Your name must be exactly the same as the photo identification you will use to check in for your flight.
A Mystery Flight package (‘Package’) may include transportation, sightseeing, accommodation and associated components to a destination within Australia the knowledge of which is unknown to the person(s) making the booking (‘purchaser’) and the person(s) travelling (‘traveller’) at the time of booking and payment. The purchaser shall be deemed to have accepted these terms and conditions of behalf of the traveller(s).
The ‘Service’ is the products and services provided by Mystery Flights, the facility to enter into transactions with certain parties as a result of Mystery Flights providing those services, the website at www.mysteryflights.com.au (‘the Site’), the software associated with the Site, and the facility to enter into transactions with certain parties whose content appears on the Site, any Mystery Flights booking forms (“Booking Form”) and any written material, any verbal, written or electronic communication provided by Mystery Flights. The Service is operated by Mystery Flights (‘we’, ‘us’) and is provided for residents of Australia only. When you access the Site, you are using software which is owned by or licensed to Mystery Flights. For each visit to the Site, Mystery Flights grants you a non-exclusive licence to use the software associated with the Site for the duration of the visit and for the sole purpose of making enquiries and bookings (‘Licence’).
This document sets out the Terms and Conditions under which you may use the Service (the ‘Terms’). By using the Service, you acknowledge that you have read, understood and agreed to be bound by these Terms. Acceptance of these Terms and conditions is a condition of booking. If you do not accept the Terms stated here, do not use this Site and Service. The term ‘you’ as used in these Terms refers to all individuals and/or entities accessing or using the service for any reason.
(a) We may communicate and display information about travel locations, airfares, travel agents locations, flight times and dates, insurance, transportation, foreign currency, schedules, travel companies, information about Mystery Flights, packages and many other things. Some of this information is prepared with information received from third party providers including airlines, hotels and transportation suppliers. Therefore, although we have taken reasonable care to ensure that this information is correct and up to date, we cannot check the accuracy of such information where it is provided to us by third parties. We accept no responsibility for information supplied to us by third parties. We recommend you confirm all information supplied by us with the relevant third party provider.
(b) Product descriptions featured on the Site and throughout Mystery Flights promotional material are based on current information at the time the material is produced and are subject to change. Whilst photographs display geographical areas and particular activities, they are not necessarily included in any package.
2. Delivery of services
(a) We act as an agent for you in making the arrangements for the packages. We do not own, manage, control or operate any of the transportation, accommodation or other services included in your holiday program. All coupons, receipts and tickets issued are subject to the terms and conditions specified by the suppliers of those services. We reserve the right to substitute products or services with other products or services of equivalent or better standard.
(b) The purchaser acknowledges we reserve the right to deny a booking request for any or no reason.
3. Payment, refunds, cancellations and amendments
(a) Full payment is due at time of booking via credit card or cheque. If for any reason payment does not clear, the booking will be cancelled and we reserve the right to apply the appropriate cancellation charges. All prices listed on our booking form are inclusive of Australian Goods and Services Tax (GST).
(b) Once you have completed your booking, it is completely non-changeable and non-refundable, please make sure you have considered our travel insurance options on the home page. There is 100% penalty for all cancellations.
As travel plans are sometimes affected by influences outside your control, we strongly recommend you, purchasers and travellers take out comprehensive travel insurance prior to travel.
5. Travel Restrictions and Conditions
Restrictions and conditions apply to all of the travel products and services offered on this Site. To determine the applicable restrictions and conditions you must contact the relevant third party provider. The airlines and other third party providers of travel and travel related services may change their details of their packages, tours, flights and other information on this Site at any time. For this reason, all travel products and services described on this Site are subject to availability. You are responsible for obtaining all passport, visa and health information that you may require. We may assist you to obtain such information, however the final responsibility for obtaining the necessary information and complying with any passport, visa and health requirement remains with you.
6. Your Use
You must only use the Service and the Site for lawful purposes and in a responsible and co-operative manner. Any breach of these Terms by you could result in legal action being taken by us against you. You agree you will not:
use another’s personal information, including name, login details or password without permission; make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Service or the Site; use the Service or the Site while impersonating another person; post or transmit to or via the Site any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings; tamper with, hinder the operation of or make unauthorised modifications to the Site; delete data from the Site without our permission; knowingly transmit any virus or other disabling feature to the Site; breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using the Site; frame the Site as part of another site or cache the Site for commercial benefit; commit any act that may amount to a criminal offence or civil breach of any other jurisdiction; attempt to do any of the above acts; or knowingly permit another person to do any of the above acts.
