivery of travel services. Where Cadabra Pacific is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to services not provided because of Cadabra Pacific's default. Where refunds are due to you from third party suppliers of travel products or services, Cadabra Pacific will provide reasonable assistance to you in claiming such funds from those suppliers. Under no circumstances will Cadabra Pacific be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages for disappointment.
f) The Cadabra Pacific website includes wikis and traveler ratings where members may enter their opinions on the services offered. Cadabra Pacific does not represent or guarantee the truthfulness, accuracy, or reliability of any content posted by other members or endorse any opinions expressed by members. You acknowledge that any reliance on material posted by other members will be at your own risk. Cadabra Pacific does not screen communications in advance and is not responsible for screening or monitoring material posted by members.
g) Warranties
To the maximum extent permitted by applicable law, Cadabra Pacific grants no warranties, express or implied, regarding this travel web site and any service or facilities provided including the booking engine. The site and any service or facility are being offered to you "as you see it". Cadabra Pacific will not be liable to you for the breach of any alleged warranty.
5. Payment: Payment is required by Credit Card at the time of Booking. If the booking is changed after the booking is made and additional payment is made an additional credit card transaction must be entered by you. We do not hold your credit card information and can not process additional payments automatically. If a refund is required, because you have cancelled some travel arrangements, we will refund the amount net of the advised cancellation fees within one working day (Pacific time).
6. Supply Of Content: As a Cadabra Pacific user you may enter wiki and travelers rating Information. You are responsible for the content and are responsible for the consequences of your posting such content. You must not:
a) post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it;
b) post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
c) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
d) post sexually-explicit images; Post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation;
e) impersonate another person or misrepresent your affiliation with any person or organization;
f) enter links to other websites;
g) access or use any secure or non-public areas of the website without authorization; or frame the website.
Cadabra Pacific reserves the right to edit any content submitted including text and images for any reason whatsoever. Cadabra Pacific has no liability or responsibility to you for performance or nonperformance of such activities. Cadabra Pacific reserves the right to remove Content, expel members and prevent their further access to the website for violating these Terms and Conditions or the law.
7. Supplier Terms and Conditions and Cancellation and Amendment Charges: In addition to these Terms and Conditions, a supplier may have specific requirements that will be shown at the time of adding a service to you itinerary. Please read these carefully. These may include fees may include booking fees, cancellation fees and, where amendment is permitted, amendment fees. In some cases, Cadabra Pacific may charge cancellation and/or amendment fees in addition to those imposed by travel service providers.
8. Termination: You agree that Cadabra Pacific may terminate your use of Cadabra Pacific if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Cadabra Pacific or any third party, or for any reason with or without notice to you. You agree that Cadabra Pacific may modify or discontinue this website, with or without notice to you. You agree that Cadabra Pacific will not be liable to you or any third party as a result of such modification or discontinuation. Cadabra Pacific reserve the right to remove accounts that are deemed non-active or have not been accessed for some time.
9. Jurisdiction: Cadabra Pacific is operated by a Pacific based entity and this Agreement is governed by the laws of Pacific. You hereby consent to the exclusive jurisdiction of courts in Pacific, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
|
|
|