Terms and Conditions
Please read these Terms and Conditions carefully. You must not make any booking unless you are 18 years of age or older and understand and agree with the following Terms and Conditions.
These Terms and Conditions apply to all Bookings you make with Webjet Marketing Pty Ltd (Webjet) as well as all other products and services you receive from Webjet. These Terms and Conditions govern our relationship with you. By using our booking and other services you acknowledge that you have read and understood, and agree to be bound by these terms.
|Important COVID-19 Notice|
Currently many travel plans are being impacted by COVID-19 response measures. If your travel plans are disrupted due to COVID-19 measures, we will assist you to obtain a refund or credit for the Travel Products booked through us. Not all fares and Bookings are refundable and your rights to a refund, credit or other remedy will depend upon the terms and conditions of the relevant fare, accommodation or other service. It is important that you understand the supplier's cancellation and refund policy before you make a booking. If you need assistance, please contact our Customer Service Team via the links on our support page.
Webjet is only liable to provide a refund to you to the extent that it actually receives a refund from the relevant Supplier. Refer to section 5 below.
1. Travel Requirements
(a) All departing passengers require a valid passport for international travel. This means the passport must be valid for a set minimum period beyond your travel dates (the required minimum period depends on the country you visit).
(b) Please ensure you have a valid Passport well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
(c) The New Zealand Department of Internal Affairs provides helpful information on applying for or renewing a New Zealand passport.
(a) A visa provides you with the authority as a non-citizen to travel to another country. Some countries will not allow you to enter without a visa, or in some cases, without proof of a return or onward electronic or paper ticket.
(b) Please ensure you have a valid Visa (as applicable) for all the countries you are travelling to which require a visa well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
(c) Visas are obtained from the issuing authority in New Zealand, usually an embassy. Visa requirements vary by both country you are travelling to and the current citizenship you hold so please ensure you check well in advance of your travel dates to allow sufficient processing time as required by the embassy. If you have booked a one-way ticket please ensure you have checked with the Consulate of the country you are travelling to in order to ensure that you comply with their laws and regulations.
(d) To assist you, both in determining whether you require a visa and the processing of your application online via an affiliate link, please click here.
(e) The South African Immigration Act effective 01 June 2015 will require all customers under 18 years old travelling to and from South Africa to be in possession of an unabridged birth certificate. Parent/s travelling with children under 18 years old will be asked to produce the required documentation at check-in for each flight. Read more.
(a) We recommend before travelling that you check the Government website relating to the countries you are travelling to for any applicable travel advisories relevant to those countries (for example, the relevant New Zealand website is located at www.safetravel.govt.nz and the relevant Australian website is located at www.dfat.gov.au/travel).
(b) As well, please note that Government legislation prohibits the carriage of dangerous goods on aircraft. To view what these are and what is permissible to carry please go to: https://www.aviation.govt.nz/passenger-information/
2 Our Services
(a) We provide a travel booking service that enables you to:
(i) book or purchase travel related goods and services promoted on our Website;
(ii) conduct flight and other travel related searches and reservations;
(iii) access our Customer Service assistance service;
(iv) take advantage of our Price Guarantee;
(v) use our payment processing, documentation and ticketing services.
(b) We do not provide Travel Products such as flights and hotel rooms. We are the agent of the Suppliers that provide the Travel Products you can book or purchase through our Website.
(c) When Booking or purchasing a Travel Product we act on behalf of the Supplier to accept your Booking and payment. Each booking you make forms a contract between you and the applicable Supplier and is subject to the Product Terms, including conditions of carriage and limitations of liability, imposed by the Supplier. We recommend that you read the Product Terms before finalising your booking. We can provide you with copies of the relevant terms and conditions on request.
(d) We do not act as your agent when you book Travel Products through our Website.
(e) Your legal rights and remedies in connection with the provision of the Travel Products you book are against the Supplier and, except to the extent a problem is directly and primarily caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any Supplier is unable to provide the Travel Product for which you have contracted either at all, or to the requisite standard, your remedies are against that Supplier and not against us. However, our Customer Service team will assist you should you have an issue with a Supplier or the Travel Products and services they provide to you.
2.2 Customer Service
When you make a flight Booking through Webjet, the Servicing Fee paid as part of the Booking provides you with access to our global Customer Service offering. The Customer Service provided includes access to staff either online, by email or by phone to confirm your Booking, make any changes to your booking or otherwise seek assistance with your Booking. The Customer Service provided by Webjet is global in nature and can be accessed from anywhere around the world.
