Privacy Policy / Use of Website T&C

2022

Welcome to luxuryvillasaustralia.com (the "Website"). This Website is operated by Luxury Villas Worldwide, a Limited Liability Company (LLC) registered in Texas, USA. This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate bookings through the Website or otherwise transacting business with members and partners, and for no other purpose (together the “Services”). The terms "we", "us", "our", "Luxury Villas Australia.” The term "you" refers to any person visiting the Website and using or seeking to use any of the Services. This Website and the associated Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read these Terms of Use carefully. By accessing or using this Website, booking any reservations for travel-related products or services displayed on the Website, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use, or book any reservations through, this Website. We reserve the right at any time, at our sole discretion, to replace, change or otherwise modify the Agreement without prior notice by posting the revised version of this Agreement on the Website, and your continued access or use of this Website and the Services on and from the date it is posted to the Website signifies your acceptance of the replacement, updated or modified Agreement.

The information contained on this Website constitutes an invitation to treat and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to purchase the relevant travel-related products or services subject to this Agreement and any booking or carriage conditions of the relevant supplier. You acknowledge and agree that this Agreement constitutes a valid and enforceable contract.

Use of Website

As a condition of your use of this Website and any of the associated Services, you warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website or any of the Services only in accordance with these Terms of Use; (iv) you will not use this Website for any purpose that is unlawful or prohibited by this Agreement; (v) you will only use the Website and the associate Services to make legitimate bookings for you or for another person for whom you are legally authorised to act; (vi) you will inform such other persons about the Terms of Use that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website or to a Service Centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information; (vii) if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. If considered necessary to protect the integrity and/or security of the Website and/or the Services, we retain the right, at our sole discretion, to deny anyone access to this Website and/or the Services we offer, at any time and for any reason including, but not limited to, for violation of these Terms of Use.

Luxury Villas Worldwide believes in protecting your privacy. As a user of this Website and any associated service or facility such as the booking engine, you agree and consent to Luxury Villas Worldwide using and disclosing to third parties your contact and personal information (i.e. your name, e-mail and physical or / postal address and/or other contact details) as set out in our Privacy Policy.

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

Prohibited Activities

The content and information on this Website (including, without limitation, price and availability information relating to travel products and services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website without express written permission from Luxury Villas Worldwide.. In addition, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) use another person's name, ID or password without permission or use this Website while impersonating another person;

(iii) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;

(iv) make any speculative, false, or fraudulent booking or any booking in anticipation of demand;

(v) copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without the express written permission of Luxury Villas of New Zealand except where permitted by law;

(vi) access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;

(vii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(viii) take any action that imposes, or may impose, in the discretion of Luxury Villas of New Zealand, an unreasonable or disproportionately large load on our infrastructure;

(ix) post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time;

(x) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;

(xi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Luxury Villas Worldwide may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Luxury Villas Worldwide reserves the right to take any necessary legal action and you may be liable for monetary losses to Luxury Villas Worldwide , including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Luxury Villas Worldwide.

Supplier Rules and Restrictions:

The information displayed on this Website concerning specific travel products and services is provided to us by the relevant members (Member Properties) of the Luxury Villas Australia and Luxury Villas Pacific. This includes, but it not limited to, information about prices, rules and availability and the description of member Villas and their amenities. Luxury Villas Worldwide are not responsible for such information and we rely on the accuracy of the information supplied by the relevant member properties. If we become aware that the information provided is incorrect in any way, we reserve the right to correct any information (including, but not limited to, pricing information) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation.

Additional terms and conditions imposed by member properties may also apply to your booking and purchase of travel-related products and services, and we will advise you of these additional terms and conditions where these are provided to us. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any member property with whom you elect to deal, including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant property’s rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Some member properties offer certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel services and/or activities, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Luxury Villas Worldwide (Luxury Villas Australia & Luxury Villas Pacific) do not operate or control the travel-related products and services displayed on the Website.

Accommodations:

Some of the listed accommodation providers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant accommodation provider are unrelated to any payment made through the Website for your lodge booking. Note: In the event that you book a reservation for accommodations (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). Luxury Villas Worldwide is not liable for any costs incurred due to relocation.

Special Deals:

From time to time, special deals or vouchers may be displayed on this Website. Such special deals and vouchers are available for a limited time only. You must check with us as to whether a special displayed on this Website is still available.

