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Terms and Conditions

Updated

1. Our Terms and Conditions

The Bonza Holidays Platform is provided by Awai Pty Ltd (ACN 651 053 940) trading as "AWAI" or a related entity (as that term is defined in section 9 of the Corporations Act 2001 (Cth) (Related Entity) of Awai Pty Ltd (AWAI).

These terms and conditions (Terms) govern your access to, and use of, the Bonza Holidays Platform and your use of our Services. AWAI may utilise third parties (including Bonza) to perform some of the Services under these Terms.

By using the Bonza Holidays Platform, you agree to be legally bound by these Terms and any notices, disclaimers or other terms and conditions or statements contained on, or linked to, the Bonza Holidays Platform, including the Product Terms. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use this Bonza Holidays Platform or use the Services.

In these Terms, the words "we", "our" and "us" refer to AWAI and its related entities and affiliates and "you" or "your" means the person who agrees to be legally bound by these Terms.

For the avoidance of doubt, despite the use of the word 'Bonza' on the Bonza Holidays Platform, Bonza and AWAI are not Related Entities.

2. Definitions

Unless expressly provided otherwise, in these Terms:

  1. Bonza means Bonza Aviation Pty Ltd (ACN 653 309 909).
  2. Bonza App means the application owned and operated by Bonza and available to download on the App Store and Google Play.
  3. Booking means the purchase or reservation of a Travel Product made by you through the Bonza Holidays Platform, and Booked has a corresponding meaning.
  4. Force Majeure means an act of God, peril of the sea, accident of navigation, war (including civil war), sabotage, riot, insurrection, civil commotion, coup d’état, national emergency, martial law, fire (including wildfire), explosion, lightning, flood, tsunami, cyclone, hurricane, tornado or other major weather event, earthquake, landslide, volcanic eruption or other natural catastrophe, epidemic, pandemic, quarantine, outbreaks of infectious disease or any other public health crisis, radiation or radioactive contamination, national strike or other major lack of availability of labour, raw materials or energy beyond the control of the affected party.
  5. Intellectual Property means all intellectual rights of whatever nature (whether or not registered or registrable), including, but not limited to, all copyright, trade names, trademarks, business names, domain names, logos, designs, patents and trade secrets.
  6. Material means the material (including all text, graphics, logos, audio and software) made available on the Bonza Holidays Platform.
  7. Bonza Holidays Platform means the "Bonza Holidays" platform located on the Bonza App.
  8. Product Terms means the terms and conditions defined in clause 5.1(a).
  9. Travel Product means a travel product supplied to you by a Supplier, which will include a flight supplied by Bonza and may include an accommodation booking supplied by a third-party hotel or other accommodation provider, and any other travel related product that is able to be Booked through the Bonza Holidays Platform as part of a Travel Package.
  10. Travel Package has the meaning defined in clause 4.1(a).
  11. Services means the services supplied by AWAI as described in section 4 and any other service supplied by AWAI from time to time
  12. Supplier means a third party supplier of a Travel Product, including, for the avoidance of doubt, Bonza.

3. Use of the Bonza Holidays Platform

  1. You may not use the Bonza Holidays Platform or any Material, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, eBay, Facebook Marketplace or other third-party service.
  2. You must ensure that your access to and use of this Bonza Holidays Platform is not illegal or prohibited by laws which apply to you.
  3. This Bonza Holidays Platform and its Material, including links to third party websites, are provided to you 'as is' and your access to and use of this Bonza Holidays Platform is at your own risk.
  4. We may acting reasonably stop, limit, restrict or withdraw, temporarily or permanently, your access to or use of the Bonza Holidays Platform where we deem those steps to be necessary to protect the Bonza Holidays Platform's security or our other legitimate interests in connection with the Bonza Holidays Platform or our Services.

4. Our Services

4.1 Travel booking service

  1. We supply a travel booking service that enables you to Book packaged holidays that include pre-determined combinations of Travel Products, each component of which is supplied by a third-party Supplier (Travel Package).
  2. The Travel Packages advertised on the Bonza Holidays Platform combine Bonza flights with various other Suppliers' Travel Products, such as Bonza flights and hotel accommodation. We may procure the Travel Products directly from a Supplier (including as agent for the Supplier) or from a third-party aggregator who procures the Travel Products from the Supplier on our behalf.
  3. AWAI is neither a common carrier nor a private carrier and does not supply and is not responsible for the supply of any of the Travel Products, including flights or hotel rooms, which comprise the Travel Package.