3. Travel Products
3.1 Product Terms
In addition to these terms, Suppliers and hotels may impose (and you must comply with) their own terms and conditions in relation to their Travel Products (Product Terms) (for example, an airline's terms of carriage, the cancellation conditions of a hotel booking). You must accept and agree to those Product Terms to complete your Booking. You should carefully read the Product Terms specific to the applicable Travel Products before completing your Booking.
Flight fulfilment is provided by the airline(s) selected at the time of finalising the Booking. For your air travel, you are bound by the Product Terms of the selected airline(s). Webjet is not responsible for subsequent changes to airline scheduled departure times, departure dates or flight cancellations.
WebBeds FZ LLC licence no. 91277 a wholly owned subsidiary of Webjet Limited ACN 002 013 612 provides access to a hotel booking facility. WebBeds has a marketing service agreement with the Suppliers of the hotel booking facility. The hotel accommodation accessed through the Website (Hotel(s)) is provided by a Supplier.
In making the Booking you agree to:
(a) to comply with the selected Hotel(s) Product Terms; and
(b) that any further charges relating to your Booking (for example, additional bedding, locally payable taxes, resort fees, minibar charges, and any transfer costs and meals not included in the price of the room(s) booked) will be paid by you, directly to the applicable Hotel.
Packaged holidays (Packages) are made available by Webjet combining various Suppliers’ Travel Products. You agree:
(a) to comply with the applicable Product Terms for each of the Travel Products; and
(b) that any further charges relating to your Booking (for example, additional bedding, locally payable taxes, resort fees, minibar charges, and any transfer costs and meals not included in the Package charges) will be invoiced by, and paid by you to, the applicable hotel or Supplier.
Webjet is not authorised to disclose the component pricing of the packaged Travel Products.
3.5 Car Hire
(a) Suppliers make cars available to hire through the Website. Where you hire a car:
(i) you enter into a contract to hire that car directly with the Supplier;
(ii) you must comply with any Product Terms and requirements of that Supplier (including procuring the appropriate insurance) and the driving laws of the country in which you have hired the car; and
(iii) Webjet has no responsibility for and excludes all liability in relation to that car hire.
(b) The car rental Booking price is guaranteed in the local currency of the car rental location and has been converted to New Zealand dollars (where applicable) at the current rate of exchange. The price in New Zealand dollars may vary as a result of currency exchange fluctuations and as such can only be used as a guide.
(c) Your credit card or other payment details may be supplied to the car rental company to secure your Booking and you will be required at car pick-up to provide your credit card.
(a) Third-party insurers make travel insurance (Insurance) available to purchase through the Website. Before you purchase Insurance you must read and consider the product disclosure statement before making any decision to proceed.
(b) If you purchase Insurance:
(i) you enter into a contract in respect of that Insurance directly with the third-party insurer;
(ii) Webjet does not act as an insurer or provide that Insurance to you; and
(iii) Webjet has no responsibility for and excludes all liability in relation to that Insurance, including in relation to any claims made by you under it.
(c) Webjet is not a registered Financial Service Provider or a Financial Advice Provider and is not authorised to advise or arrange Insurance or any other financial product on your behalf. We are able to refer you to a licenced insurer via a hyperlink on our Website which enable you to deal directly with the insurer. We may receive a commission from the insurer in respect of any related Insurance policy you accept as a result of the referral from our Website.
You acknowledge and agree that Webjet may receive a commission or an affiliate fee or a marketing fee from Bookings and other transactions entered into by you using the Services or Website.
4. Your Obligations
4.1 Your Obligations
(a) You must only access and use the Services:
(i) to make enquiries about and Bookings for Travel Products on the Website (Permitted Purpose);
(ii) in accordance with these terms;
• have sufficient credit on your credit card account to meet all charges for Travel Products you book through the Booking facility;
• keep secure any means of identification that Webjet provides to you in relation to your Account or specific booking;
• comply with all requirements for the Travel Product you've booked, including any Product Terms (where applicable); and
• ensure that you have the necessary documentation to travel.