7. Your warranties
You warrant that you are of sufficient legal age to use the Site and create legal binding obligations for any liability you may incur as a result of using the Service and the Site, you are responsible (financially and otherwise) for all uses of the Service and the Site by you, and the information you supply to us will be accurate and not misleading, deceptive or likely to mislead or deceive.
You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from any breach of these Terms by you, any act or omission by you or an officer, employee or agent of you and any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you or an officer, employee or agent of you.
9. Intellectual Property
(a) The material contained on the Site and in all Mystery Flights material, including (without limitation) the design, text and graphics (including trademarks) on the website www.mysteryflights.com.au and in the Booking Form and the selection and layout of the Booking Form, are owned or licensed by us and are protected by Australian and international intellectual property laws, including copyright.
(b) You may use the Service and the Site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material in the Service and the Site, or create any other material using material in the Service or the Site, without obtaining our prior written consent. Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.
(c) All Mystery Flights material, including trademarks, service-marks, business names, company names, logos, trade-names, get-up (trade dress), products, technology and processes may be the subject of other intellectual property rights owned by us or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Service and the Site must not in any way infringe the intellectual property rights of any person in any jurisdiction.
10. Your Privacy
11. Disclaimers and Limitation of Liability
(a) You use the Service and the Site at your own risk.
(b) By accepting the products and services supplied and using the Service and the Site provided by us, you agree that neither Travelbookers.com Pty Ltd nor any of its representatives shall be liable to you or any other person for any loss, injury or damage whatsoever to any person or their belongings or otherwise arising out of or in connection with the offer and/or supply of goods or services by Travelbookers.com Pty Ltd or any third parties (including but not limited to the supply of accommodation, transportation or other services) resulting directly or indirectly from any occurrences including breakdown/faults in equipment, strikes, theft, delay or cancellations or of changes in itinerary or schedules etc.
(c) To the maximum extent permitted by law, we (including our officers, employees, shareholders or other representatives) are not liable for any loss or damage, however caused, which you may suffer directly or indirectly in connection with your use of or inability to use the Site, or any of the products or services supplied or the purchase and use of any products and services supplied. This limitation of liability applies to all damages of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties.
(d) Travelbookers.com Pty Ltd nor any of its representatives do not accept any liability whatsoever and shall not be liable to you or any other person for any injury, damage, loss, delay, additional expenses or any distress, disappointment or inconvenience caused either directly or indirectly by any events or acts or omissions which are beyond our control, including but not limited to, war, civil commotion, fire, floods, acts or God, act of government or other authorities, industrial action or accident or failure of machinery or equipment.
(e) In the event that the use of the Site or the purchase and use of any products and services supplied causes you loss or damage, your sole remedy is the refund of any money that you paid to us to use the Service or the Site.
(f) Your access to and use of the Site and any products and services supplied is subject to factors beyond our control. We do not represent or warrant that the Site or any of the products and services supplied will be free of errors, viruses or defects or that the Service or the Site will be uninterrupted or timely.
(g) We do not represent that any of the products and services supplied will be suitable for you. You release us from any claims in relation to any of the products and services supplied, including but not limited to claims that any of the products and services are not suitable.
(h) The travel products and services offered and promoted on the Site or via the Service and the Site are products and services of third parties. Our role is to facilitate your travel arrangements, including processing your bookings and making payments. We are acting as an agent for third party providers. Your legal relationship in respect of the third party products and services is with the relevant third party provider.
v (i) If any warranties are implied by law that cannot be excluded, then our liability for breach of such warranties is limited, at our option, to the replacement or resupply of the products and services supplied, or the payment of the cost of the replacement or resupply of the products and services or equivalent products and services.
Except as otherwise specified, we may amend these Terms at any time. The amended Terms will take effect immediately.
We may terminate this agreement and/or any other service provided to you by us and any other agreement between us, immediately if you breach any of these Terms.
Except as required by law or otherwise specified by us, you must provide any notices to us by email to email@example.com. We will provide any notices to you by email to any email address provided by you. Notices will be taken to have been received 24 hours after the email is sent, unless the sending party receives notice that the address is invalid or that the email has not been received.
15. Governing law
If any dispute arises about this agreement or how this agreement applies or arising out of your use of the Site or the Service, the laws of New South Wales, Australia will apply. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and waive any right that you may have to object to an action being brought in those courts.
(a) If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.
(b) Headings are for reference purposes only.
(c) If we do not act in relation to a breach by you or others of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
(d) In these Terms, the term “Service” includes any email bulletins or other communications that we provide to you or initiated from the Site.
Travelbookers.com Pty Ltd t/as Mystery Flights ABN: 18 088 566 974
3/5 Durham Ave, St Ives NSW 2075
These Terms were last updated on 08.04.15.