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Terms of Service

Last updated: March 1, 2024

These Terms of Service govern your use of Auto Essence Australia's website and services. By accessing our website or using our services, you agree to be bound by these terms.

Table of Contents

  • 1. Acceptance of Terms
  • 2. Description of Services
  • 3. User Accounts and Registration
  • 4. Booking and Payment Terms
  • 5. Cancellation and Refund Policy
  • 6. Travel Insurance
  • 7. User Conduct
  • 8. Intellectual Property
  • 9. Disclaimers and Limitation of Liability
  • 10. Force Majeure
  • 11. Dispute Resolution
  • 12. Governing Law
  • 13. Changes to Terms
  • 14. Contact Information

1. Acceptance of Terms

By accessing and using the Auto Essence Australia website (auto-essence.com) and our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

1.1 Eligibility

You must be at least 18 years old to use our services independently. Minors may use our services only with the involvement and consent of a parent or legal guardian.

1.2 Capacity to Enter Contracts

By using our services, you represent that you have the legal capacity to enter into binding contracts and that you are not prohibited from using our services under Australian law or the laws of your jurisdiction.

1.3 Business Use

If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these terms.

2. Description of Services

Auto Essence Australia provides tourism and travel services including but not limited to:

2.1 Core Services

  • Guided tours and travel experiences throughout Australia
  • Custom itinerary planning and consultation
  • Accommodation booking and arrangement services
  • Transportation coordination and booking
  • Cultural and adventure activity arrangements
  • Travel advice and destination information

2.2 Service Limitations

We act as intermediaries between you and various service providers including hotels, airlines, tour operators, and activity providers. We are not the principal provider of these services unless explicitly stated.

2.3 Service Availability

Services are subject to availability and may be modified or discontinued at any time. We reserve the right to refuse service to any individual at our discretion.

3. User Accounts and Registration

3.1 Account Creation

Some services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these terms or for any other reason at our discretion.

4. Booking and Payment Terms

4.1 Booking Process

Bookings are subject to availability and confirmation. A booking is not confirmed until you receive written confirmation from us and any required deposits are processed.

4.2 Pricing

  • All prices are quoted in Australian Dollars unless otherwise stated
  • Prices are subject to change until booking is confirmed
  • Additional taxes, fees, or surcharges may apply
  • Group discounts may be available for bookings of 8 or more people

4.3 Payment Terms

  • Deposits are typically required at time of booking
  • Full payment is generally due 30 days before travel date
  • We accept major credit cards and bank transfers
  • Payment processing fees may apply
  • Late payment may result in booking cancellation

4.4 Currency Fluctuations

International bookings may be subject to currency fluctuation surcharges if significant changes occur between booking and travel dates.

5. Cancellation and Refund Policy

5.1 Customer Cancellations

Cancellation terms vary by service and are specified at time of booking. Generally:

  • 90+ days before travel: Full refund minus processing fees
  • 60-89 days before travel: 75% refund
  • 30-59 days before travel: 50% refund
  • Less than 30 days: No refund unless exceptional circumstances

5.2 Auto Essence Cancellations

We reserve the right to cancel services due to:

  • Insufficient bookings
  • Weather or safety concerns
  • Force majeure events
  • Supplier cancellations

In such cases, we will provide a full refund or alternative arrangements.

5.3 No-Shows

Failure to appear for confirmed services without prior notice will result in forfeiture of all payments.

5.4 Refund Processing

Approved refunds will be processed within 14 business days to the original payment method.

6. Travel Insurance

6.1 Insurance Recommendation

We strongly recommend that all travelers obtain comprehensive travel insurance covering:

  • Trip cancellation and interruption
  • Medical expenses and emergency evacuation
  • Lost or delayed baggage
  • Personal liability

6.2 Insurance Requirements

Certain activities or destinations may require mandatory insurance coverage. These requirements will be communicated at time of booking.

6.3 Our Liability

Auto Essence Australia is not responsible for costs that would be covered by appropriate travel insurance.