(b) You must not:
(i) access or use the Services:
• for any activities which breach any laws, infringe any third party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority;
• in any way which interferes with other users or defames, harasses or menaces anyone;
• for any purpose (commercial or otherwise) other than the Permitted Purpose without the express written permission of Webjet, including any reproduction, data mining, automated querying or similar data extraction processing;
(ii) reverse or cancel a payment without Webjet's prior written consent;
(iii) resell the Services, Travel Products or any other products and services accessed by means of the Services; or
(iv) 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.
(c) You are solely responsible for:
(i) assessing the suitability of any Travel Products for your needs; and
(ii) all matters relating to complying with the laws and regulations of all immigration authorities of the countries you travel to and from.
(d) When you make Bookings on behalf of any other person you must have their authority to make the Booking and to bind them to these Terms and Conditions and all relevant Product Terms. We will rely on your authority to do this.
4.2 Your Account
(a) To use Webjet booking facility you may be required to create an online account (Account) and/or provide:
(i) personal information, including (in some cases) passport details;
(ii) billing information;
(iii) any other information reasonably required by Webjet to complete your Booking; and
(iv) an Account password.
(b) You are responsible for all use of the Services, and all transactions entered into by means of the Services, under your Account. Webjet takes 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 directly and primarily through a fault on our part.
(c) Except to the extent caused by our fraud, negligence or wilful neglect, you indemnify Webjet 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.
4.3 Intellectual Property
(a) All the intellectual property rights in the Website and the Booking Facility are owned by Webjet and/or its licensors (as applicable). The only rights you have to this intellectual property are the limited rights to use and access the Website and the Booking Facility for the Permitted Purpose.
(b) You must not:
(i) disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Services; or
(ii) modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Services.
4.4 Your Information
5. Payments and Refunds
(a) Bookings must be paid in full in order to purchase the Travel Product(s).
(b) By clicking “Pay Now”, you accept:
(i) the fees and charges payable to Webjet and its related entities, set out in the payment summary, and
(ii) the Supplier's offer to sell the Travel Products to you for the price set out in your shopping cart, and subject to these Terms and Conditions and any applicable Product Terms.
(iii) consent to Webjet supplying your billing, payment and identification information (including personal information) to those Suppliers and/or hotels who will supply the Travel Products and accept that the recipients of this disclosure may not have in place privacy policies equivalent to Webjet’s
(c) Your Booking is not confirmed until full payment is received by Webjet and confirmation is provided to you by Webjet or the Supplier(s) with a confirmation or booking number for each element of the Travel Product(s) booked.
(d) Payments received from you for a Booking are held on trust for the relevant Suppliers and paid to the Supplier once the Supplier confirms the Booking. Once paid to the Supplier, Webjet is unable to refund your Booking payment unless the Supplier refunds the payment to us. Refer to section 5.3. At no time does Webjet hold your payment for Bookings for your benefit.
5.2 Transaction Verification
(i) authorise Webjet's agents to:
• charge all fees incurred to the credit card designated by you;
• disclose your credit card details or other payment credentials to, and obtain information from, any financial institution or card issuer, payment provider to verify the credit card, payment credentials and identification details that you provide;
• take steps to confirm that there is sufficient credit on your credit card account or other payment account to meet likely charges;
(ii) authorise your credit card issuer, payment provider or financial institution to verify that your payment credentials (for example, your credit card and identification details) you have provided to Webjet are accurate; and
(iii) consent to Webjet supplying your billing, payment and identification information (including personal information) to those Suppliers and/or hotels who will supply the Travel Products in your Booking to you.
(b) Before Webjet proceeds to process any Booking on your behalf or issues your travel documentation, various checks are taking place to validate the integrity of your payment credentials, including any credit card or account information and in certain circumstances you will be required to submit verification documentation to substantiate identity. This process is intended to reduce the potential risk for fraud and disruption to passengers upon check in.
(c) If your credit card or other payment option is not approved Webjet may attempt to contact you. Where Webjet cannot contact you and the ticket issuance period lapses (thereby making the Booking invalid), Webjet will have no choice but to cancel the booked arrangements. Under these circumstances Webjet accepts no responsibility for any re-Booking costs unless the loss was caused directly and primarily by fault on our part.
(d) Webjet reserves the right to decline Bookings where in its reasonable opinion it is appropriate to do so. Any automatic Booking confirmations are conditional on Webjet's acceptance of any financial risks, potential ticket despatch delays, or other regulations that may apply.
