The Facility is the Motion Travel web site or one of its sub-sites and the ability to enter into transactions directly with us or with certain parties whose content appears on the site. You acknowledge that some of the material accessible through the facility is provided by third parties, and we are not responsible for this material.
Where the Facility provides the ability to enter into transactions with third parties we are not responsible for those third parties or the goods or services they offer. Airlines and other third party travel providers impose different terms and conditions on the sale of specific travel products featured on this site. You should carefully read all the terms and conditions specific to the product you are booking before finalising your travel transaction.

GENERAL PROVISIONS

This agreement is governed by the laws in force in New South Wales. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice. Your use of this travel web site and on-line reservation facilities such as 'booking form' and 'booking online' here-by referred to as the 'booking engine' is subject to the following Standard Terms of Service and Trade:

1. Ownership, copyright and trade marks
The content of this travel web site, farefinder and booking engine, the licensor and / or provider of this site ('the Agent'). Unauthorised use is strictly prohibited. All title, ownership rights and intellectual property rights, including copyright, rest with the Agent (Motion Travel).

Accuracy of information and limitation of liability
The Agent does not endorse or recommend any particular travel service provider. The Agent and its third party suppliers have taken reasonable care that the content of this travel web site, including all travel information and listings is correct but is subject to amendment at any time without notice. The Agent publishes such information in good faith. As user you acknowledge and accept that:

The Agent cannot and has not checked the accuracy of all information provided by travel service providers such as airlines and hotels. The hotel listings may include errors and travel service providers such as airlines, hotels, wholesalers and car suppliers are requested and encouraged to correct and update their information regularly and as needed. The Agent will not be responsible for errors, omissions or misleading information in travel information and listings. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the facility.

You are solely responsible for the suitability of any travel services which you purchase by means of the service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of travel services for use in association with other travel services. Any Agent's role in relation to your travel arrangements is limited to facilitating your booking and arranging travel documentation, payments and refunds as applicable. The Agent accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, the Agent disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by the Agent to complete bookings where that failure is due to circumstances beyond its control.

The Agent accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel services to you where your booking has been properly processed by it; nor is the Agent responsible for any acts or omissions of airlines or other third parties in the course of delivery of such travel services. Where the Agent is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to services not provided because of the Agent's default. Where refunds are due to you from third party suppliers of travel products or services, the Agent will provide reasonable assistance to you in claiming such funds from those suppliers. Under no circumstances will the Agent be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages for disappointment.

Warranties
To the maximum extent permitted by applicable law, the Agent grants no warranties, express or implied, regarding this travel web site and any service or facilities provided including the booking engine. The site and any service or facility are being offered to you "as you see it". The Agent will not be liable to you for the breach of any alleged warranty.

Use of the Booking Engine (booking Online)
In making a hotel, air, car, or tour reservation for you through the booking engine, the Agent will be acting as agent of the hotel/wholesaler, car hire company, tour provider or airline concerned. The Agent accordingly accepts no responsibility or liability for any misunderstanding or error, whatsoever and howsoever caused, in respect of any reservation made through the booking engine. The onus rests on you to read the booking rules and ensure your booking abides by these, to carefully check and correct any mistakes in your reservation request and in any confirmation thereof received from the hotel, car hire company or airline via the Agent.

Use of your contact information
As user of this travel web site and any service or facility such as the booking engine, you agree and consent that the Agent may use, including to share with third parties, your contact information (i.e. your name, e-mail and physical / postal address and / or other contact details) for all purposes directly connected with your reservation request. Please view our Privacy Policy (Hyperlink to Privacy Policy Page).

2. Inferred Consent to receive Electronic Communication
When purchasing goods and services via Motion Travel and providing your electronic mail address you imply your consent to receive Electronic Communication from us offering similar goods and services to those previously purchased, in accordance with the Spam Act 2003. Motion Travel provides an unsubscribe facility should you wish to stop such communication at any time.

Indemnity
As a condition for your use of this travel web site including any service or facility such as the booking engine, you agree to indemnify the Agent from and against any liability, damage or loss that the Agent incurs or suffers as a result of any action, inaction or omission on your part.

3. Clients Responsibility
By registering for the service, you warrant to us that you are at least eighteen years old You must have sufficient credit on your credit card account to meet all charges for travel services you book through this web site.

