One Cay -Terms and Conditions

Travel Native Pty Ltd trading as One Cay ACN 626 439 558 Website Terms and Conditions (Terms)

Your acceptance

 

  • These are the terms on which Travel Native Pty Ltd and its related entities (referred to as One Cay, we or our) permits users to access and use the One Cay website www.onecay.com (Website) including using the services and functionality made available through the Website, viewing Content (term defined in clause 2 below) provided by One Cay, and communicating with One Cay.
  • You agree to be bound by these Terms by using, browsing or accessing any part of the Website.
  • One Cay may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
  • The Website is subject to change at any time without notice and may contain errors.

Content

 

  • One Cay has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. One Cay reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way possible for consequences of such actions.
  • The Content on the Website is for general information purposes only. Furthermore, One Cay does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of One Cay materials or information by another person or organisation is at your own risk.
  • In addition to clause 2(b), One Cay does not represent or warrant that the information contained in this Website is suitable for specific needs or requirements of users. The information and material included in this Website is not intended to, and does not, constitute advice or any statement on which reliance should be placed. Users should independently assess whether the information in this Website is accurate, complete, relevant and appropriate to them.
  • The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.
  • While care has been taken in preparing the Content on this Website, One Cay and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
  • You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy.
  • If you have a complaint regarding any Content, One Cay’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

Links

 

  • The Website may contain links to other web sites. One Cay provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
  • Other web sites that are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. One Cay is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. One Cay is not responsible for and will not be liable in respect of any incorrect link to an external web site.
  • It is your responsibility to take precautions to ensure that links you select or software you download (whether from our Website or other websites) is free of viruses, Trojan horses, worms, defects and other items of a destructive nature.
  • You are not permitted to frame the Website without One Cay’s express written permission.

Access and communication

 

  • Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), One Cay does not warrant that you will have continuous access to the Website. One Cay will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
  • One Cay does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and One Cay does not guarantee the security or confidentiality of these communications or the security of the Website.
  • One Cay does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
  • Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. One Cay does not warrant that:
  •   the goods or services available on this Website; or
  • the Website and its Content,
  • comply with the laws of any other country. It is your responsibility to determine whether the goods or services
  • comply with the laws of your jurisdiction.
  • If you access and use this Website or its Content from outside Australia or purchase any goods or services, you do so at your own risk.

Privacy

 

Any personal information submitted by you to One Cay is subject to and will be handled in accordance with One Cay’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at www.onecay.com. You agree that, by using the Website or communicating with One Cay, you have read the Privacy Policy, understood its contents and consented to its requirements.

Intellectual property

 

  • All intellectual property rights, including copyright and patents, in the Website, One Cay’s goods and services, and all components of them are owned or licensed by One Cay or any of its related entities. You must not copy, modify or transmit any part of the Website.
  • The Website contains trademarks, logos, service names and trade names of One Cay or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Website.

Website licence and use

 

One Cay grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 8. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to One Cay will be treated as non-confidential and non-proprietary information.

Use of the Website and member account

 

  • You have the option of registering to be a member of One Cay by creating a member account. Unregistered users may still read the Content on the Website for free.
  • By having a member account, members will have the option to manage and store your searches. To create an account, you will need to provide certain personal information. Any personal information which you have disclosed to us will be handled in accordance with our Privacy Policy.
  • By having a member account, you agree that:
  • all information supplied to us is true, complete and accurate;
  • if you are registering a member account on behalf of someone else, you will inform them about the Terms and Privacy Policy that will also apply to them;
  • you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone else; and
  • you are responsible for the use of your member account and the confidentiality of your member account information, including your password.
  • You acknowledge that One Cay has sole discretion to disable your account or password, at any time, if in our reasonable opinion you have failed to comply with these Terms. You must notify us immediately if you know or suspect that anyone other than yourself knows your member account password and username.

Prohibited uses

 

  • In using the Website you must not:
    engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
  • impersonate or falsely claim to represent a person or organisation;
    defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
  • post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.

Termination of your access to the Website

 

One Cay may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

Disclaimer of warranties and limitation of liability

 

  • To the full extent permitted by law, One Cay excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.
  • Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) One Cay excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, and all links to or from the Website.
  • Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) One Cay excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.

Indemnity

 

You will fully indemnify One Cay in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

  • any breach of these Terms by you;
  • your use of the Website; or
  • your communications with One Cay.