(e) If payment is not received for your confirmed Booking for any reason, you agree to pay Webjet all amounts due on demand.
(a) Your right to a refund of an airfare booked on the Website is governed by the terms and conditions of the airfare you purchased and is as determined by the applicable airlines. Many fares are non-refundable. Airline charges or cancellation fees may apply to your particular airfare.
(b) Your right to a refund of a travel product booked on the website is governed by the terms and conditions of the supplier of the travel product (Supplier). You should read the Supplier’s refund policy carefully. Many travel products are non-refundable and Supplier charges or cancellation fees may apply to your particular travel product.
(c) Webjet will only be liable to provide a refund to you to the extent that it actually receives a refund from the relevant Supplier. Where refunds are due to you from a Supplier, Webjet will provide reasonable assistance to you in claiming any refunds from that Supplier. In that situation, Webjet is authorised (but not obliged) to seek such refunds from the Supplier directly and on its own behalf.
(d) Where a refund is applicable, the turnaround time from the date of your request for refund to the date you are provided with your refund is beyond the control of Webjet. Webjet will act diligently to pursue your claim for a refund from a Supplier and promptly remit any refund received from a Supplier in a timely manner once it has been cleared by our bank.
6. Changes and Cancellations
(a) Because Webjet is reliant on the availability of Travel Products from Suppliers, Webjet reserves the right to amend your Booking at any time in consultation with you if:
(i) an error is made by the Supplier or hotel in relation to a Travel Product; or
(ii) in circumstances beyond Webjet's reasonable control, the Supplier or hotel advises that it is unable to provide the Travel Product at the price advertised on the Website.
In such circumstances additional charges may have to be paid by you for the Travel Products and/or your itinerary may need to be changed.
Information about how to change or cancel your Booking is available on the Website at: http://www.webjet.co.nz/about/change-my-booking. If you are requesting a change or cancellation via our website or directly with our telephone or messaging team, there is no additional Webjet fee for this service.
(b) If you cancel any Travel Product (including any element of a Package) you may incur cancellation charges from the Supplier supplying the cancelled Travel Product and you agree to indemnify Webjet (and any related parties) for any fees or charges incurred by them in relation to your cancellation, except to the extent the cancellation was directly and primarily caused by our fault.
(a) In the event that you need to cancel your Booking, you must advise Webjet as early as possible before your check-in date. Please check the hotel's cancellation policy on your confirmation voucher as there may be penalties.
(a) If you wish to cancel or vary any element of a Package, Webjet will permit this where it is reasonably able to do so. However your Booking will no longer constitute a Package and you may lose the benefit of the Package, including any savings made from purchasing those elements together as a Package.
(b) Where a Supplier cancels an element of a Package, Webjet may elect to either cancel that Package in whole, or substitute a substantially similar element for the cancelled element. Webjet is not liable for the cancellation of an element by a Supplier or the consequences of that cancellation (including the consequences of Webjet's election to cancel a Package in whole). In these circumstances your rights in respect of the cancellation will be governed by the relevant Product Terms.
The following fees (Fees) may apply to your Booking:
7.1 Payment Fee
Webjet may charge you a Payment Fee in relation to processing your booking and accepting payment.
Payment Fees are charged by Webjet in its own capacity (as merchant), and not as an agent for any other party. Payment Fees cover a range of costs, services, fees and charges in relation to your booking, including (among other things for example fraud prevention) the reasonable costs of accepting card payments. Payment Fees will be shown in the price of your Booking on the checkout page after a payment method has been selected.
7.2 Servicing Fee
The Servicing Fee included in your Booking payment summary is non-refundable and will be charged to you within 24 hours. Funds need to be available on your card at the time of making the booking otherwise ticketing will not take place and you may need to rebook at a higher fare level.
The Servicing Fee provides you access to our global Customer Service function. The Customer Service provided to you by Webjet is global in nature and can be accessed from anywhere around the world.
The Servicing Fee covers a range of costs, services, fees and charges in relation to providing you with Customer Service in relation to your Booking and includes GST. Webjet provides customers access to 24/7 support channels including telephone, live chat, email and frequently asked questions. Included in the Servicing Fee is the ability to change Bookings online. Customers will just have to pay any applicable airline or hotel fees. Furthermore, the Servicing Fee provides customers with assistance when an airline initiates a schedule change, or when a carrier does not immediately confirm a Booking.