Additional terms and conditions may apply to special deals or the use of vouchers. You must check this Website or the Member Property of the special deal to determine whether any particular terms and conditions apply.

Booking, Cancellation and Amendment Charges:

If you want to change any details of your itinerary booked through the Website (such as changing to a different Property or changing your dates), we will do our best to help but cannot guarantee that changes will be permitted by the Member Property.

Requests for a refund of monies paid for any travel products or services booked through the Website will be governed by the terms and conditions of the relevant supplier, and Luxury Villas Worldwide is not responsible for, and does not have any control over, such terms and conditions. In particular, you are advised that many lodges rates for specific dates are non-refundable and you must check the terms and conditions applicable to the relevant member property before proceeding with the booking.

We do not charge an amendment fee for changes made by you on any bookings The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you made the reservation.

Passports, Visas and Travel Documentation:

It is the responsibility of the traveller to ensure that he or she: (a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling; and (b) checks in by the required check-in time. As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.

Passports are required for all travellers entering Australia, the Islands of the Pacific, New Zealand and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months.

It is the responsibility of the traveller to obtain information and advice on the visa requirements to your destination well in advance of travel. Requirements may change and you should check for up to date information before booking and departure.

Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents.

Disclaimer:

To the maximum extent permitted by law, the Luxury Villas Worldwide Companies and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent by the Luxury Villas Worldwide Companies and/or their respective suppliers are free of viruses or other harmful components.

The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, the Luxury Villas Worldwide Companies do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the luxury lodge listings and other travel services displayed on this Website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers.

To the maximum extent permitted by law, the Luxury Villas Worldwide Companies and their respective suppliers make no guarantees about the availability of specific products and services. The Luxury Villas Worldwide Companies and/or their respective suppliers may make improvements and/or changes in this Website at any time.

The Luxury Villa member properties and other suppliers providing travel products or services through this Website are independent parties and not agents or employees of Luxury Villas Worldwide Companies. The Luxury Villas Worldwide Companies, to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Luxury Villas Worldwide Companies, to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

Limitation of Liability:

To the maximum extent permitted by law, in no event shall the Luxury Villas Worldwide Companies, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with any delay or inability to access, display or use this Website (including, but not limited to any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Luxury Villas Worldwide, the Luxury Villa Members & Affliliates and/or their respective suppliers have been advised of the possibility of such damages.

In relation to any liability which cannot be exclude by law or despite the limitation above, if the Luxury Villas Worldwide or their respective suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law the Luxury Villas Worldwide Companies’, the Luxury Villas Worldwide Affiliates’ and/or their respective suppliers’ liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Luxury Villas Worldwide in connection with such transaction(s) on this website.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Luxury Villas Worldwide Companies, the Luxury Villas Australia, the Luxury Villas Pacific, and/or their respective Members.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to:

(a) in the case of accommodation services:

(i) the supply of the services again;

(ii) the payment of the cost of having the services supplied again

Indemnification:

You agree to defend and indemnify Luxury Villas Worldwide Companies, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a) your breach of this Agreement or the documents referenced herein;

(b) your breach of any law or the rights of a third party; or

Links to Third-Party Sites:

This Website may contain hyperlinks to websites operated by parties other than Luxury Villas Worldwide, LLC.. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software Available on Website:

Any software that we make available to download from this Website ("Software"), is the copyrighted work of the Luxury Villas Worldwide Companies. Your use of the Software is governed by the terms of the end user licence agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You may not install, copy, or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms.

Please note that all Software, including without limitation all HTML code, Active X controls and other script contained on this Website, is owned by the Luxury Villas Worldwide and/or the Affiliates and/or their respective suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the licence agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the licence agreement.

If you are aware of an infringement or fraudulent use of any of our trademarks, please let us know by e-mailing us at stay@luxuryvillasaustralia.com

Notice of Infringing Material:

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

1. A clear identification of the copyrighted work you claim was infringed.

2. A clear identification of the material you claim is infringing is on the Website, such as a link to the infringing material.

3. Your address, email address and telephone number.

4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this website should be emailed to stay@luxuryvillasnz.co.nz for the fastest resolution.

Luxury Villas Worldwide may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Luxury Villas Worldwide as a result of this agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Luxury Villas Worldwide with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.