Jurisdiction and law

 

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

Contacting us

Contacting us
If you have questions about the Website, the Terms or Privacy Policy, please contact us in any of the following ways:


email: [email protected]
write to: Att: Privacy Officer


One Cay
Level 1, 530 Little Collins Street
Melbourne VIC 3206
Australia

Booking -Terms and Conditions

Booking Terms & Conditions of Travel Native trading as One Cay (ACN 629 439 558)

Booking Fees & Charges

  • Prices displayed on One Cay’s website are in Australian Dollars which excludes all government charges and taxes. Charges in Australia are usually subject to a 10% good and services tax.
  • One Cay accepts no responsibility for any differences in currency exchange rates or refunds relating to currency exchange rate fluctuations.

Changes to Services

  • One Cay may need to change the Services in order to comply with any applicable statutory or regulatory changes. If a material change is made to the Services, One Cay will endeavour to contact You prior to the Services being provided to inform You of the change and Your options to reschedule or cancel.
  • The Services offered on this website are subject to availability and can be withdrawn without notice by One Cay.

Your Obligations and Warranties

  • You warrant to One Cay that:
  • You are at least 18 years old and have the power and authority to enter into a binding contract with One Cay and with a Third Party Supplier;
  • the information You provide about yourself is true, accurate, current and complete; and
  • You will maintain and promptly update this information to keep it true, accurate and complete.
  • You warrant to One Cay that You have considered acquiring comprehensive travel insurance and One Cay is not responsible for any failure by You to acquire adequate insurance cover.

Bookings

  • By making a reservation with One Cay, You acknowledge that You have read, understood and agree to be bound by these Terms & Conditions.
  • Reservations will be converted to bookings upon You paying:
  • a deposit of 30% of the cost for booking the Service must be paid at the time of the booking. The deposit must be received by One Cay within [7 days] after notification of the reservation;
  • the balance of the booking within 90 days from the first day of the One Cay trip; or
  • 100% of the booking if it is less than 90 days from the first day of the One Cay trip.
  • A reservation will lapse if You do not pay the required deposit for the Services by the due date for the relevant payment.
  • A binding contract will be formed when One Cay notifies You that it has converted a reservation to a booking under clause 4.2.
  • One Cay reserves the right to withdraw, change or cancel the Services, at its discretion at any time before the booking is confirmed.
  • Any request to vary a booking must be submitted in writing to One Cay. One Cay may decide in its discretion whether to accept a request for variation. One Cay reserves the right to charge an administration fee of up to $100 AUD per person per variation. You must pay any extra cost arising from the variation including any cancellation fees incurred by One Cay from Third Party Suppliers, and the administration fee, within 7 days of notification by One Cay.

Credit Card Payments Charge

One Cay works with Stripe to assist with payment processing activities. More information on Stripe can be found at www.stripe.com

Payments made by credit card will incur a merchant fee as follows:

1.75% for domestic cards; and

2.9% for international cards.

If currency conversion is required an additional 2% fee will apply.

Fees to be updated from time to time. The actual amount charged may vary due to differing exchange rates.

Cancellations and refunds

  • If You need to cancel any booking, please notify One Cay in writing as soon as possible.
  • A cancellation will not take effect until One Cay have received and accepted written notice from You.
  • If You cancel Your booking, One Cay will retain or charge a cancellation fee as follows:
  • If a cancellation is received between 91 days or more prior to the Services commencing = 30% of the fees for the Services;
  • If a cancellation is received 46-90 days prior to the Services commencing = 50% of the fees for the Services; or
  • If a cancellation is received, 0-45 days prior to the Services commencing = 100% of the fees for the Service.
  • If any amount of the fees is outstanding at the time You cancel the Service, any amount You owe One Cay will become immediately payable.
  • In addition, You may be required to pay One Cay any cancellation fees it incurs from a Third Party Supplier, which is not covered by these cancellation fees.
  • One Cay may cancel the Services immediately, at its sole discretion, if:
  • a booking request is considered inappropriate, improper or unlawful;
  • You fail to provide One Cay with clear or timely instructions to enable us to provide the Services;
  • there is any reason outside One Cay’s control which has the effect of compromising our ability to provide the Services to You within the booking period;
  • You fail to pay the fees in accordance with these Terms & Conditions; or
  • You fail to meet Your obligations in accordance with these Terms & Conditions.
  • If One Cay is unable to provide You with the Services during the booking time requested due to a reason outside of its control, You will be contacted as soon as possible and refunded any amount that You have paid to us.
  • On completion of the Services, One Cay will retain Your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms & Conditions constitutes Your authority for One Cay to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms & Conditions.

Changes in Price

  • Prices for One Cay’s Services are provided as a guide only and may vary due to peak demand periods, changes in surcharges, fees or taxes or currency fluctuations.
  • In case of an obvious error (including any error in data entry, error of calculation or clerical error) resulting in the display of a price which has obviously been displayed by mistake, One Cay reserves the right to cancel Your reservation, even if it was automatically confirmed on our website. You will be informed of this as soon as possible, to allow You to make a reservation at the correct price, if You wish to. In any case, You will not be entitled to claim compensation from One Cay on the grounds of the cancellation or the related costs, if any, that have been incurred due to an erroneous reservation which has been cancelled.