No refund of the Servicing Fee is given if you do not request Customer Service in relation to your Booking.
You will be charged the following Servicing Fee in relation each applicable Booking:
(i) Domestic $10.95;
(ii) AU/Pacific $18.95;
(iii) International $3.95.
7.3 Booking Price Guarantee Fee
If the Booking Price Guarantee fee is included in your Booking payment summary, the fee will include GST, is non refundable and will be charged within 24 hours. Funds need to be available at time of booking, otherwise ticketing will not take place and you may need to rebook at a higher fare level.
The Booking Price Guarantee fee applies per booking which can include multiple passengers and products.
You will be charged the following Booking Price Guarantee Fee in relation to each applicable Booking:
(i) Domestic $8.95;
(ii) AU/Pacific $10.95;
(iii) International $17.95.
Webjet reserves the right to limit the liability of the Booking Price Guarantee to $1000 per Booking.
7.4 Cancellation Fees
Webjet reserves the right to charge amendment or cancellation fees depending on circumstances and any relevant Product Terms.
(a) All pricing is reflected in New Zealand Dollars (NZD) unless otherwise specifically denoted on the screen.
(b) Webjet makes no representation that its airline price sales are identical to prices on individual airline sites that may exist from time to time.
(c) Webjet reserves the right for marketing and commercial reasons to modify prices.
(d) The Servicing Fee for bookings and Insurance (if selected) are non-refundable.
(e) Hotel prices shown are always based on the occupancy requested using existing bedding. If additional bedding or rollaway beds are required, these must be requested directly to the hotel and may incur additional charges payable directly to the hotel. Prices generally exclude locally payable taxes levied by some countries and cities on tourists as well as resort fees, unless otherwise indicated. These taxes and fees can be calculated based on the type of hotel or room you have selected, the length of your stay, or the reason for travel, can change at any time, and are payable by you directly to the hotel.
8.2 Currency Variations
For some international mix-and-match flights Webjet's flights results page indicates that some return flight pricing has been converted to NZD at the exchange rate on the day of booking. Variations to your final price may occur due to currency fluctuations. Please note, where any pricing has been converted from a foreign currency to NZD your credit card company or other payment provider may charge a conversion fee.
8.3 Coupon Codes
(a) Coupon codes may be made available from time to time to offer additional savings on a Travel Product. Coupon codes may apply to selected Travel Products only and may be subject to a minimum spend or stay requirement. All coupon code Bookings are subject to availability.
(b) Coupon codes are valid for the duration of the respective promotion only and only one coupon code per Booking may be used. If multiple coupon codes are available at the same time, they are not cumulative and it is at the discretion of the customer to select the coupon code they wish to apply.
(c) Coupon codes have no cash or refund value and cannot be returned for cash or its equivalent. Coupon codes cannot be applied to the cost of existing Bookings and cannot be used for amendments to existing Bookings, irrespective of whether a coupon code was used for the original Booking.
(d) Webjet reserves the right to alter or withdraw coupon code promotions at any time.
9. Hotel-Specific Pricing Terms & Conditions
9.1 Room Occupancy & Bedding Configuration
(a) All prices shown are based on the occupancy you have requested, using the existing bedding in the room. If additional or rollaway beds are required, these are subject to availability at the hotel property only and additional charges may be payable to the hotel property directly.
(b) Please ensure that the occupancy you have requested is correct before you complete your booking.
9.2 Special Requests and Specific Assistance
Special requests (e.g. non-smoking facilities or a balcony) and specific assistance requirements (for example, if you require specialised equipment at the Hotel) are not guaranteed and may result in additional charges being payable directly to the Hotel.
9.3 Errors & Omissions
(a) We reserve the right to amend your Booking in consultation with you where an error or omission was made in relation to the Travel Product or services purchased and;
(i) the error/omission was made in circumstances outside our control; or
(ii) the error/omission was made by the Supplier and they have advised that they are unable to provide the purchased Travel Product or services at the price advertised or at all; or
(iii) the error/omission made by us or the Supplier leads to a material and unreasonable outcome (for example, a luxury hotel booked at AUD10).
(b) We remind you that we publish all content on our Website in good faith; however, all content is provided by Suppliers and we do not check or verify the accuracy of this information. Quality ratings provided are for information purposes only, vary considerably from one country to another, and are not a guarantee or warranty of any kind. For instance:
(i) Quality ratings may be based on a range of subjective or objective criteria and as such, our ratings are not guaranteed to be consistent with ratings found on other third party sites. Where possible, TripAdvisor ratings and reviews have been provided to help you make an informed decision.