4.2 Authority

  1. When you make a Booking and agree to these Terms, you appoint and authorise us to make Bookings with Suppliers (including through third-party aggregators) on your behalf.
  2. When you make a Booking for a Travel Package, a supply contract is formed exclusively between you and the applicable Supplier(s). That contract will be subject to the Product Terms imposed by the Supplier(s) in accordance with clause 5 of these Terms. You must read, acknowledge and agree to the Product Terms before making a Booking for a Travel Package.
  3. You acknowledge and agree that:
    1. we are authorised to act on your behalf to Book Travel Products which form a Travel Package;
    2. we may act as the agent of a Supplier;
    3. we cannot guarantee that any Supplier will accept your Booking;
    4. the Travel Products are supplied by the Supplier and not by AWAI; and
    5. subject to these Terms, your legal rights and remedies in connection with the Travel Products forming the Travel Package are against the Supplier, except to the extent that those legal rights and remedies arise from a fault, defect or failure in the Services that we provide. This includes the right to seek compensation against the Supplier, for example, in circumstances where Bonza cancels or is unable to provide a Booked flight and this causes you to be unable to obtain the benefit of hotel accommodation that forms part of the Travel Package.

5. Travel Products

5.1 Product Terms

  1. When you make a Booking through the Bonza Holidays Platform, you acknowledge and agree that Suppliers and/or third-party aggregators may impose their own terms and conditions in relation to their Travel Products that will apply in addition to these Terms (Product Terms). We will take reasonable and diligent steps to alert you to the Product Terms and provide you with an electronic link or other means of access to review the full Product Terms prior to you making a Booking of a Travel Package.
  2. You must accept and agree to the Product Terms from the applicable Supplier and/or third-party aggregator to complete your Booking. The Product Terms contain important information regarding your rights and obligations in relation to Travel Products forming the Travel Package, including in relation to carriage, cancellation and limitations of liability. You should carefully read the Product Terms specific to the applicable Travel Products forming your Travel Package before completing your Booking.
  3. If there is any inconsistency between these Terms and the Product Terms, these Terms prevail to the extent of that inconsistency.

5.2 Bonza Flights

  1. Any Travel Package that comprises or includes a Booking for a flight supplied by an airline will be supplied by Bonza.
  2. Flight fulfilment is the sole responsibility of and is provided by Bonza.
  3. In making a Booking for your air travel, you acknowledge and agree that AWAI does not supply the flight component of any Booked Travel Package. AWAI therefore cannot control and is not responsible for subsequent changes to Bonza scheduled departure times, departure dates or flight cancellations.
  4. Bonza is solely responsible for and liable to you under the Product Terms and the Australian Consumer Law for supply of Booked flights in your Booked Travel Package.
  5. If Bonza is for any reason unable to provide the flights that you have Booked, your rights at law, including under statute, are solely against Bonza.

5.3 Hotels

  1. Any Travel Package that includes an accommodation Booking with a hotel or other provider is provided by the applicable accommodation Supplier.
  2. In making a Booking for accommodation you acknowledge and agree that AWAI cannot control and is not responsible for any subsequent changes made by the accommodation Supplier to the applicable accommodation Booking, including but not limited to, any chosen room or suite location or room inclusions or exclusions.

6. COVID-19

  1. COVID-19 requirements vary from country to country and region to region and you may be required to be fully vaccinated against the COVID-19 virus and provide evidence of such vaccination. Evidence of negative COVID-19 tests may also be required. Bonza and other transport providers may also have separate requirements. It is your responsibility to ensure that you comply at all times with those requirements.

7. Travel Insurance

  1. If you elect to purchase travel insurance (including cancellation or other forms of insurance) on the Bonza Holidays Platform, the insurance products offered are administered by battleface Insurance Services Pty Ltd (ABN 28 650 606 045, AFSL 536280) (battleface) and underwritten by Pacific International Insurance Pty Ltd (ABN 83 169 311 193). AWAI is battleface's authorised representative (representative number 001300418) and acts on behalf of battleface in providing the insurance products. AWAI is entitled to receive commissions, fees or remuneration from battleface in connection with providing the insurance products on the Bonza Holidays Platform on behalf of battleface.
  2. The travel insurance is provided in accordance with the terms and conditions provided by battleface and we are not responsible or liable in any way for the travel insurance. AWAI is not authorised to provide financial services advice and to the extent any advice is provided in relation to the insurance products, this advice is general only and does not take into account your objectives, financial situation or needs. Prior to purchasing, please consider your objectives, financial situation and needs and read the Product Disclosure Statement (PDS), Financial Services Guide (FSG) and Target Market Determination (TMD).
  3. The terms and conditions of the travel insurance policy you have acquired will be provided to you at the time you make a Booking. You may also request to receive a copy of them at another time by contacting battleface. A copy of the terms and conditions will be provided without charge, within a reasonable time.
  4. You must contact battleface directly if you have any questions or complaints about the travel insurance, including if you would like to confirm whether you are eligible for cover under the travel insurance policy you have acquired from battleface (including for example, where you have a pre-existing medical condition), or want to make a claim under the relevant policy.
  5. If you have not purchased travel insurance on the Bonza Holidays Platform, we strongly recommend that immediately after making a Booking, you should arrange your own travel insurance, including for events that occur after your departure date. You agree not to hold us responsible for any decision made by any insurer, or the requirements of any overseas country or governmental authority or overseas laws or policies, in connection with the insurance that you arrange.
  6. AWAI does not hold an Australian Financial Services Licence and is not authorised to advise you in relation to, or arrange, travel insurance or any other financial product on your behalf. In providing access to travel insurance, it is acting solely as an authorised representative of battleface.

8. Your Obligations

8.1 Your Obligations

  1. You must only access and use the Services:
    1. to make enquiries about and to make Bookings for Travel Packages on the Bonza Holidays Platform (Permitted Purpose); and
    2. in accordance with these Terms.
  2. When you make a Booking you must:
    1. have sufficient credit or funds to meet all charges for Travel Packages you Book through the Bonza Holidays Platform;
    2. keep secure any means of identification that AWAI provides to you in relation to your Account (as defined in clause 8.3 below) or your specific Booking; and
    3. ensure you have the necessary documentation to travel.
  3. You must not:
    1. access or use the Services:
      1. for any activities which breach any laws, infringe any third party's rights, or breach any standards, content requirements or codes imposed by any relevant authority; or
      2. for any purpose (commercial or otherwise) other than the Permitted Purpose without the express written permission of AWAI;
    2. reverse or cancel a payment without AWAI's prior written consent, which will not be unreasonably withheld or delayed (including in the event where your payment occurs as a result of fraud or otherwise without your authority)
    3. resell the Services, Travel Products, Travel Packages or any other products and services acquired on the Bonza Holidays Platform; or
    4. permit any other person to use your user identification to access the Services, or grant a third party the right to access and use the Services.
  4. You are responsible for:
    1. assessing the suitability of any Travel Products and/or Travel Packages for your needs; and
    2. all matters relating to complying with the laws and regulations of all immigration authorities of the countries you travel to and from.
  5. When you make Bookings on behalf of any other person, you must obtain and you warrant to AWAI that you have that other person’s authority to make the Booking and to bind them to these Terms and all relevant Product Terms.

8.2 Capacity

  1. You must not use the Bonza Holidays Platform or make a Booking unless you are aged 18 or over and by making a Booking through the Bonza Holidays Platform, you warrant that you are over 18-years-old and that you have the legal right and capacity to Book the Travel Packages through the Bonza Holidays Platform.

8.3 Your Account

  1. To use the Bonza Holidays Platform and access our Services, you may be required to create an online account (Account) and to provide:
    1. personal information, including (in some cases) passport details;
    2. billing information; and
    3. any other information reasonably required by us to complete your Booking
  2. You are responsible for all use of the Services, and all transactions entered into by means of the Services, under your Account. We take no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties, or through any unauthorised access to your personal information unless caused through a fault on our part.
  3. Except to the extent caused by our fault, you indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Services by you or any other person using your membership identification, Account or password.

8.4 Intellectual Property

  1. Unless otherwise indicated, we own or licence from third parties all Intellectual Property comprised in the Bonza Holidays Platform and the Material.
  2. Your use of the Bonza Holidays Platform and use of or access to any Material does not grant you any right, title or interest in the Bonza Holidays Platform or the Material. You may not reproduce, adapt, modify, display, publish, perform, distribute, store, transmit, decompile or reverse engineer or otherwise exploit any Intellectual Property on our Bonza Holidays Platform or in the Material. In addition, you must not copy the Material to any other server, location or support for publication, reproduction or distribution.
  3. All Intellectual Property rights in the Bonza Holidays Platform are owned by us and/or its licensors (as applicable). The only rights you have to that Intellectual Property are the limited rights to use and access the Website for the Permitted Purpose.
  4. Other trade marks used on the Website that belong to third parties are used with their consent and remain the Intellectual Property of that party.

8.5 Personal Information

  1. When you use the Bonza Holidays Platform, we will collect, store, use and disclose any personal information we collect about you in accordance with our privacy policy. In accordance with this policy, you consent to us disclosing your personal information to Suppliers, including Bonza.
  2. Bonza will collect, store, use and disclose your personal information in accordance with its privacy policy and we recommend you review the terms of this policy in addition to the terms of our privacy policy.
  3. Bonza may provide certain customer support services to you under these Terms, on behalf of AWAI. To the extent that this involves Bonza collecting, storing, using and disclosing your personal information, Bonza will do so in accordance with our privacy policy.

9. Pricing and Fees

9.1 Pricing

  1. Prices for Travel Packages are listed on the Bonza Holidays Platform and, unless otherwise specified, are in Australian Dollars and inclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) (if applicable). Those prices are subject to change. We may also from time to time advertise discounts and promotions for Travel Packages on the Bonza Holidays Platform.
  2. Prices for Travel Packages are fixed once your Booking has been confirmed in accordance with these Terms.

9.2 Price Changes

  1. The Suppliers provide us with the rate and availability of Travel Products contained within Travel Packages that are made available to purchase through our Bonza Holidays Platform.
  2. Except as expressly outlined in these Terms or on the Bonza Holidays Platform or in Material, we make no representation that the prices for those Travel Products comprising the Travel Packages match the prices for the same or similar travel related products offered by the Suppliers or third parties elsewhere.

9.3 Price Match Guarantee

  1. If:
    1. you are able to individually acquire travel related products through persons other than AWAI which are Equivalent to each of the Travel Products forming a Travel Package;
    2. the aggregated price of those individual travel related products (Equivalent Total Product Price) is less than the price of the Travel Package; and
    3. you have not used any money-off coupons, corporate discounts, membership discounts, promotional vouchers or offers, or bulk-buy discounts to obtain the Equivalent Total Product Price,
  2. we will refund to you the amount equal to the difference between the cost of the applicable Booked Travel Package and the Equivalent Total Product Price, subject to clauses (d) to (f) below.
  3. In respect of a Bonza flight product, in order to be Equivalent for the purpose of clause 9.3(a) the flight must: (i) be from the same departure airport to the same destination airport; (ii) be on the same date; (iii) be at the same time; (iv) be in the same boarding class; (v) have the same inclusions and exclusions; (vi) include all relevant taxes, booking fees and charges; (vii) be for the same number of people; (viii) be in Australian Dollars; and (ix) be published online and available to the general public.
  4. In respect of an accommodation product, in order to be Equivalent for the purpose of clause 9.3(a), the accommodation must: (i) be for the same hotel or other accommodation venue; (ii) have the same length of stay; (iii) have the same room type; (iv) be in respect of the same dates; (v) have the same number of guests; (vi) have the same inclusions and exclusions; (vii) include all relevant taxes, booking fees and charges; (viii) be in Australian Dollars; and (ix) be published online and available to the general public.
  5. In respect of a pre-travel insurance product, in order to be Equivalent for the purpose of clause 9.3(a), the insurance product must: (i) for the same level of cover; (ii) be on the same date; (iii) be at the same time; (iv) have the same inclusions and exclusions; (v) include all relevant taxes, fees and charges; (vi) be for the same number of people; (vii) be in Australian Dollars; and (vii) be published online and available to the general public.
  6. In order to request a price match under this clause 9.3, you must:
    1. complete your Booking for the applicable Travel Package on the AWAI website;
    2. within 24 hours submit a claim for the price match through the online form located on the AWAI website along with supporting documentation (such as screenshots or quotes) for the Equivalent Total Product Price, which must include details of the individual travel products said to be Equivalent for the purpose of this clause and the availability of those travel products to the general public, such as to allow AWAI to assess whether the travel products are in fact Equivalent within the meaning of clauses 9.3(b) to 9.3(c) above (as applicable).
  7. We will assess a claim made in accordance with clause 9.3(d) and respond to you within 14 days of receipt.
  8. If AWAI acting objectively and reasonably based on the information provided and its own investigations determines that each of the appliable travel related products are Equivalent within the meaning of clauses 9.3(b) to 9.3(c) (as applicable) and that the Equivalent Total Product Price is less than the price paid when you Booked the equivalent Travel Package on the Bonza Holidays Platform, it will issue you the refund in accordance with clause 9.3(a) within 14 days of receipt of the claim to the account used to purchase the applicable Travel Package.

10. Payments and Refunds

10.1 Payment Terms

  1. Once you have selected the Travel Package you wish to purchase on the Bonza Holidays Platform, you will be directed to the “Cart” section of the Bonza Holidays Platform. The Cart will show you the full price for the Travel Package. That full price is referred to in these Terms as the Fees.
  2. Having reviewed the Fees as shown in the Cart, you may make your Booking by clicking “Pay Now”.
  3. To complete the Booking, you will be required to pay 100% of the Fees.
  4. By clicking “Pay Now”, you consent to:
    1. the Fees being charged to the credit or debit card that you provide at the time you make your Booking; and
    2. AWAI supplying your identification information (including personal information) to relevant Suppliers and third-party aggregators who supply the Travel Products forming the Travel Package in accordance with our privacy policy.
  5. Your Booking is not confirmed until confirmation is provided to you by AWAI or the Supplier(s) with a confirmation or booking number for each element of the Travel Package booked. We reserve the right to decline Bookings where we have determined, acting reasonably, that it is appropriate to do so.
  6. Once your Booking has been confirmed by AWAI in accordance with clause 10.1(e), you will not be entitled to receive any refund of the Fees in the event you cancel your Travel Package or any of the individual Travel Products which form the Travel Package, whether or not this is permitted under the applicable Product Terms
  7. Except where caused by us, we are not responsible for lost or stolen booking confirmations or fraudulent use of the booking confirmation reference numbers.
  8. All applicable monies paid by you to us in respect of the Travel Products will be paid to Suppliers on or before the date upon which the Travel Products to which the money relates are to be supplied to you. You acknowledge and agree that such monies will not be held by us on trust for you and we may hold such monies in any account as we see fit pending payment to the Suppliers, including with other customer monies.

10.2 Transaction Verification

  1. You:
    1. authorise AWAI to:
      1. charge all Fees incurred to the credit card designated by you through the Booking mechanism in the Bonza Holidays Platform;
      2. disclose your credit or debit card details or other payment credentials to, and obtain information from, any financial institution, card issuer or payment provider to verify the credit or debit card, payment credentials and identification details that you provide; and
      3. take steps to confirm that there is sufficient credit or funds on your credit card account, debit card account or other payment account (as applicable) to meet the Fees;
    2. authorise your credit or debit card issuer, payment provider or financial institution to verify that your payment credentials are accurate; and
    3. consent to us supplying your billing, payment and identification information (including personal information) to those Suppliers who will supply the Travel Products in your Travel Package to you.
  2. In certain circumstances, you will be required to submit verification documentation to substantiate your identity and validate the integrity of your payment credentials.
  3. If your payment option is not approved, we may attempt to contact you. Where we cannot contact you and the ticket issuance period lapses (thereby making the Booking invalid), we will cancel the Booked Travel Package in whole. Under these circumstances, we accept no responsibility for any re-booking costs.
  4. If payment of the Fees are not received for your confirmed Booking for any reason, you agree to pay us all amounts due on demand.