Events beyond One Cay’s control

  • If an unforeseen event occurs which is outside One Cay’s control and affects our ability to provide any of the Services booked by You with us, One Cay will notify You as soon as reasonably practicable upon becoming aware of the expected consequence and an estimate of the length of time over which it will prevail. However, One Cay’s liability for the resulting costs to You of such an event is excluded.

Limitation of liability

  • You acknowledge that there may be inherent risks involved in participating in the Services. By making a booking, You accept all any risks associated with the Services.
  • To the extent permitted by law, One Cay’s liability to You, whether arising from or in connection with a breach of contract, tortious conduct (including negligence or any other conduct by You or us) or any other cause of action, is limited, for an aggregate of all claims, to the amount of the fees which are paid and payable by You to One Cay under these Terms & Conditions.
  • You hereby release One Cay and its respective officers and employees from all actions, proceedings, claims and demands that You may otherwise have now or in the future against One Cay, as a result of or in connection with, whether directly or indirectly with the Services booked by You.
  • One Cay will not be liable for any loss of enjoyment, financial loss, damage, cost or expense (including without limitation any property damage or personal injury) suffered by You resulting from adverse weather conditions or other circumstances outside One Cay’s influence.
  • One Cay also excludes all liability for any dispute, loss or damage that may arise from the action of a Third Party Supplier.
  • Nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the full extent permitted by law, if a warranty or condition is implied by the Competition and Consumer Act 2010 (Cth) or other law which may not be excluded, then One Cay’s liability for any breach of such an implied warranty is limited solely to the resupply of the relevant Services or the payment to You of the cost of having the Services provided again (at the option of One Cay.)

Third Party Suppliers

  • Certain products and services You are able to book through One Cay are provided by Third Party Suppliers who are independent of One Cay.
  • Products and services offered by Third Party Suppliers may be subject to separate terms and conditions, which will be provided to You at the time You make Your booking. Third Party Suppliers’ terms and conditions may relate to such items as (without limitation) tour safety policies and cancellation policies.
  • A Third Party Supplier may change the price of its products and services if any new surcharges, fees or taxes are introduced or if any existing surcharges, fees or taxes are varied, even after You have paid all of the quoted price for its products and services.
  • You may be required to contact a Third Party Supplier directly to arrange for pick-up/drop-off times, appointments or other services which form part of Your booking. Any requirements for You to contact the Third Party Supplier directly will be specified at the time of booking.
  • A Third Party Supplier is solely responsible for the product or service it is providing to You and is liable for any breach by it of its obligations in respect of that product or service. One Cay is not liable to You for any breach by a Third Party Supplier of its obligations regarding any product or service it is providing to You.
  • One Cay does not warrant the performance of any Third Party Supplier, and You release One Cay from liability for any loss, damage, cost or expense (including without limitation any property damage or personal injury) suffered by You which arises from any act or omission of the Third Party Supplier or failure by a Third Party Supplier to meet Your expectations.
  • If there is any inconsistency between a Third Party Supplier’s terms and conditions and One Cay’s Terms & Conditions, the former will prevail.

Travel Documents & Vaccinations

It is Your responsibility to ensure that all passports, visas, travel permits, health certificates, or other documentation required for the Services booked are obtained, and are in order, and that all required vaccinations have been obtained.

Modification of these Terms & Conditions

  • One Cay may at any time modify these Terms & Conditions and the changes will come into effect once they are uploaded into this website. You acknowledge and agree that Your use of these Terms & Conditions is subject to the terms and conditions in force at the time of Your use.
  • One Cay reserves the right to correct any errors in rates or content quoted or calculated for any of the Services provided, with immediate effect. One Cay will use its reasonable endeavours to notify You of such corrections.

Governing law

  • These Terms & Conditions are governed by the laws of Victoria, Australia and You consent and submit to the exclusive jurisdiction of the Courts of Victoria to hear all matters arising out of or in connection with these Terms & Conditions.
  • If any provisions in these Terms & Conditions are inconsistent with any laws, those laws shall apply to the extent of any inconsistency. The invalidity of any provision shall not affect the validity of any other provision.

Privacy

You acknowledge and agree that One Cay may disclose some or all of Your personal information as outlined in One Cay’s Privacy Policy which is available from our website.

Definitions

One Cay” One Cay means Travel Native Pty Ltd trading as One Cay and its related entities.

You” and “ Your” means the person making the booking.

Services” means services and products provided by One Cay to You.

Third Party Supplier” means the company or person who provides You with the products and services on terms and conditions agreed with You.