(ii) Information related to mapping and distances are also provided for information purposes only and are not a guarantee or warranty of any kind of the hotel’s location.
(iii) Images displayed on our Website may comprise of the hotel’s rooms, suites, restaurants, guest facilities and surroundings. Again, we do not check or verify these images. Please note that the room images displayed may not depict the actual room you have booked.
(c) Errors and omissions on our Website are corrected upon learning of the error or omission. We reserve the right to cancel any reservation without liability or penalty to you, if an error or omission occurs in any of the circumstances outlined above, unless the error or omission was directly and primarily caused through a fault on our part.
9.4 Check in
You may be requested to contact a hotel prior to your arrival if you are arriving outside of the hotel property’s normal reception hours or if check in is at an alternative location after hours. If you fail to make arrangements for check in with the hotel you have booked, we reserve the right to refuse a refund and will not be responsible for the cost of relocation.
Upon check in, a hotel may require you to present government-issued ID and/or a credit card/cash deposit to cover incidental expenses during your stay. The credit card/cash deposit is not related to payment received by us.
A hotel may also ask you to present government issued ID that matches the name on your booking.
If you fail to provide either of the above to the hotel, you may be denied check in. In these instances we mayrefuse to provide a refund and we cannot be held liable for any costs (e.g. for relocation to another hotel) incurred as a result.
We remind you that we are an intermediary only, and upon booking, your contract is between yourself and the hotel you have booked. If the services provided by the hotel fall below your expectations, it is your responsibility to raise this with the hotel during your stay. If you fail to provide the hotel with reasonable opportunity to resolve your complaints, our ability to request a refund on your behalf after you have checked out will be limited and may not be possible at all.
9.5 Renovations and Closures
We endeavour to make any information related to renovations or facility closures available to you on our Website. Periods of closure are advised by our Suppliers and/or the Hotel and may be subject to change without notice.
In the unlikely event of relocation due to a hotel’s inability to accommodate you, we reserve the right to provide you with a suitable alternative hotel or provide a full refund. You do not have to accept an offered alternative; in that instance, we will provide you with a full refund of the value of the original hotel Booking that is unable to be accommodated as booked.
9.7 Compulsory Special Events
Many hotels around the world require guests to pay for and attend celebratory events on special occasions such as Christmas Eve, Christmas Day, New Year’s Eve, Chinese New Year and Valentine’s Day. Room rates shown generally exclude the cost of attending these events. Please enquire directly at the hotel you have selected if you are planning to stay over festive periods.
9.8 Price Changes
Our system accesses rate and availability information from our Suppliers. Due to the dynamic nature of rates and inventory, the room price may change while you are in the process of completing your Booking. If this does occur, you will be advised of this price change before your booking is confirmed, and be given the opportunity to select another hotel or room type.
9.9 Affiliate Program
Webjet is part of an affiliate program, please click on the following link for more information and to view the terms and conditions of that program.
(a) 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 Suppliers and other third party providers over whom we have no direct control, an event of Force Majeure affecting you, us or a Supplier or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Consumer Guarantees Act 1993). In particular, we disclaim any liability for any consequential loss, including loss of enjoyment or amenity. This liability clause is subject to your rights under the Consumer Guarantees Act 1993 and nothing in these terms and conditions is intended to limit any rights you may have under the Consumer Guarantees Act 1993.
(b) Without limiting the disclaimer of liability in the previous paragraph, any obligation we have to you will be suspended during the time and to the extent that we are prevented from, or delayed in, complying with that obligation by an event of Force Majeure.
(c) Your rights with respect to a confirmed booking affected by an event of Force Majeure will be subject to the terms and conditions of the relevant Supplier.
(d) If any guarantees or 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, at our option:
(i) in the case of products:
(A) the replacement of the products or the supply of equivalent products;
(B) the payment of the cost of replacing the products or acquiring equivalent products;
(ii) in the case of services:
(A) the supply of the services again;
(B) the payment of the cost of having the services supplied again.
(e) Your airlines liability to you and your claim against an airline may also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which may limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage.