10.3 Refunds

  1. Subject to your rights under the Australian Consumer Law, including under the consumer guarantees, and clause 10.3(b) below, once your Booking has been confirmed by AWAI in accordance with clause 10.1(e), you will not be entitled to receive a refund of the applicable Fees if you cancel:
    1. your Travel Package; or
    2. any individual Travel Product(s) which form the Travel Package.
  2. If, following any such cancellation, AWAI receives from the applicable Supplier(s) a waiver or refund of the applicable Fees which relate to the cancelled Travel Product(s) pursuant to the applicable Product Terms or otherwise:
    1. that waived or refunded amount will be paid to you; less
    2. any other fees charged by the Supplier (such as cancellation fees) that we are permitted to deduct from the waived or refunded amount in accordance with these Terms.
  3. AWAI will otherwise have no liability to you in relation to the refund of Fees relating to the cancelled Travel Product(s).
  4. AWAI's liability for the Services that it provides and the Supplier's liability for the supply of the Travel Product(s) comprising the Booked Travel Package is otherwise addressed in clause 13.

11. Changes and errors

11.1 Errors & Omissions

  1. If an error or omission is made by us or the Supplier in relation to the Travel Package or any Travel Product comprising the Booked Travel Package, AWAI or it's representative will notify you of the error upon becoming aware. Depending on the nature of the error or omission:
    1. we may be able to rectify the error and update your booked Travel Package accordingly;
    2. we may cancel the Booked Travel Package within 24 hours of the date that the Booking is made by you. If we do so, you will receive a full refund of the Fees and you will be able to re Book a Travel Package on the Bonza Holidays Platform; and
    3. you may have rights under the Australian Consumer Law.
  2. If an error or omission is made by you when making a Booking, your right to change the Booked Travel Package is governed by clause 11.2 below and your rights to cancel the Booked Travel Package is governed by clause 10.3 above.

11.2 Changes to your Booking

  1. If you request a change to your Booked Travel Package (such as a change to the dates, room selection or travel type) you may only do so in accordance with the relevant Product Terms and at least 48 hours prior to your scheduled departure time. Unless specified in the Product Terms, to request a change, you must contact us through the 'chat with us' section in the top right menu within the Bonza app and we will request that change from the Supplier on your behalf. Additional contact details for customer service can be found under 'Contact us' in the Bonza FAQ section.
  2. If a change is permitted by the Supplier, we will charge you a service fee of:
    1. $55 per passenger if the change is requested 7 days or more prior to your departure date; or
    2. $70 per passenger if the change is requested less than 7 days prior to your departure date,
      for processing your change request, in addition to any fees that the Supplier may charge you in accordance with their relevant Product Terms. If those fees are not paid, the change will not be processed.
  3. In addition to any service fees charged by us under clause 11.2(b), you will be charged for any increase in the rates of the Travel Products forming part of your Booked Travel Package resulting from a change request.
  4. If, following a change request which results in lower Fees for any of the Travel Products forming part of your Booked Travel Package (for example choosing to fly on a date with a cheaper fare), AWAI receives a waiver or a refund of the difference between the higher and lower amount in Fees from the Supplier pursuant to the applicable Product Terms or otherwise, that amount will be paid to you less any other fees charged by the Supplier (such as change fees) that we are permitted to deduct from the waived or refunded amount in accordance with these Terms.
  5. Your change request will be subject to approval by the applicable Suppliers. We will act diligently to request your changes with the Supplier. However, we make no representations or guarantees that your Booking will be changed in accordance with your request.

12. Travel Disclaimers

12.1 Passports and Visas

  1. It is your responsibility to ensure that you have a valid passport and to procure a visa and comply with entry requirements of overseas countries you are intending to visit in connection with your Booked Travel Package.
  2. We accept no responsibility if you are refused entry into any country/countries of your destination in connection with your Booked Travel Package.

12.2 Travel Requirements

  1. We suggest before travelling that you check www.dfat.gov.au/travel any applicable travel advisories relevant to those countries you are travelling to before travelling.

12.3 Special Requests and Specific Assistance

  1. Special and specific assistance requests made at the time of your Booking are not guaranteed and may result in additional charges being payable to the Supplier.

13. Liability

13.1 AWAI's liability

  1. The supply of our Services come with guarantees that cannot be excluded under the Australian Consumer Law. This includes a guarantee the Services will be supplied with due care and skill, will be reasonably fit for the specified purpose, can reasonably be expected to achieve the desired result and will be provided within a reasonable time.
  2. If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.
  3. Subject to your rights under the Australian Consumer Law and to the extent permitted by law, we do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of the Suppliers (including Bonza) and other third-party suppliers over whom we have no control.
  4. If there is a Force Majeure Event which prevents or delays our ability to perform the Services, the performance of our Services will be suspended during the period the Force Majeure Event subsists.

13.2 Supplier’s Liability

  1. The Supplier is solely responsible for and liable to you under the Product Terms and the Australian Consumer Law for supply of the Travel Products which comprise the Booked Travel Package, this includes Bonza with respect to all flights included in your Booked Travel Package.
  2. If for any reason (excluding negligence, failure or misrepresentation on our part) any Supplier is unable to provide the Travel Products that you have Booked in accordance with its obligations at law (including under statute), your rights are against that Supplier. This includes the right to seek compensation against the Supplier, for example, in circumstances where Bonza cancels or is unable to provide a Booked flight and this causes you to be unable to obtain the benefit of hotel accommodation that forms part of the Travel Package.

13.3 Indemnification

Except to the extent directly caused by us, you agree to indemnify us and our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses (including losses that we suffer under our underlying contracts with Suppliers and/or third-party aggregators), damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees which arise as a result of or in connection with:

  1. your conduct when Booking, cancelling or changing a Travel Package;
  2. your breach of these Terms or the documents referenced herein;
  3. your breach of any Product Terms;
  4. any omissions or failures by you to do something required in connection with Booking, participating or enjoying any of the Travel Products comprising the Travel Package;
  5. any unlawful actions or behaviours while participating in or enjoying any of the Travel Products comprising the Travel Package;
  6. your breach of any law or the rights of a third party;
  7. your improper or unlawful use of our Services; or
  8. your improper or unlawful use of this Bonza Holidays Platform, including in contravention of these Terms.

14. Bonza Holidays Platform

14.1 Information on the Bonza Holidays Platform

  1. Some of the Material is provided by Suppliers and other advertisers. To the extent reasonably possible, we will take steps to ensure Material provided by Suppliers and third parties is accurate. However, we are not responsible for that information and cannot guarantee its accuracy.
  2. The Bonza Holidays Platform and Material is subject to amendment.

14.2 Bonza Holidays Platform Software

  1. When you access and use the Bonza Holidays Platform, we grant you a personal non-exclusive license to use the software associated with the Bonza Holidays Platform for the duration of your access solely for the Permitted Purpose. Any other use of that software without our express written permission is strictly prohibited.

14.3 Links to third party websites

  1. The Bonza Holidays Platform may include links to other websites, content or resources. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

15. General

15.1 Changes to these Terms

  1. We reserve the right to amend these Terms at any time. If we make amendments to any of these Terms, will post the amended Terms on the Bonza Holidays Platform. You should visit the Bonza Holidays Platform periodically to review these Terms. Amendments will be effective immediately on publication on the Bonza Holidays Platform. Your continued use of the Bonza Holidays Platform following such publication will constitute an agreement by you to be bound by the Terms as amended.

15.2 Benefits held on trust

  1. Awai Pty Ltd holds the benefit of these Terms on trust for all of Awai Pty Ltd's Related Entities and you acknowledge and agree that Awai Pty Ltd on behalf of its Related Entities may exercise its rights under these Terms.

15.3 Waiver

  1. Any failure or delay by us to enforce or exercise a power, right or provision of these Terms will not constitute a waiver of those powers, rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future.

15.4 Severability

  1. If any provision of these Terms is void or unenforceable, it may to the extent possible be severed from these Terms without affecting the enforceability of other provisions.

15.5 Governing Law

  1. These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms.
  2. The Bonza Holidays Platform may be accessed in Australia and overseas. We make no representations that the Bonza Holidays Platform complies with the laws of any country outside Australia, and if you access the Bonza Holidays Platform from outside Australia, you do so at your own risk.
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