Terms of Use
Tourism Top End Inc of GPO Box 4392 DARWIN NT 0801 (‘Tourism Top End or We or Us’) are the proprietor of the website and by using it you consent to the following terms and conditions contained in these terms of use.
1 Accuracy of Information
1.1 No Warranty
(a) We provide the information and content displayed on this website to promote tourism in Northern Australia as a service to our members (Suppliers).
(b) We do not warrant, and makes no representation, as to the accuracy of any information or content displayed on the website or its suitability for your use. You must make your own enquiries to satisfy yourself that the information on this website is accurate. You should not rely on this information to make decisions.
2 Prices and Conditions
2.1 Tourism Top End
(a) Prices and conditions featured on this website are current at the time of publication but are subject to change without notice. Prices may vary due to peak demand periods, changes in surcharges, fees, taxes or currency fluctuations.
(b) All prices are in Australian Dollars and include GST where applicable. Prices do not include items of a personal nature, meals, transfers, supplier imposed levies and existing or proposed taxes and government charges, unless otherwise indicated.
(c) If we have to change any part of your booking for reasons beyond our control, for example, an accommodation supplier overbooks accommodation, we will notify you. If any such changes result in the itinerary costing more or otherwise being materially different from that originally booked, then you may cancel the booking and we will refund any monies already paid less the administration fee and any charges levied by Suppliers.
(d) Some Information featured on this website has been supplied by the people and organisations (‘Suppliers’) and may impose conditions that vary from the conditions stated on this website.
2.2 On-Line Bookings and Deposits and Payment
(a) Full payment must be made at the time of booking. Only upon payment do you have a final booking with the Supplier of the relevant Product.
(b) In arranging your booking, we are acting as the agent of the Supplier for the relevant Product, and at no time do you have a contract with us.
(c) You must be at least 18 years of age in order to make a booking and you must provide the following information when making a booking:
Your full name
Your email address
Your credit card details
Contact daytime telephone number
(d) You must ensure that your credit card details and email address are correct and valid at the time of booking. We take no responsibility for any incorrect information submitted.
(e) Once your credit card details are processed, your booking details are automatically sent to the Supplier and a booking receipt and invoice are sent to your registered e-mail address. The booking receipt will need to be printed and presented to the Supplier upon check-in.
2.3 Telephone and Over the Counter Bookings - Deposits and Payment
(a) Where you make telephone or over the counter bookings with us our operators will draw your attention to the terms and conditions contained on this website.
(b) You agree that by proceeding with your booking you agree to the full terms and conditions of this website including our Privacy Policy as it applies to you.
(c) Full payment must be made at the time of booking or within 72 hours of receiving written confirmation from us (in which case you must proceed to our ‘Secure Payment’ form to submit credit card details).
(d) Only upon payment do you have a final booking with the Supplier of the relevant Product.
(e) In arranging your booking, we are acting as the agent of the Supplier for the relevant Product, and at no time do you have a contract with us.
(f) You must be at least 18 years of age in order to make a booking and you must provide the following information when making a booking:
Your full name
Your email address
Your credit card details
Contact daytime telephone number
(g) You must ensure that your credit card details and email address are correct and valid at the time of booking. We take no responsibility for any incorrect information submitted.
(h) Once your credit card details are processed, your booking details are automatically sent to the Supplier and a booking receipt and invoice (and any itinerary) are sent to your registered e-mail address. The booking receipt will need to be printed and presented to the Supplier upon check-in.
2.4 Cancellation Policy
(a) Any cancellation of confirmed bookings (where payment has been made) will attract a AUD$12.5% (inc. GST) administration fee. This is in addition to any cancellation fee of the Suppliers. Territory Voucher bookings during the campaign period will attract a 10% (inc GST) administration fee for cancellations.
(b) We reserve the right to offer alternative accommodation/tour of a similar standard in the case of the accommodation/tour operator overbooking their property or for any reason beyond our control.
(c) Amendments to bookings will attract a $25 administration fee per itinerary change.
2.5 Secure Pay
(a) BookEasy™ Secure Payment Gateway is provided using SecurePay SecureBill Product. SecureBill uses high security levels, which are standard for Internet banking and large scale e-commerce sites and involve the use of 128-bit encryption.
(b) You can check the security level of a web page by clicking on your Internet browsers padlock or key icon. Encryption is the standard way of protecting your information as it is transmitted between you and SecurePay. This involves converting the information into an unreadable code using a "key" (and also decoding it using this "key"). The longer the key, the more difficult it is for others to break the encrypted codes.
(c) By using BookEasy™ Secure Payment Gateway you accept all the terms and conditions that apply to the use of its software and the collection by any third party of any personal information in connection with it.
3 Responsibility
3.1 Suppliers
(a) Our Suppliers provide a wide range of goods and/or services (Products) and information in connection with those Products.
(b) In supplying this information to you, we are acting as the agent of such Suppliers.
(c) Irrespective of any measures taken by us to ensure the information featured on this site is accurate at the time of publication, we disclaim and will be exempt from liability in respect of anything misleading, false, incomplete or inaccurate and any errors, mis-description and all associated disappointment, loss, expense, damage, inconvenience, delay, death, shock, illness or injury, however caused.
3.2 Products
(a) We do not control the manner in which Products featured within this website are provided.
(b) We disclaim and will be exempt from liability for anything to do with the supply of such Products. This includes liability (whether as a matter of contract, tort, statute, restitution, or otherwise) for any direct, indirect or consequential loss, liability, claim, cost, expense, proceeding, demand, penalty, disappointment, death, injury, illness, shock, inconvenience or delay.
(c) This limitation of liability also applies irrespective of the cause, including negligence of us or a Supplier, withdrawal, cancellation or failure to provide a Product, delay, any variation in the Product, the provision of substitute Products or a change in the Supplier.
(d) Without limitation, we will not be responsible if the Product is not available due to inclement weather conditions or other Acts of God, civil disturbances, fire, floods, acts of Government or any other authorities, accident to or failure of machinery or equipment or industrial action.
4 Insurances
4.1 Recommend
We strongly recommend travel insurance as it may protect you if you cannot be supplied with a Product due to unforeseen circumstances or serious injury.
5 Intellectual Property
5.1 Ownership
We own intellectual property in the words, video, sounds and images displayed on this website. Some of the logos and phrases are protected by registered trademarks. Other material including words, video, sounds and images may be subject to copyright owned by us or third parties.
5.2 Rights Reserved
(a) We reserve all its rights in the intellectual property published on this website.
(b) Other than as permitted by the Copyright Act, no part of any material contained in these web pages can be reproduced, copied or transmitted in any form or by any means without the written consent of the copyright owner.
5.3 Use
If you wish to use any material from this website, please contact us by email addressed to us on the contacts located on this website.
6 Third Party Links
6.1 No warrantee on Other sites
(a) We provide links to websites owned and operated by third parties. We do not warrant the accuracy of information, the functionality or bona fides of any such website.
(b) You click on any links to external websites at your own risk.
(c) You must make your own enquiries to satisfy yourself that the information on third party websites is accurate. You should not rely on this information to make decisions.
7 Disclaimer and Indemnity
7.1 No Liability
We disclaim any and all liability arising from your use of this website, including, but not limited to, liability arising from:
(a) the publication of content on this website;
(b) providing links to third party websites;
(c) your booking of Product promoted by third parties on this website;
(d) your use and reliance on information displayed on this website;
(e) the display of information about third party Product on this website; and
(f) the display of comments by members of the public on this website.
7.2 Release and Indemnity
You release and indemnify, and keep us released and indemnified, against all claims, and all costs arising from claims, brought by you or by any third parties arising from:
(a) the publication of content on this website;
(b) your clicking on links to third party websites;
(c) your use and reliance on information displayed on this website;
(d) your booking of Product promoted by third parties on this website;
(e) the display of information about third party Product on this website;
(f) intellectual property subsisting in content displayed on this website; and
(g) the display of comments by members of the public on this website.
8 Jurisdiction
8.1 Laws
This website will be governed by and construed in accordance with the laws in force in the Northern Territory of Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of the Northern Territory of Australia.