Except to the extent caused by our fraud, negligence or wilful neglect, you agree to indemnify Webjet and any of its 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 any third parties as a result of:
(a) your breach of these Terms and Conditions or the documents referenced herein;
(b) your breach of any law or the rights of a third party; or
(c) your use of this Website.
11.1 Information on the Website
(a) Some of the material accessible through the Website is provided by Suppliers and other advertisers. This material does not form part of our Services, and we are not responsible for this material. Webjet does not warrant, and disclaims any liability for the accuracy or completeness of the information provided by Suppliers and other advertisers in relation to their Travel Products and other goods and services that they provide.
(b) Information provided through the Website is provided in good faith, and is subject to amendment at any time without notice.
(c) You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Website.
(d) The Website does not include or provide access to every Travel Product available in the market.
(e) Webjet makes no representation that its prices or products are identical to prices or products on other Travel Product sites that may exist from time to time. Webjet reserves the right for marketing and commercial reasons to modify prices and products.
11.2 Site Software
When you Visit the Website, you are using software which is owned by or licensed from Webjet Ltd. For each Visit, Webjet Marketing Pty Ltd, as agent for Webjet Ltd, grants you a personal non-exclusive license to use the software associated with the Webjet site for the duration of the Visit and for the sole purpose of making Travel Product bookings (“Licence”). Any other use, commercial or otherwise, of the software or information on the site without the express written permission of Webjet is strictly prohibited, including any reproduction, data mining, automated querying or similar data extraction processing. Webjet Marketing Pty Ltd is not the agent of Webjet Ltd for any other purpose connected with the Service. You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Visit. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice. You must not use the software associated with the Service except in accordance with the Licence.
12.1 Changes to these Terms
Webjet may, when it considers it reasonably appropriate to do so in the relevant circumstances, amend these Terms and Conditions at any time by posting the revised version of the agreement to the Website. The amended agreement will take effect from the time of posting on the Website.
You must not novate or assign any of your rights under these Terms and Conditions to a third party.
12.3 Governing Law
These terms are governed by the laws in force in New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand and courts of appeal from them for determining any dispute concerning these terms.
In these Terms and Conditions:
Account has the meaning given to this term in section 4.2.
Booking means a purchase of a Travel Product made by you through the Website.
Customer Service means the services described in section 2.2 provided by Webjet.
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. For the avoidance of doubt, the inability of a party to make a profit or avoid a financial loss, changes in market prices or conditions, or a party’s inability to perform its obligations due to insufficiency of finance does not in itself constitute Force Majeure.
Insurance has the meaning given to this term in section 3.6.
Licence has the meaning given to this term in section 11.2.
Packages has the meaning given to this term in section 3.4.
Payment Fee means the fee described in section 7.1.
Permitted Purpose has the meaning given to this term in section 4.1.
Price Guarantee means the Webjet guarantee provided when making Booking as part of a single transaction that guarantees the price of the Travel Product at the price selected at the commencement of the enquiry provided the paid in full booking is completed within 30 minutes, and this booking is not subsequently changed. This guarantee applies even if your fare sells out within the 30 minutes, resulting in a more expensive seat being booked. The increased cost is covered by the Price Guarantee.
Product Terms means the terms and conditions upon which a Supplier provides a Travel Product to you.
Telephone Change has the meaning given to this term in section 6.1.
Terms and Conditions means this document as amended and varied from time to time.
Travel Product means each product described in section 3 and any other travel related products that is able to be Booked or purchased by Visiting the Website.
Services means the services described in section 2 and any other service provided by Webjet from time to time.
Services Fee means the fee described in section 7.2.
Supplier means a third party that provides a Travel Product.
Visit means your access to and use of the Website.
Webjet, we, us and our means Webjet Marketing Pty Ltd and its related entities.
Website means the website located at: http://www.webjet.co.nz as well as any electronic retail sales facility (including any website and mobile or tablet sites or applications) operated by Webjet.
You means a person who makes a Visit to our Website or makes (either directly or indirectly through another person) a Booking for a Travel Product through the use of our Website.
Updated 14 October 2020
Bookings made on or after 14 October 2020 are bound by the above-mentioned Terms and Conditions, dated 14 October 2020.
Bookings made prior to this date will be bound by previous Terms and Conditions, dated 13 September 2018, agreed to at the time of booking. Refer here https://www.webjet.co.nz/about/previous-booking-terms/ to view these Terms and Conditions.