7. User Conduct

7.1 Prohibited Activities

You agree not to:

  • Use our services for any unlawful purpose
  • Harass, abuse, or harm other customers or staff
  • Damage property or equipment
  • Engage in disruptive or dangerous behavior
  • Violate local laws or customs
  • Use our website to distribute malware or spam

7.2 Travel Behavior

During travel experiences, you agree to:

  • Follow all safety instructions and guidelines
  • Respect local cultures and environments
  • Arrive punctually for scheduled activities
  • Notify us of any health conditions that may affect participation

7.3 Consequences of Misconduct

Violation of conduct rules may result in immediate termination of services without refund and potential legal action.

8. Intellectual Property

8.1 Our Content

All content on our website, including text, images, logos, and software, is owned by Auto Essence Australia or our licensors and is protected by copyright and other intellectual property laws.

8.2 Permitted Use

You may view and download content for personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works without our written permission.

8.3 User-Generated Content

By submitting reviews, photos, or other content, you grant us a non-exclusive license to use, reproduce, and display such content for promotional purposes.

8.4 Trademark Rights

"Auto Essence Australia" and our logo are trademarks. You may not use our trademarks without prior written consent.

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimers

Our services are provided "as is" without warranties of any kind. We do not guarantee:

  • Uninterrupted or error-free service
  • Specific outcomes or experiences
  • Weather conditions or natural phenomena
  • Actions or quality of third-party service providers

9.2 Limitation of Liability

To the maximum extent permitted by law, our liability is limited to:

  • The amount paid for the specific service in question
  • Direct damages only (no consequential or indirect damages)
  • Claims brought within 12 months of the incident

9.3 Third-Party Services

We are not liable for the acts or omissions of third-party service providers including airlines, hotels, tour operators, or activity providers.

9.4 Personal Property

We are not responsible for loss, theft, or damage to personal property during travel experiences.

10. Force Majeure

10.1 Force Majeure Events

We are not liable for failure to perform due to circumstances beyond our reasonable control, including:

  • Natural disasters (earthquakes, floods, cyclones)
  • Government actions or travel restrictions
  • War, terrorism, or civil unrest
  • Pandemic or health emergencies
  • Labor strikes or transportation disruptions
  • Supplier failures or bankruptcies

10.2 Force Majeure Procedures

In force majeure situations, we will:

  • Notify affected customers as soon as reasonably possible
  • Attempt to provide alternative arrangements where feasible
  • Offer refunds for unutilized services where appropriate
  • Not be liable for additional costs or compensation

11. Dispute Resolution

11.1 Internal Resolution

We encourage customers to first contact us directly to resolve any disputes. We are committed to finding fair and reasonable solutions.

11.2 Mediation

If direct resolution is not possible, disputes may be referred to mediation through a recognized mediation service.

11.3 Consumer Rights

Nothing in these terms limits your rights under Australian Consumer Law, including rights to refunds and compensation for major failures.

11.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes individually and waive participation in class action lawsuits.

12. Governing Law

12.1 Applicable Law

These terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

12.2 Jurisdiction

Any legal proceedings must be commenced in the courts of New South Wales, Australia.

12.3 International Customers

International customers acknowledge that Australian law applies to their use of our services.

13. Changes to Terms

13.1 Right to Modify

We reserve the right to modify these terms at any time. Material changes will be communicated through:

  • Email notification to registered users
  • Prominent website notices
  • Updated "last modified" date on this page

13.2 Acceptance of Changes

Continued use of our services after changes constitutes acceptance of the new terms.

13.3 Existing Bookings

Changes to terms generally do not affect existing confirmed bookings unless required by law or circumstances.

14. Contact Information

For questions about these Terms of Service or to report violations, please contact us:

Auto Essence Australia

Legal Department

Level 15, 345 George Street
Sydney, NSW 2000
Australia

Email: [email protected]
Phone: +61 2 9555 0123
ABN: 12 345 678 901

14.1 Customer Service

For general inquiries and booking support:

  • Email: [email protected]
  • Phone: +61 2 9555 0123
  • Hours: Monday-Friday 8:00 AM - 6:00 PM AEST

14.2 Emergency Contact

For travel emergencies during business hours: +61 2 9555 0124

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