You must read the travel-specific terms and conditions at the end of these terms and conditions and convey all information set out in those terms and conditions to any other parties covered by any booking you make.

You must keep secure any means of identification that we provide to you in order to access the service. You must not resell the service or any products or services accessed by means of the service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the service. You are responsible for all use of the service, and all transactions entered into by means of the service, using this user identification.

You must not use the service for any activities which breach any laws, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the service in any way which interferes with other users or defames, harasses or menaces anyone. 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 service by you or any other person using your membership identification or password.

You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice.

You acknowledge that we may receive all commission from transactions entered into using the service.

TRAVEL SPECIFIC TERMS AND CONDITIONS

1. Fares & Prices
Airfares and prices are subject to change until full payment is received and are subject to Airline/provider availability. Some airport taxes are not pre-payable; it is your responsibility to pay these when required. To cover the increasing cost of aviation fuel, some Airlines/providers have introduced fuel surcharges. These surcharge are not always reflected in the prices shown and will be an additional charge. The general booking form constitutes a request only and we do not guarantee fares or prices until the booking has been confirmed by one of our consultants and paid for. Airline/hotel/car/tour availability, fare conditions and class of travel can change at any time. Routing restrictions and other special conditions may apply. Taxes, airport charges and any additional costs will be advised to you when your booking is confirmed. Bookings made through the booking engine also constitute a request, and the correctness of this request in regards to abiding by the rules of the fare as stated is the responsibility of you, we do not guarantee the fare quoted until the booking is confirmed by one of our consultants. Airlines and other suppliers may change their prices without notice.

Booking Acknowledgement
Acknowledgement of your booking request will be sent via e-mail or telephone call within 24 hours of your request being received. Please ensure you check your e-mail regularly. If you do not receive an email from Motion Travel, or one of our third party providers, please check your Junk and Deleted email folders as you may have mail filters in place.

Travel Documentation
Passport, Visa and Health requirements are the responsibility of all individual travellers. Passports are required for all travellers departing Australia. Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. Many countries require that foreign nationals entering hold a passport with at least six months validity. We will assist in providing information based on the information supplied by you in the booking form or booking engine. Photo ID is required for all domestic travel within Australia. Acceptable forms of photo ID include a valid Australian driver's licence or valid passport. This information as well as other related information supplied by the Agent and any links within the site are supplied in good faith; however should be treated as a guideline only. The final responsibility for ensuring documentation is correct is that of the individual traveller. The posting/couriering of travel documentation is the responsibility of you. The agent will not be held responsible for tickets lost by a third party, any charges associated with reissue and resending of documentation will be at your expense.

Liability
We cannot accept responsibility for any travel service, rules and conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and 'as is'. We do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaimer all implied warranties in connection with such data or services. In no event shall we be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any display within this site.

Booking, Cancellation and Amendment Charges
Certain fees may be payable in respect of transactions entered into using the Service, as notified at the time of the relevant transaction. These fees may include booking fees, cancellation fees and, where amendment is permitted, amendment fees. In some cases, Agents may charge cancellation and/or amendment fees in addition to those imposed by travel service providers. Unless otherwise notified to you at the time of entry into the relevant transaction, a charge of 20% of the total amount of each booking transaction is payable to the Agent in respect of any cancellation, and, where amendment of a booking is permitted, a charge of $20 is payable to the Agent for each permitted amendment in addition to any applicable airline/operator fees. Before entering into a transaction, you should carefully check to see whether any other cancellation or amendment fees apply. These charges will be deducted from your credit card at the time charges are incurred. We reserve the right to refuse service to any client we feel is not genuine in their desire to transact with Motion Travel according to our terms and conditions. Excessive booking requests coupled with the repeated failure to complete transactions by providing requisite payments will be deemed deliberate time-wasting and, at our discretion, may result in the refusal to provide service.

International & Domestic Online Flight Booking Fee
An automatic International & Domestic Booking Fee of AU$9.90 including GST will be charged per transaction via the International & Domestic Booking Engine. The Booking Fee applies to all International & Domestic bookings made online via the Motion Travel website. The Booking Fee will automatically be charged upon completion of the online booking. The Booking Fee is non-refundable.

Travel Insurance
It is recommended that all travellers obtain travel insurance against cancellation or amendment fees as well as providing sufficient medical cover.

Changes to these Terms and Conditions
Motion Travel has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions.